How long does the State Board of Education member from Colorado's new 8th congressional district serve, and is the term different starting in 2024?
Plain-English summary
Colorado picked up an eighth seat in the U.S. House of Representatives after the 2020 census. Because the state Constitution ties State Board of Education membership to congressional districts (one Board member per district, plus one at-large member when there are an even number of districts), the new district added two Board seats: one for CD-8 and one at-large member.
The legislature passed Senate Bill 22-013 to handle the transition. It said that at the 2022 general election, the CD-8 member would be elected to a two-year term and the at-large member to a six-year term, both starting in January 2023. Secretary of State Jena Griswold asked the AG: what about the next election in 2024? Does the CD-8 member elected then also serve two years, or do they get the standard six-year term like everyone else?
The AG's answer: six years. The two-year term was a one-time fix for 2022 only. Subsection (1) of § 22-2-105 spelled out the two-year term and tied it specifically to "the general election held in 2022." That language is limiting, not recurring. Because subsection (3) provides that "members shall be elected for terms of six years" except as provided in subsection (1), and subsection (1) doesn't address 2024 or later, the default six-year term applies to every election from 2024 forward.
The opinion frames this as a clean exercise in plain-text statutory construction. The statute says what it says. Reading the two-year term as repeating beyond 2022 would make the "at the general election held in 2022" qualifier surplusage, and Colorado law presumes the legislature does not use language idly.
What this means for you
If you are a candidate for the CD-8 State Board of Education seat
When you file to run for the CD-8 seat in 2024 or any subsequent election, you are running for a six-year term. The two-year term that the 2022 winner served was a one-time event tied to the original transition after redistricting. Plan your candidacy and your service expectations around a six-year commitment.
If you serve on the State Board of Education
After the 2024 election, all nine Board members serve six-year terms. Seats are staggered so roughly one-third of the Board faces voters every two years. The CD-8 seat is now in the regular rotation, not on a special abbreviated cycle.
If you work in a county elections office or the Secretary of State's office
For the 2024 ballot and beyond, list the CD-8 State Board of Education seat as a six-year term. The AG opinion is on record from the Secretary of State's own request, so it carries the most weight any non-judicial guidance can carry. If a candidate or party challenges the term length, the opinion is your reference point.
If you are a voter in CD-8
You voted in 2022 for a two-year term. In 2024, the seat is back on the ballot, and this time it is a full six-year term. After 2024, the CD-8 seat will appear on the ballot every six years, in the same rhythm as other Board seats elected the same year (CD-5, CD-6, and the at-large position were on the same 2022 ballot; they will return in 2028).
If you advise the General Assembly on similar transitional issues
This opinion is a useful reference for how courts (and the AG) read time-bounded clauses in statutes. The drafting lesson: if the legislature wanted the two-year term to recur, it could have said "at the general election held in 2022 and at each election thereafter." It didn't. The plain text is the best evidence of what the legislature meant. When drafting future transition provisions, be explicit about whether a non-default rule applies once or repeats.
The reporters in the citations matter. People v. Dist. Ct. Second Jud. Dist., Scoggins, Aspen Highlands, People v. Yascavage, Ingram v. Cooper, Lombard v. Colorado Outdoor Educ. Ctr., People v. Diaz, and the redistricting case (497 P.3d 493) are all Colorado Supreme Court decisions. People v. Benavidez is Colorado Court of Appeals. F.D.I.C. v. First Interstate Bank is from the U.S. District Court for the District of Colorado. None are from the U.S. Supreme Court.
Common questions
Q: Why did the 2022 CD-8 member only get a two-year term?
A: Because the General Assembly wrote it that way in Senate Bill 22-013. The reason is structural: the Board has staggered six-year terms, with about one-third of seats up every two years. Putting all nine members on a six-year clock starting in 2022 would have broken the staggered pattern. Giving the new CD-8 seat a one-time two-year term puts it on the existing rotation alongside other seats that were already due in 2024.
Q: Why is the term six years from 2024 onward?
A: Because § 22-2-105(3), C.R.S., says: "Except as provided in subsection (1) of this section, members shall be elected for terms of six years." Subsection (1) provides a different term length only for the 2022 election. There is no provision in subsection (1) addressing 2024 or any later election, so the default in subsection (3) applies.
Q: Could the General Assembly have written it differently?
A: Yes. If the legislature had wanted the two-year term to recur, it could have said "at the general election held in 2022 and at each election thereafter." It chose not to. The opinion treats that choice as deliberate.
Q: How many members are on the Colorado State Board of Education?
A: Nine, after the 2020 census added the eighth congressional district. One member from each of the eight districts, plus one at-large member (because there is an even number of congressional districts, the constitution requires the addition of an at-large member). Before the 2022 election, there were seven members (one from each of seven CDs).
Q: What does the at-large member do differently?
A: The at-large member is elected statewide, in the same manner as state officers (like the Secretary of State or Treasurer). District members are nominated and elected by the registered electors of their district, in the same manner as members of the U.S. House of Representatives.
Q: When do the other Board seats come up for election?
A: The opinion notes the historical staggered pattern. Before redistricting, three seats came up in 2020 (CD-1, CD-3, CD-7), two in 2018 (CD-2, CD-4), and two in 2016 (CD-5, CD-6). With the addition of CD-8 and the at-large seat, the 2022 election put four seats on the ballot (CD-5, CD-6, CD-8, at-large). Going forward, the cycle continues every two years with about one-third of seats up.
Background and statutory framework
Article IX, Section 1 of the Colorado Constitution created the State Board of Education to provide "general supervision of the public schools of the state." The constitution requires one member from each congressional district, plus one additional at-large member when the total number of districts is even. The constitution also leaves the manner of election and term length to the General Assembly: "in such manner and for such terms as may be by law prescribed."
In 1981, the General Assembly enacted § 22-2-105, C.R.S., which sets the manner of election and the default term length. Subsection (1) historically specified how members were elected in particular years. Subsection (2) describes the manner of election (by district, like U.S. House members; or at-large, like state officers). Subsection (3) sets the default six-year term, framed as the rule "[e]xcept as provided in subsection (1)."
For decades, Colorado had seven congressional districts and seven State Board of Education seats, each on a six-year staggered term. That structure was disturbed by the 2020 census, which gave Colorado an eighth seat in the U.S. House. After redistricting (In re Colorado Independent Congressional Redistricting Commission, 497 P.3d 493 (Colo. 2021)), the new CD-8 was approved before the 2022 election.
Senate Bill 22-013 (2022) added a transition clause to § 22-2-105(1): "At the general election held in 2022, one member shall be elected from the eighth congressional district for a two-year term, and one member shall be elected from the state at large for a six-year term, both terms commencing on the second Tuesday in January 2023." That language is the source of the question the Secretary of State raised. The two-year term applied to the 2022 election. The six-year term for the at-large member matched the default. What about CD-8 in 2024?
The opinion's answer is grounded in two well-established canons of Colorado statutory construction. First, plain language controls. If the statute is clear on its face, courts do not reach for legislative history or other interpretive aids (Scoggins v. Unigard Ins. Co., 869 P.2d 202). Here, "at the general election held in 2022" is a temporal limitation. It cannot be read to extend beyond 2022 without rewriting the statute.
Second, courts presume the legislature does not use words idly (Lombard v. Colorado Outdoor Education Center, 187 P.3d 565). If the General Assembly had wanted the two-year term to recur, it knew how to say so ("at each election thereafter"). It said only "at the general election held in 2022." Reading the two-year term as recurring would render the time qualifier surplusage.
The opinion also points to the canon that courts cannot add words the legislature did not include (People v. Diaz, 347 P.3d 621, citing People v. Benavidez). Inferring a recurring two-year term would require adding "and every two years thereafter" or similar language, which the AG declines to do.
The result is a clean reading: the 2022 election sat the CD-8 member for two years to integrate the new seat into the staggered cycle. From 2024 onward, the CD-8 seat falls under the default six-year term, just like every other district seat.
Citations and references
Constitutional and statutory authority:
- Colo. Const. art. IX, § 1 (State Board of Education composition and election)
- § 22-2-105, C.R.S. (manner of election and terms)
- § 22-2-105(1), C.R.S. (specific provisions including S.B. 22-013 amendments)
- § 22-2-105(2), C.R.S. (manner of election)
- § 22-2-105(3), C.R.S. (default six-year term)
- § 24-31-101(1)(d)(IV), C.R.S. (Secretary of State's authority to request AG opinion)
- §§ 2-4-101, 2-4-102, 2-4-203, C.R.S. (statutory construction rules)
Colorado Supreme Court cases:
- In re Colorado Indep. Cong. Redistricting Comm'n, 497 P.3d 493 (Colo. 2021) (approved CD-8 redistricting)
- People v. Dist. Ct., Second Jud. Dist., 713 P.2d 918 (Colo. 1986) (statutory construction principles)
- Scoggins v. Unigard Ins. Co., 869 P.2d 202 (Colo. 1994) (plain language controls)
- Aspen Highlands Skiing Corp. v. Apostolou, 866 P.2d 1384 (Colo. 1994) (ambiguity standard)
- People v. Yascavage, 101 P.3d 1090 (Colo. 2004) (interpretation of ambiguous statutes)
- Ingram v. Cooper, 698 P.2d 1314 (Colo. 1985) (avoid absurd results)
- Lombard v. Colorado Outdoor Educ. Ctr., Inc., 187 P.3d 565 (Colo. 2008) (legislature does not use language idly)
- People v. Diaz, 347 P.3d 621 (Colo. 2015) (cannot add words to statute)
Colorado Court of Appeals and federal district court:
- People v. Benavidez, 222 P.3d 391 (Colo. App. 2009)
- F.D.I.C. v. First Interstate Bank of Denver, N.A., 937 F. Supp. 1461 (D. Colo. 1996) (legislatures presumed to know existing law)
Legislative materials:
- S.B. 336, 53rd Gen. Assem., 1st Reg. Sess., § 17 (Colo. 1981) (original § 22-2-105)
- S.B. 22-013, 73rd Gen. Assem., 2d Reg. Sess., § 33 (Colo. 2022) (transition provision)
Source
- Landing page: https://coag.gov/attorney-general-opinions/
- Original PDF: https://coag.gov/app/uploads/2023/10/AG-Formal-Opinion-No-23-03.pdf
Original opinion text
PHIL WEISER
Attorney General
RALPH L. CARR
COLORADO JUDICIAL CENTER
1300 Broadway, 10th Floor
Denver, Colorado 80203
Phone (720) 508-6000
NATALIE HANLON LEH
Chief Deputy Attorney General
SHANNON STEVENSON
Solicitor General
TANJA WHEELER
Associate Chief Deputy Attorney
General
STATE OF COLORADO
DEPARTMENT OF LAW
FORMAL
OPINION
OF
PHILIP J. WEISER
Attorney General
Office of the Attorney General
No. 23-03
October 26, 2023
Jena Griswold, Secretary of State, requested this Formal Opinion under § 24-31-101(1)(d)(IV), C.R.S.
QUESTIONS PRESENTED AND SHORT ANSWERS
Questions Presented.
(1) What is the duration of the term of office for a candidate duly elected to the office representing the eighth congressional district on the State Board of Education that was filled by the election in 2022?
(2) What is the duration of the term of office for a candidate duly elected to the office representing the eighth congressional district on the State Board of Education that will be filled by the election in 2024?
Short Answers
(1) 2 years. Under the plain language of subsection (1) of § 22-2-105, C.R.S., the member elected to represent the eighth congressional district on the State Board of Education "[a]t the general election held in 2022 . . . shall be elected . . . for a two-year term."
(2) 6 years. Because subsection (1) of § 22-2-105, C.R.S., does not provide the term length in subsequent elections for the member elected to represent the eighth congressional district, subsection (3) of § 22-2-105, C.R.S. applies, stating that "members shall be elected for terms of six years." Therefore, the term of office for all members of the State Board of Education is six years, and such terms are staggered such that one-third of Board member seats go before the voters every two years.
BACKGROUND
I. The State Board of Education
Article IX, Section 1 of the Colorado Constitution created the State Board of Education ("Board") to provide "general supervision of the public schools of the state." The constitution further specified that the Board shall consist of one member from each congressional district ("CD"). However, the constitution leaves to the General Assembly the authority to prescribe the manner of election and length of a Board member's term:
Said board shall consist of a member from each congressional district of the state and, if the total number of such congressional districts is an even number, one additional member, and said members shall be elected as hereinafter provided. The members of said board shall be elected by the registered electors of the state, voting at general elections, in such manner and for such terms as may be by law prescribed[.]
Colo. Const. art. IX, § 1.
In 1981, the General Assembly enacted § 22-2-105, C.R.S, which sets forth how members of the Board are elected and term lengths. S.B. 336, 53rd Gen. Assem., 1st Reg. Sess., § 17 (Colo. 1981). The statute has been amended several times, most recently in 2022. See S.B. 22-013, 73rd Gen. Assem., 2d Reg. Sess., § 33 (Colo. 2022).
Subsection (1) of § 22-2-105, C.R.S., begins with the statement that "[t]he state board of education consists of one member elected from each congressional district in the state and, if the total number of congressional districts of the state is an even number, one member elected from the state at large." Subsection (1) continues by specifying how members would be elected in specific elections years.
Subsection (2) of § 22-2-105, C.R.S., provides the manner in which members are elected. Members from a congressional district "shall be nominated and elected by the registered electors of such district in the same manner as members of the house of representatives of the congress of the United States are nominated and elected." When there is an at-large member due to an even number of congressional districts, that member "shall be nominated and elected at large in the same manner as state officers are nominated and elected."
Subpart (3) of § 22-2-105, C.R.S., provides a six-year default term length for each member: "[e]xcept as provided in subsection (1) of this section, members shall be elected for terms of six years."
Prior to 2022, the Board was comprised of seven members, one from each of Colorado's then seven congressional districts. As a result of subsections (1) and (3), each Board member served a six-year term with staggered elections. Three Board member seats (CD-1, CD-3, and CD-7) went before the voters in 2020, two (CD-2 and CD-4) in 2018, and two (CD-5 and CD-6) in 2016.
II. Senate Bill 22-013 and Colorado's Eighth Congressional District
Following the 2020 United States Census, Colorado was apportioned an additional eighth seat in the U.S. House of Representatives. The new district was drawn and approved prior to the 2022 general election. See In re Colorado Indep. Cong. Redistricting Comm'n, 497 P.3d 493 (Colo. 2021).
The establishment of Colorado's eight congressional district enlarged the Board membership from seven seats to nine—adding one for the eighth district and one at-large member to account for the even number of congressional districts. See Colo. Const. art. IX, § 1. Accordingly, four Board member seats—representing CD-5, CD-6, CD-8, at-large—would go before the voters in the 2022 general election.
In 2022, the General Assembly adopted Senate Bill 22-013 ("S.B. 22-013"), which amended § 22-2-105, C.R.S. Relevant here, the General Assembly added the following requirement to subsection (1) of § 22-2-105, C.R.S.:
At the general election held in 2022, one member shall be elected from the eighth congressional district for a two-year term, and one member shall be elected from the state at large for a six-year term, both terms commencing on the second Tuesday in January 2023.
S.B. 22-013, § 33 (codified at § 22-2-105(1), C.R.S.).
III. Interpretation of Statutes
The General Assembly has provided guidance on how to interpret laws it adopts. See §§ 2-4-101 et seq., C.R.S. Among other things, "[w]ords and phrases shall be read in context and construed according to the rules of grammar and common usage." § 2-4-101, C.R.S. In enacting a statute, "[t]he entire statute is intended to be effective," and "[a] just and reasonable result is intended." § 2-4-102, C.R.S. To the extent a statute is ambiguous, a court may consider, among other things, "[t]he object sought to be obtained; the circumstances under which the statute was enacted; the legislative history, if any; the common law or former statutory provisions, including laws upon the same or similar subjects; the consequences of a particular construction; the administrative construction of the statute; [and] the legislative declaration or purpose." § 2-4-203, C.R.S.
The Colorado Supreme Court has also specified how courts should construe laws. The "primary task in construing a statute is to ascertain and give effect to the intent of the General Assembly . . . [t]o discern that intent, a court should look first to the language of the statute . . . interpreted so as to give consistent, harmonious, and sensible effect to all its parts." People v. Dist. Ct., Second Jud. Dist., 713 P.2d 918, 921 (Colo. 1986). If a statute's plain language is clear, "it is not necessary to resort to other rules of statutory interpretation." Scoggins v. Unigard Ins. Co., 869 P.2d 202, 205 (Colo. 1994).
A court will find a statute to be ambiguous when its language is "susceptible to more than one interpretation." Aspen Highlands Skiing Corp. v. Apostolou, 866 P.2d 1384, 1389 (Colo. 1994). If ambiguous, a court may consult other sources to determine a statute's intent, such as "legislative history, the consequences of a given construction, and the end to be achieved by the statute." People v. Yascavage, 101 P.3d 1090, 1093 (Colo. 2004) (citing § 2-4-203, C.R.S.). Moreover, "a statutory construction that defeats the legislative intent or leads to an absurd result will not be followed." Ingram v. Cooper, 698 P.2d 1314, 1315 (Colo. 1985) (citing § 2-4-102(1)(c), C.R.S.).
ANALYSIS
I. Under the plain language of § 22-2-105, the term length for the Board member elected in 2022 to represent the eighth congressional district was two years, and six years for subsequent elections.
Subsection (3) of § 22-2-105, C.R.S., states that, "[e]xcept as provided in subsection (1) of this section, members shall be elected for terms of six years." The plain language clearly indicates that each member of the Board shall serve a six-year term unless a different term is set forth in subsection (1) of the statute. § 22-2-105(3), C.R.S.
And indeed, the General Assembly did include a different term length in subsection (1)—for the 2022 election. Subsection (1) of § 22-2-105, C.R.S., as amended by S.B. 22-013, states: "[a]t the general election held in 2022, one member shall be elected from the eighth congressional district for a two-year term . . . ." By providing a different term length in subsection (1), the default six-year term in subsection (3) did not apply for the 2022 election.
However, for the 2024 election and all subsequent elections, the General Assembly did not provide a different term length for the Board member from the eighth congressional district. Thus, the default six-year term in subsection (3) applies in future elections following the 2022 election.
To be clear, the "two-year term" clause in subsection (1) cannot be read to apply beyond the 2022 election. The clause that immediately proceeds it—"[a]t the general election held in 2022"—qualifies that the "two-year term" only applies to the 2022 election. Reading the "two-year term" clause as a general rule that applies at every election moving forward would render the proceeding clause regarding the 2022 election superfluous. Instead, we attempt to give effect to every word in a statute because we presume the General Assembly does not use "language idly and with no intent that meaning should be given to its language." Lombard v. Colorado Outdoor Educ. Ctr., Inc., 187 P.3d 565, 571 (Colo. 2008) (internal quotation omitted).
Legislatures are presumed to know how to make laws. F.D.I.C. v. First Interstate Bank of Denver, N.A., 937 F. Supp. 1461, 1470 (D. Colo. 1996) ("[A] legislature is presumed to know existing law and judicial precedent when it enacts legislation."). Had the General Assembly intended for the two-year term requirement to continue beyond the 2022 election, it would have stated so. However, § 22-2-105(1), C.R.S., does not state "[a]t the general election in 2022 and at each election thereafter." Instead, the General Assembly expressly included in § 22-2-105(1), C.R.S., only the words "[a]t the general election in 2022" as a descriptor of the two-year term requirement. The statute cannot be read to create a two-year term beyond the 2022 election because "we must accept the General Assembly's choice of language and not add or imply words that simply are not there." People v. Diaz, 347 P.3d 621, 625 (Colo. 2015) (quoting People v. Benavidez, 222 P.3d 391, 394 (Colo. App. 2009)).
The plain language of § 22-2-105, C.R.S., is unambiguous; therefore, under the court's precedent, we do not look to other statutory construction aids. Reading subsections 1 and 3 of § 22-2-105, C.R.S., in harmony clearly demonstrates that the Board member from the eighth congressional district: (1) serves a two-year term following the 2022 election; and (2) serves a six-year term in 2024 and subsequent elections.
CONCLUSION
The establishment of the eighth congressional district resulted in two new members on the State Board of Education. In response, the General Assembly enacted S.B. 23-013 to accordingly update § 22-2-105, C.R.S., for the new Board members' terms of office. Under a plain reading of the statute, the Board member representing the eighth congressional district is elected to a two-year term at the 2022 election. In subsequent elections, the Board member's term of office is—like that of all other Board members—six years.
Issued this 26th day of October, 2023.
PHILIP J. WEISER
Colorado Attorney General