Daggett v. Kimmelman ( 1984 )


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  • 580 F. Supp. 1259 (1984)

    George T. DAGGETT, Plaintiff,
    v.
    Irwin I. KIMMELMAN, etc., et al., Defendants,
    and
    Edwin B. FORSYTHE, et al., Plaintiffs,
    v.
    Thomas H. KEAN, etc., et al., Defendants,
    James J. Florio, et al., Intervenors.

    Civ. A. Nos. 82-297, 82-388.

    United States District Court, D. New Jersey.

    February 17, 1984.
    As Amended March 5, 1984.

    *1260 George T. Daggett, pro se.

    Hellring, Lindeman, Goldstein & Siegal by Bernard Hellring, Jonathan L. Goldstein, John Sheridan, Robert S. Raymar, Stephen L. Dreyfuss, Newark, N.J., for plaintiffs in No. 82-388.

    Michael R. Cole, Michael R. Clancy, William Harla, Deputy Attys. Gen., Trenton, N.J., for defendants.

    Greenstone & Sokol by Leon J. Sokol, Hackensack, N.J., for defendant-intervenor Orechio.

    Marinari & Farkas, P.C. by Lawrence T. Marinari, Kenneth J. Guido, Jr., Trenton, N.J., for defendant-intervenor Karcher.

    Sills, Beck, Cummis, Zuckerman, Radin & Tischman by Clive S. Cummis, Charles J. Walsh, Jerald D. Baranoff, Angelo J. Genova, Newark, N.J., for defendant-intervenors Florio, et al.

    Joseph F. Shanahan, Lambertville, N.J., and Ralph Fucetola, III, North Arlington, N.J., for proposed plaintiff-intervenors Magee, et al.

    Frank Askin, Newark, N.J., proposed defendant-intervenor pro se.

    Before GIBBONS, Circuit Judge, FISHER, Chief Judge, and BROTMAN, District Judge.

    OPINION

    GIBBONS, Circuit Judge:

    These consolidated cases are before us on remand from the Supreme Court, which on June 22, 1983 affirmed this court's holding that P.L.1982, c. 1 (codified at N.J.Stat. Ann. § 19:46-5 (West Supp.1983-84) (hereinafter Feldman Plan)), creating districts for the election of Members of the House of Representatives from New Jersey, is unconstitutional, and enjoining the defendant state officers from conducting primary or general congressional elections under its terms.[1] This court's prior order fixed March 22, 1982 as the date for enactment by New Jersey of a new constitutional congressional redistricting plan, and provided that if no such plan was enacted by that date the court would convene to undertake further proceedings. Because the Supreme Court, on March 15, 1982, issued a stay of this court's injunction,[2] the 1982 congressional election took place under the Feldman Plan. The Supreme Court's affirmance of this court's order, however, restored the injunction. On December 19, 1983, this court fixed February 3, 1984 as the date by which New Jersey could enact a constitutional congressional redistricting plan, and February 7, 1984 as the date of a hearing on further proceedings if no such plan was enacted.

    *1261 On January 5, 1984 the New Jersey Legislature adopted Senate Bill 3564, but that bill was vetoed by Governor Thomas H. Kean, and had insufficient support for reenactment over his veto. Since no legislation was adopted in the time permitted by this court's December 19, 1983 order, we convened on February 7, 1984 and held a hearing on further relief.

    At that hearing six separate redistricting proposals were advanced by various parties. No party urged that the next New Jersey congressional election be held on an at-large basis without districts. Instead, the parties unanimously urged that the court select the plan, among those admitted in evidence, which satisfied the constitutional standards for congressional districts, while most nearly satisfying non-constitutional criteria for fair districting. Thus the parties urged that the court should adopt a remedy similar to that adopted, following the 1970 decennial census, in David v. Cahill, 342 F. Supp. 463 (D.N.J.1972). We note in passing that although the decree in David v. Cahill did not so require, the redistricting plan which it adopted was utilized for New Jersey congressional elections until the 1980 decennial census rendered it obsolete.

    The population of New Jersey in the 1980 decennial census, as most recently corrected by the Bureau of Census, is 7,365,011. New Jersey is entitled to representation in the House of Representatives by fourteen Representatives; one less than under the 1970 decennial census. Thus the ideal congressional district would have a population of 526,072.

    Article I, § 2, as interpreted by the Supreme Court, permits only such limited population variances from the standard of equal district population as "are unavoidable despite a good-faith effort to achieve absolute equality, or for which justification is shown." Karcher v. Daggett, ___ U.S. at ___, 103 S.Ct. at 2658 (quoting Kirkpatrick v. Preisler, 394 U.S. 526, 531, 89 S. Ct. 1225, 1229, 22 L. Ed. 2d 519 (1969)). Moreover, a good-faith effort to achieve absolute equality is not established by producing a redistricting plan with a maximum population deviation "smaller than the predictable undercount in available census data." Karcher v. Daggett, ___ U.S. at ___, 103 S.Ct. at 2658, 2662. Daggett v. Kimmelman, 535 F.Supp. at 983, 985 (Gibbons, J., dissenting). Once it has been established that a redistricting plan "was not the product of a good-faith effort to achieve population equality," the burden shifts "to the State to prove that the population deviations in its plan were necessary to achieve some legitimate state objective." Karcher v. Daggett, ___ U.S. at ___, 103 S.Ct. at 2663. Among the policies which may justify some variance are "making districts compact, respecting municipal boundaries, preserving the cores of prior districts, and avoiding contests between incumbent Representatives." Id. In the prior decision of this court we found that the State had failed to carry its burden of justification with respect to the Feldman Plan, and the Supreme Court affirmed that finding as not clearly erroneous. Id. at ___, 103 S.Ct. at 2665. Finally, the opinion of the court in Karcher v. Daggett, while declining to rely, as a constitutional violation, on the obviously partisan purposes behind the Feldman Plan, recognizes that "[a] federal principle of population equality does not prevent any State from taking steps to inhibit gerry-mandering, so long as a good-faith effort is made to achieve population equality as well." Id. at ___ n. 6, 103 S. Ct. at 2660 n. 6 (emphasis supplied).

    While Karcher v. Daggett considers what interests may be taken into account by state legislatures in justifying deviations from the ideal of district population equality based on the decennial census, it also provides useful instruction to district courts faced, as we are, with selecting a districting plan because of a failure in the legislative process. We may take into account at least those factors which the Court has recognized as legitimate, namely: making districts compact, preserving municipal boundaries, preserving cores of prior districts, avoiding contests between incumbents, *1262 and inhibiting gerrymandering. With those factors in mind we turn to the several plans which have been proposed.

    A. The Haverly Plan

    Taxpayers Political Action Committee, an intervenor, proposed Exhibit IM-1(a), a plan, and exhibit IM-1(b), a district map, produced at its request by C.A. Haverly, an expert in applied mathematics and computer science. Haverly's plan, according to his report, was designed with the objective of keeping the maximum population deviation of any district at less than +/- 1%, preserving municipal boundaries, maximizing compactness and contiguity, avoiding county fragmentation, and preserving population stability from old to new districts. The Haverly plan, while reasonably attractive in other respects, proposes a population variation between the largest and smallest districts of 1.82%. An alternative version proposes a population variation of .85%. This variation between the largest and smallest districts is larger than any which would occur in the plans proposed by other parties. Since we must make a good-faith effort to maximize population equality, we decline to adopt Exhibit IM-1(a) as a remedy.

    B. Senate Bill 3564

    The Democratic Congressmen, intervenors, urge that the court adopt as a remedy the plan embodied in Senate Bill 3564 which passed the New Jersey Legislature, but was vetoed by Governor Kean. That plan, Exhibit IF-2(c), is reflected in the map, Exhibit D-6. A comparison of Exhibit D-6 with the map of the New Jersey congressional districts resulting from the Feldman Plan reveals that the districts are virtually identical. Some slight changes have been made, by moving municipalities among districts, so as to achieve a low district population of 526,020, and a high of 526,087, or a maximum variation of 67 persons and an absolute mean deviation of 11.50 persons. This plan produces a relative overall range of .01273%, and a relative mean deviation of .00218%.

    We need not consider how Exhibit IF-2(c) would have fared had it been validly enacted by the State of New Jersey. Compare Karcher v. Daggett, ___ U.S. at ___, 103 S.Ct. at 2667-78 (Stevens, J., concurring) with id. ___ U.S. at ___, 103 S.Ct. at 2687-90 (Powell, J., dissenting). Senate Bill 3564 is proposed to us as a remedy. As such it does not meet the criteria which we consider relevant to the exercise of our discretion in devising a remedy. First, it does not achieve as small an overall or mean deviation as other plans which are in evidence. While it does succeed in preserving municipal boundaries, the population variances it would maintain are not maintained for that purpose, but rather for the purpose of preserving, as nearly as possible, the districts erected in the Feldman Plan. While Exhibit IF-2(c) preserves the cores of the districts established in the Feldman Plan, those districts are unconstitutional. The plan in Exhibit IF-2(c) has little if any relationship to the cores of districts established under David v. Cahill, and even less relationship to the cores of the last valid New Jersey congressional reapportionment enactment. Exhibit IF-2(c) avoids contests between incumbents. These contests are avoided, however, only because some incumbents moved in 1982 or ran outside their home district, thereby managing to win elections from unconstitutional districts. The most glaring defects in the Feldman Plan, however, are carried forward in Exhibit IF-2(c). These are an obvious absence of compactness, and an intentional gerrymander in favor of certain Democratic Representatives.

    The Democratic Congressmen intervenors urge that we must, as a matter of law, adopt Exhibit IF-2(c) as a remedy. Their legal position in this regard is predicated on certain language in White v. Weiser, 412 U.S. 783, 93 S. Ct. 2348, 37 L. Ed. 2d 335 (1973), which is said to require that result. In that case the Supreme Court held that a district court should, in choosing among remedial plans, choose the plan which most closely approximates that selected by a state legislature. Id. at 795, 93 S. Ct. at 2354. The policy dispute in White v. Weiser *1263 among the competing plans was over the district court's rejection of a state policy of avoiding contests among incumbents. The Feldman Plan did not implement such a policy; quite the opposite. It was designed to produce contests among certain Republican incumbents. Moreover, White v. Weiser teaches that "the District Court should defer to state policy in fashioning relief only where that policy is consistent with constitutional norms and is not itself vulnerable to legal challenge." 412 U.S. at 797, 93 S.Ct. at 2355. The State policy embodied in the Feldman Plan was to deviate from the norm of population equality for the patently discernible purpose of partisan advantage. That policy was not merely vulnerable to legal challenge; the challenge succeeded. We owe no deference to an unconstitutional state statute.

    The proponents of the plan in Exhibit IF-2(c) urge that in fact the Feldman Plan was not a partisan gerrymander, but only a neutral effort by the legislature and the former Governor to provide for congressional representation roughly equivalent to the voting strength of the Democratic and Republican parties in the state. In support of that contention, they have produced computer generated analyses of the results, in each of the districts proposed in Exhibit IF-2(c), of several statewide elections. The inference they would have us draw from these analyses is that the districts established by the Feldman Plan were in fact non-partisan.

    For several reasons we decline the invitation to endorse as a remedy the basic districts set forth in the Feldman Plan. First, the present effort to justify those districts as non-partisan is a thinly veiled effort to relitigate the liability stage of this lawsuit after an affirmance by the Supreme Court of the holding that the Feldman Plan is unconstitutional. We have grave doubt whether, consistent with the Supreme Court's judgment, this court is free to permit such relitigation. Assuming we were free to consider the evidence of hypothetical results, in each district, of elections other than those for Congress, we would not find that evidence of any real relevance. While it is true that congressional elections are frequently affected by the same issues that influence the outcome of presidential and senatorial contests, the patent reality is that they are strongly influenced by the more direct relationship of a Representative with the voters in his own district. Thus the fact that a district may have voted in favor of a senatorial or presidential candidate of one party is hardly a strong predictor of the outcome of a congressional race. The case of a gubernatorial election, which may turn on statewide rather than national or district issues, is even less relevant.

    A final contention advanced in favor of Exhibit IF-2(c) is that in the election held under the Feldman Plan all Republican incumbents save one survived the election. With the benefit of such hindsight we are asked to adhere as closely as possible to the districts established in the 1982 legislation. The Supreme Court, however, had the benefit of the same hindsight when, on June 22, 1983, it decided Karcher v. Daggett. The Court undoubtedly was as aware as we are of the unique set of circumstances surrounding that election, such as Representative Fenwick's race for the Senate, which permitted Congressman Courter to run unopposed in the district to which he moved, and Congressman Rinaldo's decision to run outside his home district, which produced results unexpected by those responsible for enacting the Feldman Plan. That statute's unconstitutionality cannot be disregarded merely because its intended partisan results were not fully realized.

    Thus we conclude that Exhibit IF-2(c), embodying the provisions of Senate Bill 3564, is not an appropriate remedy for the unconstitutionality of the Feldman Plan. For the same reasons, we conclude that a modification of that plan, which would shift one census block from the proposed eleventh to the proposed tenth district, thereby reducing the variation from 67 to 42 persons, is also an inappropriate remedy.

    C. The Hagedorn and Zimmer Plans

    The executive branch defendants propose for our consideration two redistricting *1264 plans which were introduced, but not enacted, in the New Jersey Legislature. The first, introduced by Senator Hagedorn as Senate Bill 1111, is reflected in the district map Exhibit D7. The second, introduced by Assemblyman Zimmer, as Assembly Bill 839, is reflected in the district map Exhibit D9. The Hagedorn map produces a high population district of 526,115 and a low population district of 526,055, or a maximum variation of 60 persons, and an absolute mean deviation of 11.50 persons. The relative overall range is .01140% and the relative mean deviation is .00218%. The Zimmer map produces a district with a high population of 526,087 and a district with a low population of 526,020, or a maximum variation of 67 persons, and an absolute mean deviation of 10.92 persons. The Zimmer plan's relative overall range is .01273% and its relative mean deviation is .00207%. A comparison of these deviation figures with those that would result from the adoption of Senate Bill 3564 shows that the numerical differences are so slight as to be irrelevant.

    Since neither the Hagedorn nor the Zimmer plans were enacted, the executive branch defendants do not suggest that they come clothed with any mantle of state policy. The districts reflected in Exhibits D7 and D9 are considerably more compact than those in the Feldman Plan, and thus also more compact than those in Senate Bill 3564. Neither splits municipal boundaries, and neither places incumbent representatives in the same district. If the choice were between Senate Bill 3564 and either the Hagedorn or the Zimmer plan, either of the latter two would in our view embody preferable remedial features. And, as between Hagedorn and Zimmer, the slightly lower absolute mean deviation in the Zimmer plan, 10.92 persons, probably would tip the scale in its favor. The Zimmer plan must, however, be compared with one remaining proposal.

    D. The Forsythe, et al. Plan

    The original plaintiffs in one of these consolidated cases, No. 82-388, were Republican candidates in the 1982 primary congressional elections. All but one of them[3] have proposed a redistricting plan. That plan is embodied in Exhibit P-1(a) and (b), and the map depicting the proposed districts is Exhibit P-1(c). The plan shown on Exhibit P-1(c) produces a high population district of 526,087 and a low population district of 526,062, or a maximum variation of only 25 persons, and an absolute mean deviation of 5.9 persons. The relative overall range is .00475% and the relative mean deviation is .00112%. Thus the plan reflected in Exhibit P-1(c) achieves the lowest population deviation of any plan which has been presented. Moreover it goes much further than the Hagedorn or Zimmer plans in achieving compact districts. Like all the plans considered, it avoids placing incumbents in the same district. Unlike any of the others, however, it achieves the extremely low population deviation in part by splitting off certain census tracts from the Essex County municipality of Belleville, and the Hudson County community of Kearny. The plan, in what it proposes as the 10th Congressional District, preserves a congressional district in which a majority of the population is black. No evidence has been offered from which we could find that it is designed to achieve partisan advantage.

    The two great advantages of the Exhibit P-1(c) plan, over any of the others, are the achievement of smaller population deviations, and the creation of more compact districts. The only disadvantage which the plan presents is the splitting of two North Jersey municipalities in order to achieve those advantages. We hold that this disadvantage is outweighed by the advantages of compactness and population near uniformity. Thus, among those in evidence, the plan which in our view most nearly fits the appropriate criteria for a *1265 court considering a congressional reapportionment plan as a remedy for an unconstitutional reapportionment statute, is that set forth in Exhibits P-1(a)(b) and (c).

    Ordered, adjudged and decreed that the primary elections and elections for Members of the House of Representatives shall be conducted, in New Jersey, until the further order of this court, or until the next decennial census, whichever is earlier, from the single member districts set forth in the Opinion filed herewith.

    1ST CONGRESSIONAL DISTRICT
    Burlington County
    Maple Shade Township                            20,525
    Palmyra Borough                                  7,085
    Riverton Borough                                 3,068
    Camden County
    Audubon Park Borough                             1,274
    Barrington Borough                               7,418
    Bellmawr Borough                                13,721
    Berlin Borough                                   5,786
    Berlin Township                                  5,348
    Brooklawn Borough                                2,133
    Camden City                                     84,910
    Chesilhurst Borough                              1,590
    Clementon Borough                                5,764
    Collingswood Borough                            15,838
    Gibbsboro Borough                                2,510
    Gloucester City                                 13,121
    Gloucester Township                             45,156
    Haddon Township                                 15,875
    Hi-Nella Borough                                 1,250
    Laurel Springs Borough                           2,249
    Lawnside Borough                                 3,042
    Lindenwold Borough                              18,196
    Magnolia Borough                                 4,881
    Mount Ephraim Borough                            4,863
    Oaklyn Borough                                   4,223
    Pennsauken Township                             33,775
    Pine Hill Borough                                8,684
    Pine Valley Borough                                 23
    Runnemede Borough                                9,461
    Somerdale Borough                                5,900
    Stratford Borough                                8,005
    Tavistock Borough                                    9
    Winslow Township                                20,034
    Woodlynne Borough                                2,578
    Gloucester County
    Clayton Borough                                  6,013
    Deptford Township                               23,473
    East Greenwich Township                          4,144
    Greenwich Township                               5,404
    Gloucester County
    Harrison Township                                3,585
    Logan Township                                   3,078
    Monroe Township                                 21,639
    National Park Borough                            3,552
    Paulsboro Borough                                6,944
    Swedesboro Borough                               2,031
    Washington Township                             27,878
    Wenonah Borough                                  2,303
    West Deptford Township                          18,002
    Westville Borough                                4,786
    Woodbury City                                   10,353
    Woodbury Heights Borough                         3,460
    Woolwich Township                                1,129
    _______
    526,069
    2ND CONGRESSIONAL DISTRICT
    Atlantic County
    All                                            194,119
    Cape May County
    All                                             82,266
    Cumberland County
    All                                            132,866
    Gloucester County
    Elk Township                                     3,187
    Franklin Township                               12,396
    Glassboro Borough                               14,574
    Mantua Township                                  9,193
    Newfield Borough                                 1,563
    Pitman Borough                                   9,744
    South Harrison Township                          1,486
    Salem County
    All                                             64,676
    _______
    526,070
    3RD CONGRESSIONAL DISTRICT
    Monmouth County
    Allenhurst Borough                                 912
    Asbury Park City                                17,015
    Atlantic Highlands Borough                       4,950
    Avon-by-the-Sea Borough                          2,337
    Belmar Borough                                   6,771
    Bradley Beach Borough                            4,772
    Deal Borough                                     1,952
    Eatontown Borough                               12,703
    Fair Haven Borough                               5,679
    Hazlet Township                                 23,013
    Highlands Borough                                5,187
    Interlaken Borough                               1,037
    

    *1266
    Monmouth County
    Keansburg Borough                               10,613
    Keyport Borough                                  7,413
    Little Silver Borough                            5,548
    Loch Arbour Village                                369
    Long Branch City                                29,819
    Manasquan Borough                                5,354
    Middletown Township                             62,574
    Monmouth Beach Borough                           3,318
    Neptune City Borough                             5,276
    Neptune Township                                28,366
    Oceanport Borough                                5,888
    Ocean Township                                  23,570
    Red Bank Borough                                12,031
    Rumson Borough                                   7,623
    Sea Bright Borough                               1,812
    Sea Girt Borough                                 2,650
    Shrewsbury Borough                               2,962
    Shrewsbury Township                                995
    Spring Lake Borough                              4,215
    Spring Lake Heights Borough                      5,424
    South Belmar Borough                             1,566
    Tinton Falls Borough                             7,740
    Union Beach Borough                              6,354
    West Long Branch Borough                         7,380
    Ocean County
    Bay Head Borough                                 1,340
    Brick Township                                  53,629
    Dover Township                                  64,455
    Island Heights Borough                           1,575
    Lakewood Township                               38,464
    Lavallette Borough                               2,072
    Mantoloking Borough                                433
    Point Pleasant Beach Borough                     5,415
    Point Pleasant Borough                          17,747
    Seaside Heights Borough                          1,802
    South Toms River Borough                         3,954
    _______
    526,074
    4TH CONGRESSIONAL DISTRICT
    Burlington County
    Bordentown City                                  4,441
    Bordentown Township                              7,170
    Burlington City                                 10,246
    Burlington Township                             11,527
    Chesterfield Township                            3,867
    Eastampton Township                              3,814
    Fieldsboro Borough                                 597
    Florence Township                                9,084
    Mansfield Township                               2,523
    Springfield Township                             2,691
    Westampton Township                              3,383
    Mercer County
    East Windsor Township                           21,041
    Ewing Township                                  34,842
    Hamilton Township                               82,801
    Hightstown Borough                               4,581
    Hopewell Borough                                 2,001
    Hopewell Township                               10,893
    Mercer County
    Lawrence Township                               19,724
    Pennington Borough                               2,109
    Trenton City                                    92,124
    Washington Township                              3,487
    Middlesex County
    Jamesburg Borough                                4,114
    Monroe Township                                 15,858
    Plainsboro Borough                               5,605
    Monmouth County
    Allentown Borough                                1,962
    Brielle Borough                                  4,068
    Colts Neck Township                              7,888
    Englishtown Borough                                976
    Farmingdale Borough                              1,348
    Freehold Borough                                10,020
    Freehold Township                               19,202
    Holmdel Township                                 8,447
    Howell Township                                 25,065
    Manalapan Township                              18,914
    Marlboro Township                               17,560
    Millstone Township                               3,926
    Roosevelt Borough                                  835
    Upper Freehold Township                          2,750
    Wall Township                                   18,952
    Ocean County
    Jackson Township                                25,644
    _______
    526,080
    5TH CONGRESSIONAL DISTRICT
    Bergen County
    Allendale Borough                                5,901
    Alpine Borough                                   1,549
    Bergenfield Borough                             25,568
    Closter Borough                                  8,164
    Cresskill Borough                                7,609
    Demarest Borough                                 4,963
    Dumont Borough                                  18,334
    Emerson Borough                                  7,793
    Glen Rock Borough                               11,497
    Harrington Park Borough                          4,532
    Haworth Borough                                  3,509
    Hillsdale Borough                               10,495
    Hohokus Borough                                  4,129
    Mahwah Township                                 12,127
    Midland Park Borough                             7,381
    Montvale Borough                                 7,318
    Northvale Borough                                5,046
    Norwood Borough                                  4,413
    Oakland Borough                                 13,443
    Old Tappan Borough                               4,168
    Oradell Borough                                  8,658
    Paramus Borough                                 26,474
    Park Ridge Borough                               8,515
    Ramsey Borough                                  12,899
    

    *1267
    Bergen County
    Ridgewood Village                               25,208
    Rivervale Township                               9,489
    Rochelle Park Township                           5,603
    Rockleigh Borough                                  192
    Saddle River Borough                             2,763
    Tenafly Borough                                 13,552
    Upper Saddle River Borough                       7,958
    Waldwick Borough                                10,802
    Washington Township                              9,550
    Westwood Borough                                10,714
    Woodcliff Lake Borough                           5,644
    Wyckoff Borough                                 15,500
    Passaic County
    Bloomingdale Borough                             7,867
    Haledon Borough                                  6,607
    Hawthorne Borough                               18,200
    North Haledon Borough                            8,177
    Ringwood Borough                                12,625
    Wanague Borough                                 10,025
    West Milford Township                           22,750
    Sussex County
    Andover Borough                                    892
    Andover Township                                 4,506
    Branchville Borough                                870
    Frankford Township                               4,654
    Franklin Borough                                 4,486
    Fredon Township                                  2,281
    Hamburg Borough                                  1,832
    Hardyston Township                               4,553
    Hopatcong Borough                               15,531
    Lafayette Township                               1,614
    Montague Township                                2,066
    Newton Town                                      7,748
    Ogdensburg Borough                               2,737
    Sandyston Township                               1,485
    Sparta Township                                 13,333
    Stanhope Borough                                 3,638
    Sussex Borough                                   2,418
    Vernon Township                                 16,302
    Walpack Township                                   150
    Wantage Township                                 7,268
    _______
    526,075
    6TH CONGRESSIONAL DISTRICT
    Middlesex County
    Carteret Borough                                20,598
    Edison Township                                 70,193
    Highland Park Borough                           13,396
    Metuchen Borough                                13,762
    New Brunswick City                              41,442
    North Brunswick Township                        22,220
    Old Bridge Township                             51,515
    Perth Amboy City                                38,951
    Sayreville Borough                              29,969
    South Amboy                                      8,322
    South River Borough                             14,361
    Woodbridge Township                             90,074
    Monmouth County
    Aberdeen Township                               17,235
    Matawan Borough                                  8,837
    Union County
    Linden City                                     37,836
    Rahway City                                     26,723
    Roselle Borough                                 20,641
    _______
    526,075
    7TH CONGRESSIONAL DISTRICT
    Essex County
    Millburn Township                               19,543
    Middlesex County
    Dunellen Borough                                 6,593
    Middlesex Borough                               13,480
    Somerset County
    Bound Brook Borough                              9,710
    Bridgewater Township                            29,175
    Green Brook Township                             4,640
    Manville Borough                                11,278
    North Plainfield Borough                        19,108
    Warren Township                                  9,805
    Watchung Borough                                 5,290
    Union County
    Berkley Heights Township                        12,549
    Clark Township                                  16,699
    Cranford Township                               24,573
    Elizabeth City                                 106,201
    Fanwood Borough                                  7,767
    Garwood Borough                                  4,752
    Kenilworth Borough                               8,221
    Mountainside Borough                             7,118
    New Providence Borough                          12,426
    Plainfield City                                 45,555
    Roselle Park Borough                            13,377
    Scotch Plains Township                          20,774
    Springfield Township                            13,955
    Summit City                                     21,071
    Union Township                                  50,184
    Westfield Town                                  30,447
    Winfield Township                                1,785
    _______
    526,076
    8TH CONGRESSIONAL DISTRICT
    Bergen County
    Franklin Lakes Borough                           8,769
    

    *1268
    Essex County
    Belleville Town (part)
    Ward # 1—District # 2                          1,146
    Ward # 1—District # 3                          1,112
    Ward # 1—District # 6                            926
    Ward # 1—District # 7                            976
    Ward # 1—District # 8                          2,453
    Ward # 1—District # 9                          1,413
    Ward # 1—District # 10                         2,547
    Ward # 1—District # 11                         2,000
    Ward # 1—District # 12                         1,349
    Ward # 2                                      16,566
    Bloomfield Town                                 47,792
    Glen Ridge Borough                               7,855
    Montclair Town                                  38,321
    Nutley Town                                     28,998
    Morris County
    Riverdale Borough                                2,530
    Passaic County
    Clifton City                                    74,388
    Little Falls Township                           11,496
    Passaic City                                    52,463
    Paterson City                                  137,970
    Pompton Lakes Borough                           10,660
    Prospect Park Borough                            5,142
    Totowa Borough                                  11,448
    Wayne Township                                  46,474
    West Paterson Borough                           11,293
    _______
    526,087
    9TH CONGRESSIONAL DISTRICT
    Bergen County
    Bogota Borough                                   8,344
    Carlstadt Borough                                6,166
    Cliffside Park Borough                          21,464
    East Rutherford Borough                          7,849
    Edgewater Borough                                4,628
    Elmwood Park Borough                            18,377
    Englewood City                                  23,701
    Englewood Cliffs Borough                         5,698
    Fair Lawn Borough                               32,229
    Fairview Borough                                10,519
    Fort Lee Borough                                32,449
    Garfield City                                   26,803
    Hackensack City                                 36,039
    Hasbrouck Heights Borough                       12,166
    Leonia Borough                                   8,027
    Little Ferry Borough                             9,399
    Lodi Borough                                    23,956
    Lyndhurst Township                              20,326
    Maywood Borough                                  9,895
    Moonachie Borough                                2,706
    New Milford Borough                             16,876
    North Arlington Borough                         16,587
    Palisades Park Borough                          13,732
    Ridgefield Borough                              10,294
    Bergen County
    Ridgefield Park Village                         12,738
    River Edge Borough                              11,111
    Rutherford Borough                              19,068
    Saddle Brook Township                           14,084
    South Hackensack Township                        2,229
    Teaneck Township                                39,007
    Teterboro Borough                                   19
    Wallington Borough                              10,741
    Wood-Ridge Borough                               7,929
    Hudson County
    East Newark Borough                              1,923
    Kearny Town (part)
    Ward # 1—District # 1                            962
    Ward # 1—District # 2                          1,109
    Ward # 1—District # 6                          1,019
    Ward # 3                                       8,578
    Ward # 4—District # 5                            836
    Ward # 4—District # 6                          1,281
    Ward # 4—District # 7                          1,483
    Secaucus Town                                   13,719
    _______
    526,066
    10TH CONGRESSIONAL DISTRICT
    Essex County
    Belleville Town (part)
    Ward # 1—District # 1                          1,414
    Ward # 1—District # 4                          1,550
    Ward # 1—District # 5                          1,915
    East Orange City                                77,878
    Irvington Town                                  61,493
    Newark City                                    329,248
    Orange City                                     31,136
    Union County
    Hillside Township                               21,440
    _______
    526,074
    11TH CONGRESSIONAL DISTRICT
    Essex County
    Caldwell Borough                                 7,624
    Cedar Grove Township                            12,600
    Essex Fells Borough                              2,363
    Fairfield Borough                                7,987
    Livingston Township                             28,040
    Maplewood Township                              22,950
    North Caldwell Borough                           5,832
    Roseland Borough                                 5,330
    South Orange Village Township                   15,864
    Verona Borough                                  14,166
    West Caldwell Borough                           11,407
    West Orange Town                                39,510
    

    *1269
    Morris County
    Boonton Town                                     8,620
    Boonton Township                                 3,273
    Butler Borough                                   7,616
    Chatham Borough                                  8,537
    Chester Borough                                  1,433
    Chester Township                                 5,198
    Denville Township                               14,380
    Dover Town                                      14,681
    East Hanover Township                            9,319
    Florham Park Borough                             9,359
    Hanover Township                                11,846
    Jefferson Township                              16,413
    Kinnelon Borough                                 7,770
    Lincoln Park Borough                             8,806
    Madison Borough                                 15,357
    Mendham Borough                                  4,899
    Mendham Township                                 4,488
    Mine Hill Township                               3,325
    Montville Township                              14,290
    Mountain Lakes Borough                           4,153
    Mount Arlington Borough                          4,251
    Mount Olive Township                            18,748
    Netcong Borough                                  3,557
    Parsippany-Troy Hills Township                  49,868
    Pequannock Township                             13,776
    Randolph Township                               17,828
    Rockaway Borough                                 6,852
    Rockaway Township                               19,850
    Roxbury Township                                18,878
    Victory Gardens Borough                          1,043
    Wharton Borough                                  5,485
    Sussex County
    Byram Township                                   7,502
    Green Township                                   2,450
    Warren County
    Allamuchy Township                               2,560
    Frelinghuysen Township                           1,435
    Independence Township                            2,829
    Liberty Township                                 1,730
    _______
    526,078
    12TH CONGRESSIONAL DISTRICT
    Hunterdon County
    All                                             87,361
    Mercer County
    Princeton Borough                               12,035
    Princeton Township                              13,683
    West Windsor Township                            8,542
    Middlesex County
    Cranbury Township                                1,927
    East Brunswick Township                         37,711
    Helmetta Borough                                   955
    Milltown Borough                                 7,136
    Piscataway Township                             42,223
    South Brunswick Township                        17,127
    South Plainfield Township                       20,521
    Spotswood Borough                                7,840
    Morris County
    Chatham Township                                 8,883
    Harding Township                                 3,236
    Morris Township                                 18,486
    Morris Plains Borough                            5,305
    Morristown Town                                 16,614
    Passaic Township                                 7,275
    Washington Township                             11,402
    Somerset County
    Bedminster Township                              2,469
    Bernards Township                               12,920
    Bernardsville Borough                            6,715
    Branchburg Township                              7,846
    Far Hills Borough                                  677
    Franklin Township                               31,358
    Hillsborough Township                           19,061
    Millstone Borough                                  530
    Montgomery Township                              7,360
    Peapack Gladstone Borough                        2,038
    Raritan Borough                                  6,128
    Rocky Hill Borough                                 717
    Somerville Borough                              11,973
    South Bound Brook Borough                        4,331
    Sussex County
    Hampton Township                                 3,916
    Stillwater Township                              3,887
    Warren County
    Alpha Borough                                    2,644
    Belvidere Town                                   2,475
    Blairstown Township                              4,360
    Franklin Township                                2,341
    Greenwich Township                               1,738
    Hackettstown Town                                8,850
    Hardwick Township                                  947
    Harmony Township                                 2,592
    Hope Township                                    1,468
    Knowlton Township                                2,074
    Lopatcong Township                               4,998
    Mansfield Township                               5,780
    Oxford Township                                  1,659
    Pahaquarry Township                                 26
    Phillipsburg Town                               16,647
    Pohatcong Township                               3,856
    Washington Borough                               6,429
    

    *1270
    Warren County
    Washington Township                              4,243
    White Township                                   2,748
    _______
    526,063
    13TH CONGRESSIONAL DISTRICT
    Burlington County
    Bass River Township                              1,344
    Beverly City                                     2,919
    Cinnaminson Township                            16,072
    Delanco Township                                 3,730
    Delran Township                                 14,811
    Edgewater Park Township                          9,273
    Evesham Township                                21,508
    Hainesport Township                              3,236
    Lumberton Township                               5,236
    Medford Lakes Borough                            4,958
    Medford Township                                17,622
    Moorestown Township                             15,596
    Mount Holly Township                            10,818
    Mount Laurel Township                           17,614
    New Hanover Township                            14,258
    North Hanover Township                           9,050
    Pemberton Borough                                1,198
    Pemberton Township                              29,720
    Riverside Township                               7,941
    Shamong Township                                 4,537
    Southampton Township                             8,808
    Tabernacle Township                              6,236
    Washington Township                                808
    Willingboro Township                            39,912
    Woodland Township                                2,285
    Wrightstown Borough                              3,031
    Camden County
    Audubon Borough                                  9,533
    Cherry Hill Township                            68,785
    Haddonfield Borough                             12,337
    Haddon Heights Borough                           8,361
    Merchantville Borough                            3,972
    Voorhees Township                               12,919
    Waterford Township                               8,126
    Ocean County
    Barnegat Township                                8,702
    Barnegat Light Borough                             619
    Beach Haven Borough                              1,714
    Beachwood Borough                                7,687
    Berkeley Township                               23,151
    Eagleswood Township                              1,009
    Harvey Cedars Borough                              363
    Lacey Township                                  14,161
    Lakehurst Borough                                2,908
    Little Egg Harbor Township                       8,483
    Long Beach Township                              3,488
    Manchester Township                             27,987
    Ocean Gate Borough                               1,385
    Ocean Township                                   3,731
    Pine Beach Borough                               1,796
    Plumsted Township                                4,674
    Seaside Park Borough                             1,795
    Ship Bottom Borough                              1,427
    Stafford Township                               10,385
    Surf City Borough                                1,571
    Tuckerton Borough                                2,472
    _______
    526,062
    14TH CONGRESSIONAL DISTRICT
    Hudson County
    Bayonne City                                    65,047
    Guttenberg Town                                  7,340
    Harrison Town                                   12,242
    Hoboken City                                    42,460
    Jersey City                                    223,532
    Kearny Town (part)
    Ward # 1—District # 3                            1,045
    Ward # 1—District # 4                            1,245
    Ward # 1—District # 5                            1,103
    Ward # 2                                        10,506
    Ward # 4—District # 1                            1,174
    Ward # 4—District # 2                            1,673
    Ward # 4—District # 3                              846
    Ward # 4—District # 4                            1,323
    Ward # 4—District # 8                            1,552
    North Bergen Township                           47,019
    Union City                                      55,593
    Weehawken Township                              13,168
    West New York Town                              39,194
    _______
    526,062
    

    NOTES

    [1] Karcher v. Daggett, ___ U.S. ___, 103 S. Ct. 2653, 77 L. Ed. 2d 133 (1983), aff'g Daggett v. Kimmelman, 535 F. Supp. 978 (D.N.J.1982).

    [2] Karcher v. Daggett, 455 U.S. 1303, 102 S. Ct. 1298, 71 L. Ed. 2d 635 (1982) (Brennan, J., in chambers).

    [3] We are advised that Congressman Courter, a plaintiff in No. 82-388, has terminated the authority of the firm of Hellring, Lindeman, Goldstein & Siegal to act on his behalf, and that he disapproves of the submission of the plan in question.