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<br /> impose an obligation to redistrict even short of the ideal district.Now add those mine whether it would be lawful to hold
<br /> when populations became extremely two percentages.If the total is 10 percent the next election without revising dis-
<br /> imbalanced.After the 1960 census,for or more,you should redistrict. tricts to correct population imbalances."17
<br /> example, of twenty states retaining the The 10 percent rule is court made,not For counties there is no requirement in
<br /> same number of members in the U.S. statutory,and its effect is a highly techni- the North Carolina statutes that they cor-
<br /> House of Representatives as they had cal,legal one.15 It serves as the method rect a population imbalance after the
<br /> been allocated after the 1950 census,not by which courts allocate the burden of census; there is only authorization for
<br /> one redistricted. Among them were proof in a lawsuit regarding whether a them to do so.The statute provides that
<br /> Georgia,which had last redistricted in districting plan violates the one-person/ the county commissioners"may by reso-
<br /> 1931; Colorado and Connecticut, in one-vote principle.A deviation of 10 per- lution redefine the electoral districts."18
<br /> 1921; Idaho and Montana, in 1917; cent or more automatically establishes a By contrast,the statute for school systems
<br /> Louisiana, in 1912; and New Hamp- prima facie violation.The burden of proof appears to require redistricting: "The
<br /> shire,in 1881. is then on the city, the county, or the local board of education shall revise
<br /> The issue came to a head in two U.S. school system to justify the deviation by electoral district boundaries from time
<br /> Supreme Court cases in the early 1960s. showing a rational and legitimate policy to time as provided in this subsection."19
<br /> In the first,Baker v. Carr,11 the Court for Even in the absence of a statutory
<br /> the first time recognized that population requirement,however,city council mem-
<br /> imbalances in electoral districts may vio- ��dvancing the bers,county commissioners,and school notion that came
<br /> late the Equal Protection Clause of the board members are obligated by the
<br /> Fourteenth Amendment.In the second, oaths they take (in which they pledge to
<br /> Reynolds v.Sims,12 the Court for the first Ato be called one uphold the U.S. Constitution)—and
<br /> time held a legislative districting plan to man, one vote" (later, should be motivated by the fear of liabil-
<br /> be unconstitutional on the basis of popu- ity in a lawsuit—to redraw districts
<br /> lation imbalance.In that case the thirty- One person, one vote"), promptly to redress imbalances.
<br /> five districts of the Alabama Senate varied the Court said that "the
<br /> in population from 15,417 to 634,864. right of suffrage can be Do you count people not eligible
<br /> The spread in the state House of Repre- to vote.'
<br /> sentatives was even greater. Advancing denied by a debasement Yes. Provisions in the North Carolina
<br /> the notion that came to be called "one or dilution of the weight statutes call for substantial equality
<br /> man,one vote" (later, "one person,one among districts based on total popula-
<br /> vote"),the Court said that "the right of of a citizens vote just as tion. For cities the statute specifies "the
<br /> suffrage can be denied by a debasement effectively as by wholly same number of persons as nearly as
<br /> or dilution of the weight of a citizen's prohibiting the free possible";for counties,the statute speaks
<br /> vote just as effectively as by wholly pro- of assigning"the population"to districts
<br /> hibiting the free exercise of the fran- exercise of the franchise." that are "as nearly equal as practicable";
<br /> chise."13 These early cases dealt with and for school systems, the statute
<br /> redistricting for elections to state legisla- addresses "correcting population imbal-
<br /> tures. The Court soon made clear that for the inequality in districts—be they ances.1120 In each case the statute clearly
<br /> the one-person/one-vote principle ap- old districts that have become unbalanced contemplates consideration of total pop-
<br /> plied to local elections as well.14 or new districts that have been drawn ulation,which will include some people
<br /> with such a deviation. This is a difficult who are not eligible to vote.The largest
<br /> How do you know whether you should task. If the maximum deviation is less group will be people under eighteen
<br /> redistrict after the 2000 census? than 10 percent, on the other hand,the years of age.
<br /> In determining whether there is substan- courts consider the population disparity To comply with these statutes,cities,
<br /> tial equality in population among dis- minimal, and the city,the county,or the counties,and school systems should use
<br /> tricts,courts routinely apply a "10 per- school system "is entitled to a presump- the census numbers that count all resi-
<br /> cent rule." Local jurisdictions can use tion that the apportionment plan was dents,whether or not they are eligible to
<br /> this rule too. It works like this: Divide the result of an honest and good faith ef- vote.That is,in figuring whether there is
<br /> the new population by the total number fort to construct districts. . .as nearly of a 10 percent deviation,you should count
<br /> of seats.That gives you the "ideal" pop- equal population as is practicable."16 people under the age of eighteen and
<br /> ulation per seat. Next, apply the new nonresident citizens,including military
<br /> census numbers to your old election dis- Are you required to redistrict if the personnel assigned locally and inmates in
<br /> tricts. Look at the new population of numbers show an imbalance of state correctional or medical facilities.21
<br /> your most populous district,and figure 10 percent or higher? In the mid-1990s the voters of
<br /> the percentage by which it exceeds the Yes, even though not all the statutes Mecklenburg County approved changes
<br /> ideal population.Next,look at the pop- directly say so. For cities the applicable in the methods of election of their coun-
<br /> ulation of the least populous district, statute explicitly requires city councils to ty commissioners and school board
<br /> and figure the percentage by which it is review the 2000 census data to "deter- members, moving from at-large elec-
<br /> 6 POPULAR GOVERNMENT SPRING 2-00I
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