Agenda - 05-05-2005-1a - Laserfiche WebLink

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~-„ ~ r_ -1 '-'1 R~C~,, ~_._ ... __ IHARRI:~GTC~'~' SIrSIIH n HEGISTYRED L,I4ITED LIAHI Lf T1'FwRT]£ASHtP AT'TOASEYS .4T LAN' RALEIGH. NORTH CAROL.I *A CnR LI51E u' Y.~GGt\S .~HH: IDHJi G£OftGE T ftOGiST£R .:R :IJ3G-'~9DS. S P.AROLD THARRI]GTO\' DEHRA R FICEEL.E tC+DE N HMS':H -wR1 Et. ti CLAAH ROGER x'SMITH JOtiATHh? A HLUHHERG CARL]> G 20OL£ ROD HALOSE DOUG Ln.S E IiiRGEH ERY E HARDI' L£x IS RwXD.+LL Y RODES JAIE HE]ER ?I ICIi nEL CROx'ELL DEHRn SH:]'}t Rk55£A AKF L HAJLS'IC I':E\\ET}i A. SOO nLLI50] HAOxy SCH WEER RETH T DOti 13TG .. ELIESA H EI:LL }: /.TH' EX C 90SD 8 October 1996 Geoffrey E. Gledhill Orange County Attorney Post Office Drawer 1529 Hillsborough, North Carolina 27278-129 Dear Geoff: 15 30D FAYETTE]'ILLE STREET Hn11, P O I30X IIGI Rn LEt Gli. t: C 2`GO. ~H51 TELEPHOP'E (91D? H21-6Tp TELECOPIER ~41Di 029-1iR3 Thank you for your letter about districting. Actually, I agree ~i ith what }you say. .Although there is no constimtional requirement that residenc,}~ districts be equal in population, G.S. 1SA-58(3) imposes such a requirement when the commissioners follow that statutory process for switching to residency districts. I suppose the statutor}~ requirement might be construed in light of the constitutional law that developed later, so that the balance of population among districts need not be quite as precise as with true election districts, but still there is some requirement of population equality.. On the other hand, it also might be argued that the statutory requirement of "as nearly equal as practicable" necessitates a more exact balancing than would be necessary to meet the constitutional test of one-person one-rote. As you point ont, G S I53A,22(g) does specifically exempt residency districts from reapportionment by the county commissioners. As far as I can see, that means that once residency districts have been established there is no authority in the General Statutes for conunissioners to redraw the lines on their o~; n to tal:.e into account population shifts over time. Most of the boards of county commissioners that hate opted for an election method other than the stzndard five rnembers elected at large have done so through local leuislation rather than through the referendum procedure in G.S. I53.A-S8. «'hen a local act is used to establish residency districts, the statuton prop ision on population equalit}~ daes not apply. and the districts can be drawn based on townships or precincts or other bases that will not result in equal population. ?~?j' impression is thzt the residency districts established b}' local act are almost always based on township lines and are not close to equal in population.