Who Draws the Lines? Colorado's Push to Take Politicians Out of Local Redistricting

The Bottom Line

You know how politicians sometimes draw their own election maps to guarantee they stay in power? This bill puts an end to that at the county level by requiring independent, bipartisan citizen panels to draw the boundaries instead. It takes the same anti-gerrymandering rules Colorado voters approved for Congress and the state legislature and applies them directly to your local county commissioners.

What This Bill Actually Does

Back in 2018, Colorado voters overwhelmingly passed Amendments Y and Z to stop gerrymandering in Congress and the state legislature by using independent citizen commissions. But there was a glaring loophole left behind: county commissioners weren't included. Right now, in counties large enough to elect commissioners by district, the sitting commissioners often have a direct hand in drawing the very maps they will run in. HB26-1038, officially named the County Commissioner Redistricting Integrity Act, closes that loophole permanently by explicitly banning any currently elected county commissioner from serving on a redistricting commission.

Instead of politicians, the bill mandates that counties use an independent committee to draw the lines. This panel must be composed equally of members from the state's largest political party, the second-largest party, and voters who are entirely unaffiliated. The bill gives county boards two strict paths forward: they can either direct this independent panel to draw exactly one final map that the board is legally forced to adopt, or ask the panel for at least three maps and pick their favorite from that limited menu. The legislation also completely scraps the old "advisory committees" that used to sit as a buffer between the map-drawers and the public, shifting those duties directly to nonpartisan staff and the commission itself to streamline the process.

To ensure the maps actually reflect the voters, the bill requires these commissions to adopt a mathematical composite formula to measure how competitive a district will be, based on average margins of victory in past elections. They are legally required to first maximize the number of highly competitive districts (where the margin of victory is 5% or less), and then maximize moderately competitive districts (a 5% to 10% margin). To keep the process entirely transparent, any lobbyist trying to influence the map has just 72 hours to disclose who is paying them. Finally, if the panel cuts corners, the bill guarantees the right of any registered voter in the county to challenge the final map in district court.

What It Means for You

If you live in a larger Colorado county that elects commissioners by district—specifically Arapahoe, El Paso, and Weld counties—this bill completely overhauls how your local representation is decided. County commissioners hold immense power over your daily life. They control property tax mill levies, land use and zoning codes, road maintenance budgets, and local public health directives. By forcing these districts to be drawn competitively rather than as "safe seats" for one party, your vote suddenly carries a lot more weight. The days of a local election being functionally decided months early during a partisan primary are numbered in these counties.

The bill also opens the door for regular citizens to get directly involved in the machinery of local government. When the next U.S. Census triggers the redrawing of maps in 2031, these counties will need to recruit regular residents—Democrats, Republicans, and Independents alike—to sit on these independent panels. If you've ever complained about local politics feeling like an insider's club, this is a very real opportunity to be the one holding the pen. Furthermore, the mandatory 72-hour transparency window means maps cannot be proposed, tweaked, or voted on behind closed doors at the last minute; you will always have at least three days to review any changes before they become official.

There is also a major accountability lever built into this legislation for you as a voter. Under Section 7 of the bill, any qualified elector in the county has the legal right to challenge the adopted redistricting plan by filing an action in district court. If you believe the commission ignored the required formula for competitiveness, or blatantly gerrymandered a boundary to split up your specific neighborhood or community of interest, you don't have to just accept it. You have the legal standing to sue and force the county to comply with the rules. And importantly, the legislature clarified that these rules apply to all counties, regardless of whether they are a home rule county or a statutory one.

What It Means for Your Business

For business owners, real estate developers, and local contractors, county commissioners are often the ultimate gatekeepers for your bottom line. They approve zoning changes for new subdivisions, issue building permits, award lucrative county procurement contracts, and set local public health and safety regulations. HB26-1038 injects a heavy dose of political volatility into those boards. Because the bill mandates maximizing highly competitive districts (where elections are historically decided by 5% or less), you should expect more frequent turnover on your local board of county commissioners. A reliable, business-friendly incumbent might suddenly find themselves in a toss-up district every four years, meaning your business needs to be prepared to build relationships across the political aisle.

If your business model involves advocating for specific local policies—whether you're a developer pushing for a new commercial corridor, or a local trade association lobbying for infrastructure spending—pay very close attention to the new lobbying disclosure requirements. If you hire a professional to talk to the redistricting commission, staff, or county board about where lines should be drawn, that person is legally classified as a lobbyist. They must disclose your name, your entity, and the compensation they received within 72 hours of the lobbying contact or payment. The Secretary of State will then publish this information on a public website within 24 hours. Quietly influencing district boundaries to protect a specific project is no longer an option; your advocacy will be fully public.

You should also be aware of the strict operational timelines and open records requirements. The bill sets a hard deadline of September 30 of the redistricting year for the final maps to be adopted. If you are planning long-term developments or negotiating multi-year county contracts, you'll want to build that map-adoption window into your risk assessments. A district that looks favorable to your project in August could be entirely redrawn by October. Additionally, once a final plan is adopted by the county board, all work product and communications between the commission's staff and the commissioners become public record subject to the Colorado Open Records Act (CORA). Any data, emails, or drafts submitted by your business during the process will eventually be visible to the public and your competitors.

Follow the Money

According to the nonpartisan fiscal note, HB26-1038 doesn't cost the state of Colorado a single dime—no state appropriations are required. Instead, the financial and administrative impact falls squarely on local governments, specifically the larger counties that utilize district elections (currently Arapahoe, El Paso, and Weld).

When the next U.S. Census triggers the redistricting cycle, these counties will bear the costs of appointing and operating the independent commissions. This includes paying for specialized demographic and mapping software, computer hardware, hosting public hearings, dedicating staff time, and covering travel or per diem reimbursements for the citizen commissioners. However, state fiscal analysts note that these expenses are expected to be roughly comparable to what the counties would have spent anyway under the old map-drawing methods. This means local taxpayers shouldn't see a significant spike in county budgets just to achieve this added layer of election transparency.

Where This Bill Stands

HB26-1038 is currently Sent to Governor. The latest official action came on 06/03/2026: Sent to the Governor.

That means both chambers have finished with the bill and it is now waiting for the governor to sign it or veto it.