Morning Digest: Colorado's top court scuttles Democratic plan to draw new map for 2028

The ruling leaves limited options for a redraw to counter GOP gerrymandering

The Colorado Supreme Court ruled that a congressional map proposed by a Democratic-backed group will not appear on the ballot this fall.

Leading Off

CO Redistricting

The Colorado Supreme Court on Monday rejected a Democratic-backed plan to ask voters whether they want to adopt a new congressional map, ruling that the proposal violated the state Constitution’s prohibition on ballot initiatives that address more than a single subject.

As a result, Democrats’ hopes of enacting new boundaries in response to a barrage of GOP gerrymandering nationwide now almost certainly cannot come to fruition before the 2030 elections.

While Democrats have enjoyed full control over the state government since winning back the state Senate in 2018, a constitutional amendment voters approved that same year took authority over redistricting away from the legislature and handed it to an independent commission instead.

Revisiting that amendment, which at the time had the support of both Democrats and Republicans, would either require lawmakers to refer a new one to voters, or for proponents of revisiting the map to collect signatures to place a measure on the ballot.

With Democrats just shy of the necessary two-thirds supermajorities for the former option, an organization called Coloradans for a Level Playing Field unveiled a plan to pursue the latter route in February.

Mindful of the Supreme Court’s strict interpretation of the state’s single-subject rule, the group put forth multiple initiatives.

One, known as Initiative 240, would have amended the Constitution to temporarily suspend the redistricting commission and enact a new map that likely would have elected seven Democrats and just one Republican.

A separate pair of proposals would have split the two parts, with one piece, called Initiative 241, addressing the commission and the other, Initiative 242, the map.

In a pair of unanimous decisions, the court said both efforts ran afoul of the single-subject rule.

The justices, all seven of whom were appointed by Democratic governors, concluded that Initiative 240 was invalid because it addressed “distinct and separate subjects.” They also determined that, because Initiatives 241 and 242 were each “conditioned on the passage” of the other, they likewise failed the same test.

“[W]hen the effective date of one measure is made expressly contingent on the passage of a separate and independent measure, it is neither accurate nor complete to say that the subject of the first measure is the single subject,” the court wrote.

Coloradans for a Level Playing Field criticized the outcome.

“The success of this partisan attempt to sideline Coloradans from responding to Donald Trump’s unprecedented mid-decade redistricting scheme is disappointing,” spokesperson Curtis Hubbard said in a statement. “While Trump and his MAGA allies regularly sidestep the law and ignore voters, efforts to respond have once again been dealt a legal setback over a technicality.”

Now, though, Democrats have limited options to achieve their aim of redrawing Colorado’s congressional lines.

The body responsible for determining whether measures may appear on the ballot in November held its last meeting in April, and by statute, it cannot meet again this year. While lawmakers could theoretically change that law, the legislature adjourned its regular session last month, and it can only be called back for a special session by the governor or by a two-thirds vote of its members.

Democrats, though, need to gain just one seat in each chamber of the legislature this fall to win the two-thirds supermajorities needed to put a new amendment before voters. Legislatively referred amendments are not limited by the single-subject rule, but the soonest one could appear on the ballot would be November of 2028, meaning that a new map could not be used until 2030.

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Senate

AK-Sen

Retired teacher Dan J. Sullivan will appear on the Aug. 18 primary ballot after the Alaska Supreme Court on Monday upheld a lower court ruling finding that election officials had erred in removing his name on the grounds that he was not a “good-faith” candidate.

Republicans had argued that Sullivan’s candidacy is intended to confuse voters who might otherwise support GOP Sen. Dan S. Sullivan, who is seeking reelection this year. Dan J. Sullivan is also running as a Republican in the primary, which will see the top four vote-getters, regardless of party, advance to a ranked-choice general election in November.

In all, 16 candidates are participating in the race, including seven Republicans, three Democrats, three independents, and three third-party hopefuls. The most prominent challenger is former Democratic Rep. Mary Peltola.

MN-Sen

Minneapolis Mayor Jacob Frey, a prominent centrist who won a third term leading Minnesota’s largest city last fall, endorsed Rep. Angie Craig’s bid for Senate on Monday. Craig faces Lt. Gov. Peggy Flanagan in the Aug. 11 Democratic primary.

Governors

TN-Gov

Rep. John Rose is going up with his first negative TV ad against Sen. Marsha Blackburn, who’s held a massive lead in every single publicly released poll, ahead of their Aug. 6 Republican primary clash for Tennessee’s open governorship.

“Thirty-four years, that’s how long Marsha Blackburn’s been in politics,” Rose tells the audience. “We all owe Marsha our thanks, but we don’t owe her the governor’s office.”

Rose, who briefly held the appointed post of state agriculture commissioner in the early 2000s before he was elected to Congress in 2018, avoids mentioning his own time in politics. He instead declares, “Like Trump, I’m a CEO. To run our state, we need someone who’s run a business, not just someone who just runs for office.”

Rose’s offensive comes almost two months after the wealthy congressman, who loaned his campaign $5 million last year, began running positive commercials to boost his name recognition.

A pro-Blackburn group, meanwhile, recently launched a spot featuring clips of Trump praising the senator.

But while viewers may come away with the impression that Trump is supporting Blackburn, the Nashville Banner reported this month that Trump has told members of the state’s congressional delegation he doesn’t plan to take sides in the primary. Still, as one unnamed member told the site, “[T]his president has been known to change his mind.”

Republican state Rep. Monty Fritts is also running to replace GOP Gov. Bill Lee, who is termed out.

Ballot Measures

OH Ballot

A proposal to repeal qualified immunity in Ohio will not appear on the November ballot in Ohio after supporters declined to submit signatures this year following a long-running legal battle. However, organizers can still try to qualify for the ballot in 2027.

Poll Pile

• IA-Sen: Cygnal for Iowans for Tax Relief:

  • Ashley Hinson (R): 46, Josh Turek (D): 44.

• ME-Sen: Siena University for The New York Times and Portland Press Herald:

  • Graham Platner (D): 49, Susan Collins (R-inc): 47.

• MN-Sen (D): Public Policy Polling for the Democratic Lieutenant Governors Association (pro-Peggy Flanagan):

  • Flanagan: 43, Angie Craig: 36.

  • April: 44-33 Flanagan.

• IA-Gov: Cygnal for Iowans for Tax Relief:

  • Rob Sand (D): 48, Zach Lahn (R): 43.

• PA-Gov: Bravo Group for PennLive:

  • Josh Shapiro (D-inc): 54, Stacy Garrity (R): 29.

  • May: 53-29 Shapiro.

• FL-25 (D): Beacon Insights for Jared Moskowitz:

  • Moskowitz (inc): 51, Oliver Larkin: 19.

• MT-01: Impact Research for Sam Forstag:

  • Aaron Flint (R): 44, Forstag (D): 44, Nick Sheedy (L): 5.