Noun v. Turner

196 N.W.2d 209, 1972 Iowa Sup. LEXIS 994
Supreme Court of Iowa·Decided March 31, 1972·No. Nos. 55021-55023·Published·Cited by 2 cases

Opinion

Supplemental Opinion.

PER CURIAM:

Our prior opinion in this case1 sets forth the nature, issues and background of the subject litigation, thus obviating the need for any extended discussion thereof in this supplement. We there concluded, Laws of the First Session, Sixty-Fourth General Assembly, Chapter 95 (H.F. 732), providing for reapportionment of both houses of the General Assembly of this state, resulted in an impairment of the right to vote in conflict with the Constitution of the State of Iowa and the Federal Constitution. We therefore held said Act invalid and retained jurisdiction to evolve and implement a constitutional plan of legislative reapportionment.2

[210] In an effort to secure all possible assistance in formulating such a plan we invited constructive suggestions from all parties hereto and the general electorate. Thereafter several divergent proposals were received. Each has been carefully considered and evaluated in the course of our deliberations.

Invaluable assistance has also been accorded us by the legislative service bureau and the University of Iowa College of Engineering and computer services.

In formulating the reapportionment plans herein adopted we have been guided by the specific constitutional provisions of this state and general dictates of the Federal Constitution. Furthermore these reapportionment plans have been structured in accord with the most recent official 1970 corrected census enumeration data by which the established total population of this state is 2,825,368.

Our primary concern has been to provide for substantial voting equality of population in every legislative district. At the same time we have endeavored to create compact districts of contiguous territory insofar as these goals could be realized in light of the widely varying population distribution of this state. As a result of our efforts to attain such population equality in all senate and house districts, the creation of some irregularly shaped districts has been unavoidable. Having objectively achieved a senatorial population deviation of 1.0005 to 1 or ½0⅛ of one percent, and a house population deviation of 1.0009 to 1 or Vnth of one percent, we hold the attached plan constitutionally valid and proper.

Accordingly, we hereby establish, (a) one hundred (100) representative districts from each of which one (1) representative shall be elected, these districts being numbered one (1) to one hundred (100) inclusive; and (b) fifty (50) senatorial districts from each of which one (1) senator shall be elected as hereafter provided, these districts being numbered one (1) to fifty (50) inclusive.

It is now ordered that the attached Appendix A shall be the apportionment plan for the House of Representatives of the General Assembly of the State of Iowa for the forthcoming 1972 primary and general elections and subsequent elections as is hereinafter ordered.

Also, in accord with our prior opinion the Chief Justice of this court, upon the filing of this supplemental opinion, shall publicly determine by lot those to be elected in 1972 as members of the Senate for four-year terms and those to be initially elected for two-year terms. Thereafter all candidates for senatorial office shall stand for election for the constitutional four-year terms. Subject thereto it is hereby ordered that the attached Appendix B shall be the apportionment plan for the Senate of the General Assembly of the State of Iowa for the forthcoming 1972 primary and general elections, and subsequent elections as is hereinafter ordered.

For illustrative purposes only, regarding Appendices A and B, see Exhibits 1 through 23 inclusive, consisting of maps and other relevant material on file in the office of the clerk of this court.3

It is further ordered that the legislative apportionment plans set forth in Appendices A and B shall be and remain in full force and effect to and until, immediately following the next United States Decennial Census, a constitutionally adequate superseding state senatorial and representative district-ing plan shall have been adopted in accord with Article III, sections 6, 34, 35 and 36 of the Constitution of Iowa as amended November 5, 1968, and any then existing valid amendments thereto, and the Federal Constitution.

[211] The court hereby retains jurisdiction to at any time hereafter make and effect any corrections or revisions deemed necessary, proper or appropriate in the aforesaid Appendices A and B.

All Justices concur.

APPENDIX A

The state of Iowa is hereby divided into one hundred representative districts, as follows :

1. The first representative district shall consist of:

a. In Lyon county, Sioux, Larchwood, Allison, Riverside, Midland, Centennial, Logan, Cleveland, Rock, Liberal, Lyon, Rich-land, Doon, Garfield and Wheeler townships.

b. In Sioux county:-

(1) Settlers, Sioux, Rock, Lincoln, Sheridan, Garfield, Plato, Welcome, Capel, Eagle, Center, West Branch, Floyd and Sherman townships.

(2) That portion of Buncombe township lying outside the corporate limits of the city of Hawarden.

(3) That portion of Holland township lying outside the corporate limits of the city of Orange City.

2. The second representative district shall consist of:

a. In Plymouth county, Portland, Preston, Grant, Elgin, Fredonia, Meadow, West-field, Johnson, Washington, America, Marion, Sioux, Liberty, Plymouth, Stanton and Union townships.

b. In Sioux county:

(1) Logan, Washington, Reading, Nassau and East Orange townships.

(2) That portion of the city of Orange City lying within Holland township.

(3) That portion of the city of Hawar-den lying within Buncombe township.

3. The third representative district shall consist of:

a. In Clay county:

(1) Waterford and Riverton townships.

(2) That portion of Summit township lying outside the corporate limits of the town of Fostoria.

b. In Dickinson county:

(1) Silver Lake, Diamond Lake, Excelsior, Lakeville, Westport and Okoboji townships.

(2) That portion of Lakeville township lying outside the corporate limits of the town of Okoboji.-

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Noun v. Turner, 196 N.W.2d 209, 1972 Iowa Sup. LEXIS 994 (iowa 1972).

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Related

State v. Lanscak
404 N.W.2d 192 (Court of Appeals of Iowa, 1987)
In Re Legislative Districting of General Assembly
196 N.W.2d 209 (Supreme Court of Iowa, 1972)