In re 1983 Legislative Apportionment of House, Senate, and Congressional Districts

469 A.2d 819, 1983 Me. LEXIS 855
CourtSupreme Judicial Court of Maine
DecidedDecember 9, 1983
StatusPublished
Cited by9 cases

This text of 469 A.2d 819 (In re 1983 Legislative Apportionment of House, Senate, and Congressional Districts) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re 1983 Legislative Apportionment of House, Senate, and Congressional Districts, 469 A.2d 819, 1983 Me. LEXIS 855 (Me. 1983).

Opinion

[822]*822OPINION AND ORDER

This original proceeding brought directly before the Supreme Judicial Court challenges the constitutionality of the plans enacted by the 1983 Legislature for the apportionment of election districts for the Maine House of Representatives and the Maine Senate.1 Pursuant to Me. Const, art. IV, pt. 1, § 3; art. IV, pt. 2, § 2, the Supreme Judicial Court is asked to declare that the legislatively enacted districting, chapter 93 of the Public Laws of 1983,2 is unconstitutional and then to make the necessary apportionment. On the basis of the evidence presented to the court and of the legal principles here applicable, we find that chapter 93 complies with both the state and federal constitutions.

By a petition filed July 29, 1983, a group of citizens identifying itself as Citizens for Constitutional Apportionment sought to invoke the original jurisdiction of the Supreme Judicial Court to challenge the validity of the apportionment law under the state and federal constitutions. On August 19, 1983, an amended petition was filed by Citizens for Constitutional Apportionment, identifying several of its members and naming an individual citizen, Walter E. Birt, as a petitioner. The Department of the Attorney General filed an initial response on August 5, 1983, and on August 29, 1983, filed an answer to petitioners’ amended petition. Two members of the House of Representatives, Darryl N. Brown and Harriet Lewis Robinson, subsequently intervened as petitioners, making further challenges to the apportionment plans enacted for the House of Representatives. The Maine Democratic State Committee and its chairman, Barry J. Hobbins, and Representative Edward C. Kelleher intervened as respondents.3 By agreement of the parties, the matter was submitted to us on a record consisting solely of affidavits, maps, and other written materials. After receiving extensive briefs from all parties, the Supreme Judicial Court, sitting en banc on October 17, 1983, heard oral argument on issues of both fact and law.

The provisions of the constitution that currently govern the reapportionment process were adopted in 1975 4 after unsuccessful efforts by the Legislature to reapportion the Maine House of Representatives and Senate. In each instance, this court was called upon to make the apportionment. See In re Apportionment of House of Representatives, 315 A.2d 211, amended, 316 A.2d 508 (Me.1974); Opinion of the Justices, 307 A.2d 198 (Me.1973); In re Apportionment of Senate, 287 A.2d 421 (Me.1972); Opinion of the Justices, 283 A.2d 234 (Me.1971). The 1975 amendment provided for creation of a bipartisan commission to advise the Legislature on reapportionment, and also provided new substantive standards to guide the commission and the Legislature in formulating apportionment plans. Me. Const, art. IV, pt. 1, §§ 2, 3; art. IV, pt. 2, § 2; art. IV, pt. 3, § 1-A. Under the present constitutional scheme, the Legislature that convenes in 1983 and every tenth year thereafter is required, within three days of convening, to establish a bipartisan apportionment commission in accordance with the standards set forth in Me. Const, art. IV, pt. 3, § 1-A.5 The [823]*823constitution requires the commission to submit plans to the Legislature for the apportionment of the House of Representatives and the Senate within 90 days of the Legislature’s convening. Me. Const, art. IV, pt. 1, § 3; art. IV, pt. 2, § 2.6 The Legislature has thirty days to enact either the plan submitted by the commission or a plan of [824]*824its own. If a plan is enacted, the Supreme Judicial Court has original jurisdiction “to hear any challenge” to the apportionment law “as registered by any citizen or group thereof.” Id. If the Legislature fails to enact a plan within the constitutional time limit, or if a challenge to an enacted plan is sustained, this court must make the apportionment.

In accordance with these provisions, the Maine Apportionment Commission was established in December, 1982. After holding public hearings, the commission submitted reapportionment plans for the Maine House of Representatives, the Maine Senate, and the United States Congress on March 1, 1983, before the constitutional deadline. Within a week of the submission of the plans, an error was discovered in the apportionment of the districts for the Maine House of Representatives. On March 7, 1983, a revised plan was submitted to the Legislature by the chairman of the commission. Plans substantially similar to those submitted by the commission were enacted by the Legislature as P.L.1983, ch. 93, on March 30, 1983, and signed into law by the Governor on March 31.

Petitioners base their challenge to chapter 93 both on the alleged failure of the Legislature and the commission to comply with certain procedural requirements that petitioners claim are imposed by the state constitution and on the alleged failure of the law itself to comply with the substantive criteria imposed by the state and federal constitutions. Petitioners’ original and amended petitions contained three counts asserting that: (1) the apportionment law is unconstitutional under Me. Const, art. IV, pt. 3, § 1-A because it enacts apportionment plans produced by a commission in which the Democratic members received substantially more funding than was provided to the Republican members; (2) the apportionment law is unconstitutional because the House apportionment plan originally filed by the commission within the constitutional deadline contained a substantial error and the corrected plan was filed by the commission after the constitutional deadline and without the benefit of a public hearing, in violation of Me. Const, art. IV, pt. 1, § 3; art. IV, pt. 2, § 2; art. IV, pt. 3, § 1-A; and (3) the enacted apportionment plans for the House and Senate are unconstitutional because they fail to adhere to the substantive standards imposed by the fourteenth amendment to the United States Constitution and by Me. Const, art. IV, pt. 1, § 2; art. IV, pt. 2, § 2.7

I. Standing

Before discussing the merits of each of these claims, we must address the con[825]*825tention, raised by respondents other than the Department of the Attorney General, that petitioners lack standing to bring the instant action. We disagree. The drafters of the 1975 constitutional amendment painted with a broad brush in providing that “[t]he Supreme Judicial Court shall have original jurisdiction to hear any challenge to an apportionment law enacted by the Legislature, as registered by any citizen or group thereof.” Me. Const, art. IV, pt. 1, § 3, art. IV, pt. 2, § 2 (emphasis added). We read the constitutional language as sufficient, without more, to give any citizen standing to challenge an apportionment law enacted by the Legislature. The reapportionment process entails the right of every citizen to be governed by a Legislature that is duly elected by the people.

A challenge to the House or Senate reapportionment plan implicates the integrity of future elections of the entire body.

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Cite This Page — Counsel Stack

Bluebook (online)
469 A.2d 819, 1983 Me. LEXIS 855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-1983-legislative-apportionment-of-house-senate-and-congressional-me-1983.