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Senate adopts county redistricting bill with amendment shielding nonpartisan staff from routine litigation
Summary
The Colorado Senate on March 20 adopted House Bill 10-38, a county commissioner redistricting measure, and approved amendment L016 clarifying that nonpartisan county staff such as clerks and recorders should not be named as necessary parties in redistricting lawsuits unless statutes specifically assign duties to them.
The Colorado Senate on March 20 adopted House Bill 10-38, a measure establishing county-level procedures associated with a new independent redistricting commission, and approved a third-reading amendment intended to protect nonpartisan county staff from routine involvement in litigation.
Senator Snyder, explaining amendment L016, said the change "protect[s] the nonpartisan staff at the county level from being involved in any politically ... lawsuit." He told colleagues the amendment narrows who may be named as defendants so clerks and recorders are not automatically pulled into litigation unless statutory duties explicitly require it.
The amendment was offered under permission to amend on third reading, debated briefly, and adopted by voice vote. Following adoption of L016, the Senate proceeded to final passage. The clerk recorded the final tally as 21 ayes, 11 noes, 0 absent, with 3 excused; the bill was passed.
Why it matters: Supporters said the amendment protects career county staff carrying out statutorily required administrative duties from partisan litigation. Opponents raised concerns (reflected in the recorded no votes) about whether the change limits litigants’ ability to challenge redistricting processes by naming responsible local officials.
What happens next: With Senate passage, the bill moves toward enrollment consistent with legislative procedures for bills that have passed both chambers. The amendment and the bill text will be included in the enrolled copy.
Details and process notes: Senator Snyder framed the amendment as preserving the neutrality of nonpartisan staff during the redistricting process and confirmed that any qualified elector may still bring suit in district court, with the county commissioners or the independent commission named as defendants when appropriate. The amendment clarifies that clerks and recorders are "not necessary and proper parties" unless the complaint specifically alleges violations of duties that statute assigns to them.
