Adams v. Fort Madison Community School District

182 N.W.2d 132, 1970 Iowa Sup. LEXIS 926
CourtSupreme Court of Iowa
DecidedDecember 15, 1970
Docket54061
StatusPublished
Cited by8 cases

This text of 182 N.W.2d 132 (Adams v. Fort Madison Community School District) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. Fort Madison Community School District, 182 N.W.2d 132, 1970 Iowa Sup. LEXIS 926 (iowa 1970).

Opinions

UHLENHOPP, Justice.

The question before us is whether the legislature can constitutionally require an extra majority vote in order for bond proposals to carry.

In a bond election in the Fort Madison Community School District, 53.1% of those voting .voted “yes.” At least a 60% affirmative vote is required by Code, 1966, §§ 296.6, 75.1. Several voters who voted “yes” bring this suit challenging those statutes.

In 1963, the United States Supreme Court announced the principle of one person, one vote in Gray v. Sanders, 372 U.S. 368, 83 S.Ct. 801, 9 L.Ed.2d 821. This court has consistently applied that principle in accordance with the spirit of the Gray decision. Kruidenier v. McCulloch, 257 Iowa 1315, 136 N.W.2d 546; Kruidenier v. McCulloch, 258 Iowa 1121, 142 N.W.2d 355, cert. denied, 385 U.S. 851, 87 S.Ct. 79, 17 L.Ed.2d 80; Meyer v. Campbell, 260 Iowa 1346, 152 N.W.2d 617; Mandicino v. Kelly, 158 N.W.2d 754 (Iowa); Gradischnig v. Polk County, 164 N.W.2d 104 (Iowa); In the Matter of Legislative Districting of General Assembly of Iowa, 175 N.W.2d 20 (Iowa).

Several courts have dealt with various extra majority requirements since the one person, one vote principle was announced. Rimarcik v. Johansen, D.C., 310 F.Supp. 61 (three-judge court) (55% requirement to adopt home rule charter — invalidated); Brenner v. School District of Kansas City, D.C., 315 F.Supp. 627 (three-judge court) (two-thirds for school bonds — upheld); Westbrook v. Mihaly, 2 Cal.3d 765, 87 Cal. Rptr. 839, 471 P.2d 487 (two-thirds for bonds — invalidated); Bogert v. Kinzer, 93 Idaho 515, 465 P.2d 639 (two-thirds for bonds — upheld); Lance v. Board of Education of Roane, 170 S.E.2d 783 (W.Va.) (three-fifths for bonds — invalidated).

Three main problems are presented by the voting statutes which are now before us: (1) What is the effect of the challenged statutes upon the voting strength of the “yes” and the “no” votes? (2) Is the simple majority rule invariable in a democracy? and (3) Does justification appear here for departing from the simple majority rule?

I. Strength of “Yes” and “No” Votes. The first problem requires consideration, initially, of the voting decisions of the United States Supreme Court, and then of the actual effect of the challenged statutes upon the “yes” and “no” votes.

[134]*134The United States Supreme Court has held that citizenship, residence, and age requirements may be imposed for voting, but the voting power of an individual voter or group of voters may not be cut down or eliminated by such irrelevant factors as geographical location of the voters, Baker v. Carr, 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed.2d 663; Gray v. Sanders, 372 U.S. 368, 83 S.Ct. 801, 9 L.Ed.2d 821; Wesberry v. Sanders, 376 U.S. 1, 84 S.Ct. 526, 11 L.Ed.2d 481; Reynolds v. Sims, 377 U.S. 533, 84 S.Ct. 1362, 12 L.Ed.2d 506; WMCA v. Lomenzo, 377 U.S. 633, 84 S.Ct. 1418, 12 L.Ed.2d 568; Maryland Committee for Fair Representation v. Tawes, 377 U.S. 656, 84 S.Ct. 1429, 12 L.Ed.2d 595; Davis v. Mann, 377 U.S. 678, 84 S.Ct. 1441, 12 L.Ed.2d 609; Roman v. Sincock, 377 U.S. 695, 84 S.Ct. 1449, 12 L.Ed.2d 620; Lucas v. Colorado General Assembly, 377 U.S. 713, 84 S.Ct. 1459, 12 L.Ed.2d 632; Hill v. Davis, 378 U.S. 565, 84 S.Ct. 1918, 12 L.Ed.2d 1037; Burns v. Richardson, 384 U.S. 73, 86 S.Ct. 1286, 16 L.Ed.2d 376; Swann v. Adams, 385 U.S. 440, 87 S. Ct. 569, 17 L.Ed.2d 501; Avery v. Midland County, 390 U.S. 474, 88 S.Ct. 1114, 20 L. Ed.2d 45; Kirkpatrick v. Preisler, 394 U.S. 526, 89 S.Ct. 1225, 22 L.Ed.2d 519, reh. denied, 395 U.S. 917, 89 S.Ct. 1737, 23 L.Ed. 2d 231; Wells v. Rockefeller, 394 U.S. 542, 89 S.Ct. 1234, 22 L.Ed.2d 535; Hadley v. Junior College District of Kansas City, 397 U.S. 50, 90 S.Ct. 791, 25 L.Ed.2d 45 (U.S.); military service, Carrington v. Rash, 380 U.S. 89, 85 S.Ct. 775, 13 L.Ed.2d 675; payment of a tax, Harper v. Virginia State Board of Elections, 383 U.S. 663, 86 S.Ct. 1079, 16 L.Ed.2d 169; or ownership of property or parentage of school children, Kramer v. Union Free School District, 395 U.S. 621, 89 S.Ct. 1886, 23 L.Ed.2d 583; Cipriano v. City of Houma, 395 U.S. 701, 89 S.Ct. 1897, 23 L.Ed.2d 647. See also Scott v. Germano, 381 U.S. 407, 85 S.Ct. 1525, 14 L.Ed.2d 477; Fortson v. Morris, 385 U.S. 231, 87 S.Ct. 446, 17 L.Ed.2d 330, reh. denied, 385 U.S. 1021, 87 S.Ct. 719, 17 L.Ed.2d 560; Sailors v. Board of Education of Kent County, 387 U.S. 105, 87 S.Ct. 1549, 18 L.Ed.2d 650; Dusch v. Davis, 387 U.S. 112, 87 S.Ct. 1554, 18 L.Ed.2d 656; City of Phoenix v. Kolodziejski, 399 U.S. 204, 90 S.Ct. 1990, 26 L.Ed.2d 523 (U.S.).

The challenged statutes do not cut down or eliminate voting strength in any of the ways proscribed by those decisions. In Iowa the qualifications for voting in school elections are the same as in general elections. Code, 1966, § 277.12. Every citizen of the United States may vote who is aged 21 years and has resided in the state six months and in the county 60 days. Iowa Const, art. II, § 1; U.S.Const. Amend. XIX. The vote on bond issues is canvassed and declared for the school district as a whole. Code, §§ 277.19, 277.20. Thus each voter casting a ballot at any place in the district is tallied as one vote.

Nevertheless, 41 “no” voters can prevent adoption of a proposition by 59 “yes” voters. As stated in Note, 70 Columbia Law Review 486, 496 n. 60:

“The discrimination inherent in geographical vote-weighting is different from that of extraordinary majority requirements. The Reapportionment Decisions ‘involved problems of discrimination against individuals * * * in the right of franchise based on the chance of geography.’ * * * The same statement can be made of Gray. And these problems arose from the classification of voters, in advance of voting, by the place of their residence. The effect of this classification in Gray was that different weights were assigned to the different votes depending upon the identity of the person who cast them. The effect in the Re apportionment Decisions was that the per capita legislative representation of voters throughout the state varied with the place of residence of the voters being represented. * * *

“Despite these distinctions, however, it seems clear that a requirement for a three-fifths majority places those individual voters favoring the measure in an unfavorable position as compared to those who are opposed to it. And this unfavorable [135]*135position is not totally unlikely [Jtc] the position of those individual voters in the disfavored counties in the statewide elections in Gray.”

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Adams v. Fort Madison Community School District
182 N.W.2d 132 (Supreme Court of Iowa, 1970)

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182 N.W.2d 132, 1970 Iowa Sup. LEXIS 926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-fort-madison-community-school-district-iowa-1970.