Legislature v. Reinecke

[167]

Opinion

THE COURT.

In these cases we retained jurisdiction to draft new legislative and congressional reapportionment plans for the elections of 1974 through 1980 in the event that the Legislature did not enact valid reapportionment statutes in 1972.

(Legislature

v.

Reinecke

(1972) 6 Cal.3d 595, 604 [99 Cal.Rptr. 481, 492 P.2d 385] as modified (1972) 7 Cal.3d 92, 93 [101 Cal.Rptr. 552, 496 P.2d 464].) Since the Legislature did not enact such statutes in 1972 and since we lack any assurance that the Legislature will enact reapportionment measures in time for the 1974 elections, it is now incumbent upon us to exercise our retained jurisdiction.

In our opinion we pointed out that reapportionment “is an extremely complex matter, for innumerable plans could be adopted that would satisfy the one man, one vote requirement. Before this court, in the discharge of its duty to insure the electorate equal protection of the laws, undertakes to draft reapportionment plans of its own, it should afford all interested parties an opportunity to be heard. The court should be fully informed with respect to all of the possible criteria that might be adopted for reapportionment and with respect to all of the specific implementations of such criteria that might be ordered into effect.” (6 Cal.3d at pp. 601-602.)

In accordance with the foregoing views we deem it appropriate to appoint three Special Masters and shall do so as soon as they have been selected.

The Masters shall hold public hearings to permit the presentation of evidence and argument with respect to the possible criteria of reapportionment and of proposed plans to carry out such criteria.

Following such hearings the Masters shall recommend to the court for possible adoption reapportionment plans which shall provide for 43 single member congressional districts, 40 single member Senate districts, and 80 single member Assembly districts. The Masters shall set forth the criteria underlying the plans they recommend for adoption and the reasons for their recommendations.