(1) Each county shall be divided into three compact districts by the board of county commissioners. Each district shall be as nearly equal in population as possible based on the most recent federal census of the United States minus the number of persons serving a sentence of detention or confinement in any correctional facility in the county as indicated in the statistical report of the department of corrections for the most recent fiscal year. Each district shall be numbered consecutively and shall not be subject to alteration more often than once every two years. One commissioner shall be elected from each of such districts by the voters of the whole county. If any commissioner, during his or her term of office, moves from the district in which he or she resided when elected, his or her office shall thereupon become vacant. All proceedings by the board of county commissioners in formation of such districts not inconsistent with this section are confirmed and validated.
Each county having a population of seventy thousand or more that has chosen toincrease the members of the board of county commissioners from three to five must be divided into three or five districts by the board of county commissioners according to the method of election described in section 30-10-306.5 (5) or (6) or section 30-10-306.7. The districts must be as nearly equal in population as possible based on the most recent federal census of the United States minus the number of persons serving a sentence of detention or confinement in any correctional facility in the county as indicated in the statistical report of the department of corrections for the most recent fiscal year. Each district must be numbered consecutively and is not subject to alteration more often than once every two years; except that, notwithstanding subsection (3) of this section, the board may alter the districts to conform to precinct boundaries that are changed in accordance with section 1-5-103 (1), based on the division of the state into congressional districts or an approved plan for redistricting of the members of the general assembly when necessary to ensure that no precinct is located in more than one district. Commissioners are elected at large or from districts according to the method of election described in section 30-10-306.5 (5) or (6) or section 30-10-306.7. If any commissioner required to be resident in a district moves during his or her term of office from the district in which he or she resided when elected, his or her office thereupon becomes vacant. All proceedings by the board of county commissioners in formation of such districts not inconsistent with this section are confirmed and validated.
When a board of county commissioners determines to change the boundaries of commissioner districts or when new districts are created, such changes or additions shall be made only in odd-numbered years and, if made, shall be completed by July 1 of such year, except in cases of changes resulting from changes in county boundaries.
Notwithstanding subsections (1) to (3) of this section, after each federal census of theUnited States, each district shall be established, revised, or altered to assure that such districts shall be as nearly equal in population as possible based on such census minus the number of persons serving a sentence of detention or confinement in any correctional facility in the county as indicated in the statistical report of the department of corrections for the most recent fiscal year. The establishment, revision, or alteration of districts required by this subsection (4) shall be completed by September 30 of the odd-numbered year following such census.
No less than thirty days before adopting any resolution to change the boundaries ofcommissioner districts or create new commissioner districts, the board of county commissioners shall hold a public hearing on the proposed district boundaries.
Source: G.L. § 438. L. 1881: p. 100, § 1. G.S. § 530. L. 01: p. 144, § 1. R.S. 08: § 1196. C.L. § 8672. CSA: C. 45, § 15. CRS 53: § 35-3-6. L. 63: p. 262, § 1. C.R.S. 1963: § 35-3-6. L. 75: Entire section R&RE, p. 190, § 2, effective April 24. L. 80: (3) added, p. 424, § 2, effective March 25; (2) amended, p. 411, § 18, effective January 1, 1981. L. 84: (3) amended and (4) added, p. 818, § 1, effective March 26. L. 88: (2) amended, p. 1113, § 2, effective April 9; (3) amended, p. 298, § 4, effective January 1, 1989. L. 2002: (1), (2), and (4) amended and (5) added, p. 135, § 1, effective August 7. L. 2020: (2) amended, (SB 20-186), ch. 272, p. 1330, § 17, effective July 11.