Montgomery County Council v. Garrott

222 A.2d 164, 243 Md. 634
CourtCourt of Appeals of Maryland
DecidedAugust 23, 1966
Docket[No. 227, September Term, 1966 (Adv.).]
StatusPublished
Cited by32 cases

This text of 222 A.2d 164 (Montgomery County Council v. Garrott) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Montgomery County Council v. Garrott, 222 A.2d 164, 243 Md. 634 (Md. 1966).

Opinions

Hammond, J.,

delivered the opinion of the Court in which Barnes, J., concurs. Concurring opinion at p. 650, infra.

On July 1, 1966, the day of the advanced argument in this case, we filed a per curiam order affirming those parts of the decree of the Circuit Court for Montgomery County which had adjudged and ordered (1) that a resolution of the Montgomery County Council of June 14, 1966 (the resolution), which purported to amend the charter of the County (the Charter) to provide that the voters of each of seven councilmanic districts containing approximately an equal number of residents (established by the resolution) should elect one councilman to represent that district, was invalid and void; (2) that Art. I, § 1, of the Montgomery County Charter (“There shall be a County Council * * * of seven members as follows: One from each of the five * * * [council] districts * * * and two from the County at large” to be “nominated and elected by the qualified voters of the County * * *”) was invalid (under the decisions of the Supreme Court establishing the principle that representative government requires equal representation for equal numbers of people, or the “one man, one vote” principle) because the Council districts had become so grossly disparate in population; (3) that the Montgomery County Council “rearrange and create councilmanic residence districts in accordance with the one-man, one-vote principle * * * and * * * submit the same to the registered voters of the County in the November, 1966 General Election all as provided in Sections 2-4 of the Montgomery County Code”; and (4) retained jurisdiction until “equitable apportionment is accomplished.” We reversed that part of the decree of the Circuit Court requiring that the primary and general elections of 1966 be held “in accordance with the councilmanic residence district requirements of Article I, Section 1 of the Montgomery County Charter as heretofore in full force and effect and in accordance with the finding of this Court that County Council members shall be elected by all the voters of this County,” and substituted our order that the primary and general elections of 1966 be held “so that [639]*639the members of the County Council of Montgomery County shall be nominated and elected at large without residence district requirements and * * * by the voters of Montgomery County as a whole.”

Before spelling out the reasons for our actions, it is appropriate to notice the bases supporting judicial involvement in this normally political matter and the course of that involvement.

There remains little doubt that the one man, one vote principle, so fully articulated in Reynolds v. Sims, 377 U. S. 533, 12 L. Ed. 2d 506, is now applicable to political subdivisions of a state. A number of courts have so held. See, e.g., Bianchi v. Griffing, 238 F. Supp. 997, 1002 (E. D. N. Y. 1965), and cases cited, appeal dismissed, Griffing v. Bianchi, 382 U. S. 15, 15 L. Ed. 2d 11; Ellis v. Mayor and City Council of Baltimore, 234 F. Supp. 945 (D. Md. 1964), aff'd, 352 F. 2d 123. See also Weinstein, The Effect of the Federal Reapportionment Decisions on Counties and Other Forms of Municipal Government, 65 Colum. L. Rev. 21 (1965); Reapportionment, 79 Harv. L. Rev. 1228, 1269-72 (1966).

It was conceded below and in this Court that the requirements of Art. I, § 1, of the Charter of Montgomery County that each of five councilmen must come from the district of his residence, although elected by all the voters of the County, was presently unconstitutional because of the extreme variance in the population of the several districts.* 1

That a requirement of residence by a legislative representative in a district malapportioned as to population is unconsti[640]*640tutional, even though election be by all the voters of the political subdivision of which the district is a part, was foreshadowed by Fortson v. Dorsey, 379 U. S. 433, 13 L. Ed. 2d 401, which approved an apportionment in Georgia of fifty-four senatorial seats among fifty-four senatorial districts, thirty-three made up of from one to eight counties and twenty-one allotted in groups of from two to seven among the seven most populous counties, the election in such cases being on a county-wide basis, on the premise that the districts were equal in population. In Davis v. Dusch, 361 F. 2d 495, the Court of Appeals for the Fourth Circuit, speaking through Judge Bryan, upset a proposed apportionment plan for the City of Virginia Beach. The plan provided for eleven councilmen, all to be elected by the voters of the entire city. One of seven members was allotted to one of seven boroughs, of which he must be a resident. The remaining four members could reside anywhere within the corporate limits. The proposed boroughs ranged in population from 733 people to 29,048 people. The Court held that despite the provision that all councilmen were to be elected by the vote of all the voters of the city:

“full compliance with the 14th Amendment’s Equal Protection Clause * * * is still wanting. The principle of one-person-one-vote extends also to the level of representation, and exacts approximately equal representation of the people * * *. But that is not achieved in the 7-4 plan; the imbalance in representation in the council is obvious. * * * ‘It is the distribution of * * * [members] rather than the method of distributing * * * [them] that must satisfy the demands of the Equal Protection Clause.’ Burns v. Richardson, [348 U. S. 73, 16 L. Ed. 2d 376] * *

On June 3, 1966, a bill for declaratory and injunctive relief was filed in the Circuit Court for Montgomery County by one Zelenka against the Board of Supervisors of Election seeking (a) to have at large elections for council members declared invalid, and (b) revision of councilmanic districts to coincide with the legislative districts created by Ch. 531 of the Laws of 1966. On June 14 the Montgomery County Committee for Fair [641]*641Representation and five residents of the County intervened in the Zelenka suit and filed pleadings which sought to dismiss Zelenka’s bill and to have at large elections declared mandatory.

On the same day, June 14, the County Council, spurred on by the suits and by the decision in Davis v. Dusch, supra, sought to amend the Charter by passing the resolution which purported to rearrange the councilmanic districts to make them about equal population-wise and, in the process, to provide that the resident member from each district should be elected by the voters of that district.

On June 15 two candidates for the Council filed a bill for declaratory relief in which they alleged the passage of the resolution and that they had been advised by the Supervisors of Election that those officials intended to conduct both the primary and general elections in accordance with the resolution and that the resolution is invalid under the Constitution and laws of Maryland and the Charter of Montgomery County, and prayed for a decree (a) declaring the resolution to be illegal and void, and (b) enjoining the supervisors from conducting an election under the resolution. The Circuit Court heard the cases together and issued its decree, referred to in the beginning of this opinion and now under review, applicable to both cases.

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Montgomery County Council v. Garrott
222 A.2d 164 (Court of Appeals of Maryland, 1966)

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Bluebook (online)
222 A.2d 164, 243 Md. 634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montgomery-county-council-v-garrott-md-1966.