Section 45.General assembly. The general assembly shall consist of not more than thirty-five members of the senate and of not more than sixty-five members of the house of representatives, one to be elected from each senatorial and each representative district, respectively.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 44. Initiated 62: Entire section R&RE, see L. 63, p. 1045. Initiated 66: Entire section R&RE, see L. 67, p. 11 of the supplement to the 1967 Session Laws.
Cross references: For membership of general assembly, see § 2-2-101.
Historical background of and cases construing "Amendment No. 7"'
"Amendment No. 7" consists of the constitutional provisions of sections 45 to 48 of article V, as amended, November 6, 1962. Prior to this date sections 45 to 47 of article V read as follows:
Section 45.Census. The general assembly shall provide by law for an enumeration of the inhabitants of the state, in the year of our Lord 1885, and every tenth year thereafter; and at the session next following such enumeration, and also at the session next following an enumeration made by the authority of the United States, shall revise and adjust the apportionment for senators and representatives, on the basis of such enumeration according to ratios to be fixed by law.
Section 46.Number of members of general assembly. The senate shall consist of not more than thirty-five and the house of not more than sixty-five members. (As amended November 7, 1950).
Section 47.Senatorial and representative districts. Senatorial and representative districts may be altered from time to time, as public convenience may require. When a senatorial or representative district shall be composed of two or more counties, they shall be contiguous, and the district as compact as may be. No county shall be divided in the formation of a senatorial or representative district.
Cases construing "Amendment No. 7"
The case of Lisco v. McNichols, 208 F. Supp. 471 (D. Colo. 1962) was the forerunner of apportionment cases. While "Amendment No. 7" was not involved, the constitutionality of apportionment statutes (sections 63-1-2, 63-1-3 and 63-1-6, CRS 53, since repealed), providing for the number of senators and representatives and fixing for their apportionment, was questioned on the basis such apportionment was disproportionate and give unequal voting rights. The court decided that because of the imminence of the 1962 elections and because two proposed constitutional amendments (no. 7 and no. 8) concerning apportionment were on the ballot to be voted on in the 1962 election they would refrain from acting and the case was continued.
The question next arose in the case of Lisco v. Love, 219 F. Supp. 922 (D. Colo. 1963).