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eBook details

• Title: Legislature V. Reinecke
• Author : Supreme Court Of California
• Release Date : January 18, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

In these mandate proceedings we are called upon to resolve the impasse created by the failure to date of the Legislature to pass legislative and congressional reapportionment bills acceptable to the Governor in time for the upcoming 1972 primary and general elections. For the reasons hereafter stated we have concluded that there is now no practical alternative available to us but to order into effect readily available temporary apportionment plans for the 1972 elections. As we have repeatedly emphasized in the past, however, reapportionment is primarily a matter for the legislative branch of the government to resolve. (Silver v. Brown (1965) 63 Cal. 2d 270, 280 [46 Cal. Rptr. 308, 405 P.2d 132]; Silver v. Brown (1965) 63 Cal. 2d 316, 318 [46 Cal. Rptr. 531, 405 P.2d 571]; Silver v. Reagan (1967) 67 Cal. 2d 452, 458 [62 Cal. Rptr. 424, 432 P.2d 26].) Accordingly, we urge the Legislature and the Governor,   in the exercise of their shared legislative power to enact laws (see Lukens v. Nye (1909) 156 Cal. 498, 501, 505 [105 P. 593]), to enact reapportionment measures in time for the 1972 elections, and thus to render unnecessary the use of our temporary plans. In this respect we note that the date of the June primary, at least insofar as it relates to the nominations of candidates for seats in the Legislature and the Congress, could be postponed by statute to allow substantial additional time for the orderly conduct of such primary nominating election. Since, however, the legislative impasse may continue indefinitely, and since "it is our duty to insure the electorate equal protection of the laws" (Silver v. Brown, supra, 63 Cal. 2d 270, 282), we deem it essential to state that we shall proceed well in advance of the 1974 elections to draft our own reapportionment plans based on the 1970 census unless, by the end of its regular session, the Legislature has enacted valid statutes reapportioning the legislative and congressional districts.

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