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Colorado Amendment D, Designate Judges to Twenty-Third Judicial District Measure (2022)

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Colorado Amendment D
Flag of Colorado.png
Election date
November 8, 2022
Topic
State judiciary
Status
Approveda Approved
Type
Constitutional amendment
Origin
State legislature

Colorado Amendment D, the Designate Judges to Twenty-Third Judicial District Measure, was on the ballot in Colorado as a legislatively referred constitutional amendment on November 8, 2022. The measure was approved.

A “yes” vote supported this constitutional amendment to:

  • direct the governor to assign judges from the 18th Judicial District to the new 23rd Judicial District by November 30, 2024, and
  • require these judges to establish residence in the new 23rd Judicial District by January 7, 2025.

A "no" vote opposed directing the governor to reassign judges from the 18th Judicial District to the new 23rd Judicial District and requiring the judges to establish residence by January 7, 2025.


Supermajority requirement: A 55 percent supermajority vote was required for the amendment to be approved.

Election results

Colorado Amendment D

Result Votes Percentage

Approved Yes

1,502,866 67.38%
No 727,409 32.62%
Results are officially certified.
Source


Overview

What did Amendment D change?

See also: Constitutional changes and Judicial districts in Colorado

As of 2022, the 18th Judicial District was comprised of Arapahoe, Douglas, Elbert and Lincoln Counties. In 2020, the Colorado State Legislature passed House Bill 1026 (HB 1026), which was designed to remove Douglas, Elbert and Lincoln Counties from the 18th Judicial District and create a new 23rd Judicial District for the three counties on January 7, 2025. Under the bill, the 23rd Judicial District was set to be comprised of eight judges while the 18th Judicial District was set to have seven judges removed, meaning the number of district court judges in the state was set to increase by one.[1]

Amendment D required the governor, by November 30, 2024, to designate judges from the 18th Judicial District to serve in the newly created 23rd Judicial District. Judges were required to establish residence in the 23rd district by January 7, 2025.[2]

Colorado has had 22 judicial districts since 1964. The 18th Judicial District court was established in 1964 to serve Arapahoe and Douglas counties. Twenty days after the district was established, Elbert County was added to the district. In 1969, Lincoln County was added to the district. As of 2022, the 18th judicial district was comprised of 24 judges and one chief judge: 16 in Arapahoe County (including the chief judge), seven in Douglas County, and one each in Lincoln and Elbert counties.[3]

How did Amendment D get on the ballot?

See also: Background and Path to the ballot

In 2020, the Colorado State Legislature passed and Governor Jared Polis (D) signed House Bill 1026, which was set to remove Douglas, Elbert and Lincoln counties from the 18th Judicial District and create a new 23rd Judicial District for those counties, effective January 7, 2025. Under the bill, the 23rd District was set to be comprised of eight judges while the 18th Judicial District was set to have seven judges removed.[1]

Legislative sponsors wrote, "The number of judicial districts has remained at twenty-two for more than fifty years, although Colorado's population has increased by 3.5 million people during that time. The eighteenth judicial district ... has grown more than any other Colorado judicial district during that time and now has a population exceeding one million people. No other judicial district has a population exceeding 750,000 people, and no other judicial district has approached the rate of growth of the 18th judicial district."[1]

The constitutional amendment was introduced as House Concurrent Resolution 22-1005. It was approved in the House on April 18, 2022, by a vote of 60-2 with three members excused. The amendment was passed unanimously by the Senate on April 26, 2022.[2]

Text of measure

Ballot title

The ballot title was as follows:[2]

Shall there be an amendment to the Colorado constitution concerning judges of the newly created twenty-third judicial district, and, in connection therewith, directing the governor to designate judges from the eighteenth judicial district to serve the remainder of their terms in the twenty-third judicial district and requiring a judge so designated to establish residency within the twenty-third judicial district?[4]

Constitutional changes

See also: Article VI, Colorado Constitution

The measure added a subsection 5 to Section 10 of Article VI of the Colorado Constitution. The following underlined text was added:[2]

Section 10. Judicial districts - district judges - repeal.

(5) Pursuant to the creation of the Twenty-Third Judicial District, no later than November 30, 2024, the Governor shall designate district judges from the Eighteenth Judicial District to serve as district judges in the Twenty-Third Judicial District. No later than January 7, 2025, each district judge designated pursuant to this section shall establish residence in the Twenty-Third Judicial District. Each district judge designated pursuant to this section, at the completion of the last term for which the judge was last elected or appointed, is eligible to seek retention in the Twenty-Third Judicial District. A vacancy in any judicial office in the Twenty-Third Judicial District occurring after January 7, 2025, shall be filled as provided in Section 20 (1) of this Article VI.[4]

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 30, and the FRE is -13. The word count for the ballot title is 62.


Support

Supporters

The following officials sponsored Amendment D in the state legislature.

Officials


Arguments

  • State Rep. Mike Weissman (D): "None of us who are sponsors of this measure take lightly what it means to amend our state constitution. But this is in furtherance of a smooth transition for over a million people who live in some of Colorado’s most populous counties. This is not just about a certain number of judges, this is about continuity of our legal process."
  • Terry Scanlon, legislative liaison for the state judicial department: "So really this is kind of a rare ballot measure here where it serves the best interest of the community and there is no real trade-off, no downside if this passes. In order to ensure we have smooth transition, this just creates a legal mechanism to have the current judges continue serving the communities they serve now when the boundaries and the names of the judicial districts change."


Official arguments

The following is the argument in support of the measure found in the Colorado Blue Book:[5]

  • Colorado Blue Book Official Arguments: "Amendment D establishes a smooth transition for the new judicial district and helps avoid the cost of potential litigation. Because it is unclear if current state law will ensure the proper seating of judges in the new district, the amendment provides a definitive legal mechanism for the transition. This will prevent the invalidation of rulings resulting from allegations of improper seating of judges, as well as offset costs and address other logistical concerns. Requiring the Governor to assign judges to the new district in a timely and efficient way also prevents disruptions and delays in casework and court proceedings."

Opposition

Arguments

  • Chris Forsyth, executive director of the Judicial Integrity Project: "A 'no' vote preserves the constitutional right of the constituents in the 23rd Judicial District to select their own judges through their nominating commission. Amendment D is a special interest measure that would create a one-time exception to the constitution (Sec. 20, Art. VI) to allow 7 judges currently serving in the 18th Judicial District to transfer to the new 23rd Judicial District. We should not alter the state constitution for a one-time issue. If there was really a problem with the state constitution, the amendment should create a general process for future instances when a district is divided into two districts. This amendment does not do that. It only addresses the 23rd Judicial District. ... If the amendment passes, it may result in significant litigation regarding whether the judges were appropriately selected. Citizens of the 23rd Judicial District may challenge the judges selected under Amendment D. Citizens may argue that they are treated differently than citizens in all other judicial districts. Is there a good reason to treat citizens in the 23rd Judicial District differently than citizens in all other judicial districts?"


Official arguments

The following is the argument in opposition to the measure found in the Colorado Blue Book:[6]

  • Colorado Blue Book Official Arguments: "Amendment D is not the only way to assign judges to the 23rd Judicial District. The constitution and state statute allow for judges to be appointed through a vacancy process or to serve in other districts under certain circumstances."

Media editorials

See also: 2022 ballot measure media endorsements

Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.

Support

  • Denver Post Editorial Board: "Lawmakers have said that without Amendment D, there is no clear process in the law to aid an orderly transition of judges, and an orderly transition is essential to prevent legal challenges over whether a judge is rightfully seated to oversee a case."
  • Durango Herald Editorial Board: "Amendment D is necessary and should be approved. Colorado’s newly formed 23rd Judicial District – Douglas, Elbert and Lincoln counties roughly southeast between Denver and Colorado Springs – is a portion of the current 18th District. A 'yes' vote allows the governor to reassign judges, making the 23rd operational."


Opposition

You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.


Campaign finance

See also: Campaign finance requirements for Colorado ballot measures

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $0.00 $0.00 $0.00 $0.00 $0.00
Oppose $0.00 $0.00 $0.00 $0.00 $0.00
Total $0.00 $0.00 $0.00 $0.00 $0.00


Ballotpedia has not identified political action committees registered to support or oppose this measure. If you are aware of one, please email editor@ballotpedia.org.

Background

Creation of 23rd Judicial District

In 2020, the Colorado State Legislature passed and Governor Jared Polis (D) signed House Bill 1026, which was set to remove Douglas, Elbert and Lincoln counties from the 18th Judicial District and create a new 23rd Judicial District for those counties, effective January 7, 2025.[1]

Under the bill, the 23rd District was set to be comprised of eight judges while the 18th Judicial District was set to have seven judges removed.[1]

Creation of the 18th Judicial District

See also: Colorado 18th Judicial District

The 18th Judicial District court was established in 1964 to serve Arapahoe and Douglas counties. Twenty days after the district was established, Elbert County was added to the district. In 1969, Lincoln County was added to the district. Going into the 2022 election, the district was comprised of 24 judges and one chief judge: 16 in Arapahoe County (including the chief judge), seven in Douglas County, and one each in Lincoln and Elbert counties.[7]

Judicial districts in Colorado

See also: Colorado District Courts

District courts in Colorado are trial courts of general jurisdiction that handle civil, criminal, and probate cases. Denver is the only district in Colorado that has a separate probate court. Colorado has had 22 judicial districts since 1964. District boundaries generally are aligned with county borders, however, most districts are comprised of multiple counties; only four counties are their own judicial district (Pueblo County, the 10th; Weld County, the 19th; Boulder County, the 20th; and Mesa County, the 21st district).[8]

Co current districts.png


2025 co judicial districts v2.png


Information on specific judicial districts is available by using the links below.

District County or Counties
First Judicial District Gilpin County, Jefferson County
Second Judicial District Denver County, Denver Juvenile Court, Denver Probate Court
Third Judicial District Huerfano County, Las Animas County
Fourth Judicial District El Paso County, Teller County
Fifth Judicial District Clear Creek County, Eagle County, Lake County, Summit County
Sixth Judicial District Archuleta County, La Plata County, San Juan County
Seventh Judicial District Delta County, Gunnison County, Hinsdale County, Montrose County, Ouray County, San Miguel County
Eighth Judicial District Jackson County, Larimer County
Ninth Judicial District Garfield County, Rio Blanco County, Pitkin County
Tenth Judicial District Pueblo County
Eleventh Judicial District Chaffee County, Custer County, Fremont County, Park County
Twelfth Judicial District Alamosa County, Conejos County, Costilla County, Mineral County, Rio Grande County, Saguache County
Thirteenth Judicial District Kit Carson County, Logan County, Morgan County, Phillips County, Sedgwick County, Washington County, Yuma County
Fourteenth Judicial District Grand County, Moffat County, Routt County
Fifteenth Judicial District Baca County, Cheyenne County, Kiowa County, Prowers County
Sixteenth Judicial District Bent County, Crowley County, Otero County
Seventeenth Judicial District Adams County, Broomfield County
Eighteenth Judicial District Arapahoe County, Douglas County, Elbert County, Lincoln County
Nineteenth Judicial District Weld County
Twentieth Judicial District Boulder County
Twenty-First Judicial District Mesa County
Twenty-Second Judicial District Dolores County, Montezuma County

Referred amendments on the ballot, 2000-2020

A total of 31 legislatively referred constitutional amendments appeared on the statewide ballot in Colorado from 2000 to 2020. All of the amendments were referred to the ballot during even-numbered election years. Of the 31 amendments, 17 (54.84%) were approved and 14 (45.16%) were defeated. From 2000 through 2020, the number of referred amendments on the ballot ranged from zero to six.

Colorado legislatively referred constitutional amendments, 2000-2020
Total number Approved Percent approved Defeated Percent defeated Annual average Annual median Annual minimum Annual maximum
31 17 54.84% 14 45.16% 2 2 0 6

Path to the ballot

See also: Amending the Colorado Constitution

To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote is required in both the Colorado State Senate and the Colorado House of Representatives.

The amendment was introduced as House Concurrent Resolution 22-1005. It was approved in the House on April 18, 2022, by a vote of 60-2 with three members excused. The amendment was passed unanimously by the Senate on April 26, 2022.[2]

Vote in the Colorado House of Representatives
April 18, 2022
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 44  Approveda
YesNoNot voting
Total6023
Total percent92.31%3.08%4.62%
Democrat4010
Republican2013

Vote in the Colorado State Senate
April 26, 2022
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 24  Approveda
YesNoNot voting
Total3500
Total percent100.00%0.00%0.00%
Democrat2000
Republican1500

How to cast a vote

See also: Voting in Colorado

Click "Show" to learn more about voter registration, identification requirements, and poll times in Colorado.

See also

External links

Footnotes

  1. 1.0 1.1 1.2 1.3 1.4 Colorado State Legislature, "House Bill 1026 (2020)," accessed April 18, 2022
  2. 2.0 2.1 2.2 2.3 2.4 Colorado State Legislature, "House Concurrent Resolution 1005 (2022)," accessed April 18, 2022
  3. Colorado Judicial Branch, "18th Judicial District," accessed April 27, 2022
  4. 4.0 4.1 4.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  5. Colorado Secretary of State, "Official Voter Information Guide," accessed October 28, 2022
  6. Colorado Secretary of State, "Official Voter Information Guide," accessed October 28, 2022
  7. Colorado Judicial Branch, "18th Judicial District," accessed April 27, 2022
  8. Denver DA, "Colorado's Judicial System," accessed April 27, 3033
  9. Colorado Secretary of State, "Mail-in Ballots FAQs," accessed August 6, 2025
  10. LexisNexis, "Colorado Revised Statutes, § 1-7-101," accessed August 6, 2025
  11. 11.0 11.1 Colorado Secretary of State, "Voter Registration FAQs," accessed August 6, 2025
  12. 12.0 12.1 Colorado Secretary of State, "Colorado Voter Registration Form," accessed August 6, 2025
  13. Colorado Secretary of State, "Go Vote Colorado," accessed August 6, 2025
  14. Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
  15. Colorado Secretary of State, "Acceptable Forms of Identification," accessed August 6, 2025