Henderson v. Superior Court of Marin County

THE COURT.

Petitioners, qualified electors of the First and Second Supervisorial Districts of Marin County, acting on behalf of all such electors, seek by this proceeding in mandate to compel the board of supervisors, the real party in interest, to reapportion the supervisorial districts of Marin County to make them substantially equal in population.

Petitioners allege that the supervisorial districts are so disproportionate in populations as to contravene the legislative direction contained in section 25001 of the Government Code,

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and to deny to them and others similarly situated constitutional protections accorded by the Fourteenth Amendment to the federal Constitution. They further al

[884]

lege that the board has arbitrarily refused to reapportion in accordance with section 25001 as directed by this court in

Griffin v. Board of Supervisors,

60 Cal.2d 318 [33 Cal.Rptr. 101, 384 P.2d 421], and

Griffin

v.

Board of Supervisors,

60 Cal.2d 751 [36 Cal.Rptr. 616, 388 P.2d 888],

The board, while not conceding the denial of statutory or constitutional rights, nevertheless has represented that it has acted and will continue to act in good faith to take necessary reapportioning action to conform to statutory and constitutional mandates. It pleads, however, that the immineney of pending elections makes it impracticable, if not impossible, to redistrict the county and prepare for such elections within the time now available.

We take note that the primary election in Marin County, and elsewhere throughout the state, will be held on June 2, 1964 (Elec. Code, § 26) and that a declaration of candidacy for the office of supervisor of a specified district cannot be made after March 20, 1964. (Elec. Code, § 6511.) We are aware of the immense task involved and of the many collateral rights which may be prejudiced should redistricting take place before the primary election, or between the primary and general election on November 2, 1964. (Elec. Code, § 23.) For such reasons, and for such reasons alone, we are persuaded to the conclusion that justice will best be served if we refrain from making an adjudication at this time.