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Court will draw districts

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Tuesday, May 24, 2011 3:57 PM

DENVER — Colorado’s new congressional districts will be drawn in the same place they have been for the past 30 years — a Denver courtroom.

On May 11, the Legislature had not even adjourned for the year before Democrats and Republicans filed competing lawsuits to force a judge to draw a new map.

The stakes are high for U.S. Rep. Scott Tipton, R-Cortez, and Colorado’s six other incumbents.

Republicans proposed maps that make few changes to the current districts, except for in the Denver metro area. Democrats introduced maps that would shake up the current scheme and make more districts winnable for either party.

“Every Coloradan wants to have accountable representatives. If we want accountable representatives, we need competitive districts,” said Rick Palacio, chairman of the Colorado Democratic Party.

Republicans don’t buy the “competitiveness” argument.

“The problem with that is it’s not legal,” said Ryan Call, the state Republican Party chairman. “There is not one single jurisdiction in the United States that elevates competitiveness to a legal criteria.”

Any attempt to make districts competitive will break up “communities of interest,” a legal criteria in drawing districts, Call said. For example, Democrats proposed a map that pairs the liberal university city of Boulder with Cañon City, a conservative prison town.

Now that the case is in court, it is possible that neither side will pursue the maps they introduced in the Legislature in April. Both Call and Palacio said their parties’ original maps were an attempt to force the other side to negotiate.

“I think it was a good map. Perhaps it wasn’t the best map. The maps that were put forward were to bring Republicans to the table,” Palacio said.

Call said the Republican maps in the Legislature were “a good-faith effort at compromise.”

“Now that this is in the courts, I think you’ll see Republicans proposing lines and districts that more adequately represent Colorado communities,” Call said.

But the Legislature’s four months of work, including public hearings around the state, wasn’t entirely a wasted effort. It will be the main evidence in the case, and the citizen testimony will be the most important part, Call said.

Officially, the state parties are not involved in the lawsuits. But the plaintiffs are party loyalists from each congressional district, and two of the leading political lawyers in the state — Mark Grueskin for the Democrats and Richard Westfall for the Republicans — are handling the case.

Denver Chief Judge Robert Hyatt — a 1987 appointee of Democratic Gov. Roy Romer — has the case in his courtroom, but he could assign it to another judge.

Republicans have asked for a trial to begin by early October. Democrats expect it to start sometime in October or November. In 2000, the trial lasted about two weeks.

Before the trial, the two sides will file competing briefs and eventually introduce maps for the judge to consider.

The Legislature is supposed to draw new maps after the Census every 10 years to make sure each district has exactly the same population.

But since 1980, control of the House, Senate and governor’s office has been divided during a redistricting year, and the parties have never been able to draw a map without going to court.



Reach Joe Hanel at joeh@cortezjournal.com.

Political parties’ district proposals

Republicans and Democrats introduced two very different plans for new congressional districts when the Legislature was in session. Now that a court is deciding the issue, new options could be considered, but this chart shows how our elected leaders fared under the existing proposals.
Congressional District 1, Rep. Diana DeGette, D-Denver
Democratic map — Win. The heavily Democratic city of Denver remains the focus of District 1 in both parties’ plans, so DeGette has nothing to fear. 2010 party registration: 47 percent Democrat, 22 percent Republican, 30.3 percent unaffiliated.
Republican map — Win. Republicans know they can’t win Congressional District 1, so they packed in even more Democrats to make the suburban districts a little tougher for the Dems to win. 2010 party registration: 48.6 percent Democrat, 20.2 percent Republican, 30.3 percent unaffiliated.
Congressional District 2, Rep. Jared Polis, D-Boulder
Democratic map — Lose. Polis is the biggest loser in the Democratic map, moving from a safe district to a competitive one that includes the conservative areas of Douglas County and Cañon City. 2010 party registration: 33.8 percent Democrat, 31.9 percent Republican, 33.4 percent unaffiliated.
Republican map — Win. Polis retains his safe district of Boulder and the Interstate 70 ski towns in the Republican plan. 2010 party registration: 37.2 percent Democrat, 27.1 percent Republican, 34.9 percent unaffiliated.
Congressional District 3, Rep. Scott Tipton, R-Cortez
Democratic map — Draw. Even though an earlier Democratic plan would have brought Tipton more Republican voters, the district would have reached out to Kansas and close to Denver, leaving him vulnerable to primaries in a district where few Republican voters knew him. This plan is status quo. 2010 party registration: 32.5 percent Democrat, 37.7 percent Republican, 28.9 percent unaffiliated.
Republican map — Draw. Tipton’s district doesn’t change much under the Republican plan, except he picks up Chaffee and Lake counties. Maps from both parties would make the Western Slope district one of the most competitive in Colorado. 2010 party registration: 32.7 percent Democrat, 37.7 percent Republican, 28.8 percent unaffiliated.
Congressional District 4, Rep. Cory Gardner, R-Yuma
Democratic map — Draw. Although the Eastern Plains district would remain heavily Republican, Gardner would lose the southern part of the plains and pick up a swath of Democrat voters south of Longmont. 2010 party registration: 28.1 percent Democrat, 37.8 percent Republican, 33.3 percent unaffiliated.
Republican map — Win. Gardner would retain almost all of his familiar district and pick up a slightly higher concentration of registered Republicans. 2010 party registration: 27.3 percent Democrat, 39.5 percent Republican, 32.5 percent unaffiliated.
Congressional District 5, Rep. Doug Lamborn, R-Colorado Springs
Democratic map — Lose. The Colorado Springs district remains the Republican stronghold, but Democrats would expand it to the southeastern plains, where the voters are at odds with El Paso County over water and a military training field expansion. 2010 party registration: 22.6 percent Democrat, 47.4 percent Republican, 29.3 percent unaffiliated.
Republican map — Win. Colorado Springs remains the focus of this safest of all Republican districts, where Lamborn already has won two Republican primary elections. 2010 party registration: 22.1 percent Democrat, 47.5 percent Republican, 29.8 percent unaffiliated.
Congressional District 6, Rep. Mike Coffman, R-Aurora
Democratic map — Lose. Coffman is the other big loser in the Democratic scheme, trading a safe district in the Denver suburbs for one that he could lose. 2010 party registration: 30.7 percent Democrat, 38.9 percent Republican, 29.9 percent unaffiliated.
Republican map — Win. Republicans would add some Democrats compared to the current district, but not in large enough numbers to threaten Coffman. 2010 party registration: 28.5 percent Democrat, 41.4 percent Republican, 29.6 percent unaffiliated.
Congressional District 7, Rep. Ed Perlmutter, D-Golden
Democratic map — Draw. Congressional District 7 was born in 2000 as a politically balanced district, and it became slightly Democratic in the past decade. Democrats would restore some of the original balance but still leave Perlmutter with a slight advantage. 2010 party registration: 34.9 percent Democrat, 32.0 percent Republican, 32.4 percent unaffiliated.
Republican map — Lose. The Republican plan would bring an 8 percentage point swing in party registration against Perlmutter in this district that spans Denver northwestern and northeastern suburbs. 2010 party registration: 33.9 percent Democrat, 33.5 percent Republican, 31.9 percent unaffiliated.

Reach Joe Hanel at joeh@cortezjournal.com.

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