Apportionment of Sanilac County Board of Supervisors

12 Mich. App. 330 (1968) 162 N.W.2d 913

APPORTIONMENT OF SANILAC COUNTY BOARD OF SUPERVISORS.

Docket Nos. 5,753 and 5,754.

Michigan Court of Appeals.

Decided July 2, 1968.

Atkins & Drillock, for petitioners.

PER CURIAM:

In this cause a petition for review of the apportionment plan^[1] for the Sanilac County Board of Supervisors having been filed pursuant to PA 1966, No 261 [MCLA § 46.406 (Stat Ann 1968 Cum Supp § 5.359[6])]; and oral arguments having been presented before this Court on July 1, 1968; and this Court having requested from the bench the filing of a new apportionment plan more in conformance with the constitutional requirement for districts of substantially equal population; and two individual new plans having been filed on July 2, 1968 by the Board of Supervisors of Sanilac County^[2] and the Apportionment Commission of Sanilac County;^[3] therefore,

It is ordered that the plan adopted and filed with this Court by the Apportionment Commission of Sanilac County on July 2, 1968 be, and the same hereby is, the approved apportionment plan under which elections for the office of county board of supervisors in Sanilac County shall be conducted for the primary and general elections of 1968, and the approved plan shall be the official apportionment plan for Sanilac County until the next United States official decennial census figures are available.

It is further ordered that the approved plan shall be filed with the county cerk who shall forthwith file such plan with the secretary of State pursuant to the requirement of PA 1966, No 261.

It is further ordered that those candidates for the office of supervisor who have filed their candidacy under the apportionment plan originally filed with the county clerk on May 16, 1968, and filed pursuant to the filing deadline of Enrolled Senate Bill No 23 of the regular session of 1968,^[4] and are otherwise qualified under the laws of this State, shall be candidates for the district within which they reside under the plan approved by this Court this day.

It is further ordered that the filing deadline for the 1968 election only shall be at 4:00 p.m. EDT on July 5, 1968, and that the sufficiency of the petitions and other qualifications for the candidacy of the office of supervisor for the 1968 elections only, shall be controlled by the requirements that would have been necessary under the plan filed with the county clerk on May 16, 1968.

This order shall be delivered to the State Reporter and published in the official reports of the Court of Appeals.

LESINSKI, C.J., and J.H. GILLIS and LEVIN, JJ., concurred.

NOTES

[1] SANILAC 15 Districts (Approved by Sanilac County Board of Supervisors on May 16, 1968). ------------------------------------------------ | | | | Maximum Population | 1:1.89 | District | Variance Ratio | | 6 1653 |--------------------------|---------------------| 5 1768 | | | 15 1817 | Minimum Population | 46.8% | 3 1845 | Electing a Majority | | 9 1856 |--------------------------|---------------------| 10 2023 | Average Population | 2145 | 7 2066 | of District | Total = 32,314 | 4 2097 | | | ____ 15,125 | | | or |--------------------------|---------------------| 46.8% | | | 11 2172 | Deviation of Largest | 966 or 44.85% | 1 2186 | District from Average | Total = 3120 | 14 2240 |--------------------------|---------------------| 12 2277 | | | 13 2544 | | | 2 2650 | | | 8 3120 | Deviation of Smallest | 501 or 23.26% | ____ 17,189 | District from Average | Total = 1653 | 32,314 | | | ====== |--------------------------|---------------------|

[2] SANILAC 8 Districts (Submitted by Sanilac County Board of Supervisors on July 2, 1968). --------------------------------------------- District | Maximum Population | | 4 3875 | Variance Ratio | 1:1.12 | 6 3898 |---------------------------|-----------------| 3 3908 | Minimum Population | | 7 3925 | Electing a Majority | 60.64% | 8 3989 |---------------------------|-----------------| ____ 19,595 | Average Population | 4039 | or | of District | Total = 32,314 | 60.06% |---------------------------|-----------------| 2 4081 | Deviation of Largest | 313 or 7.74% | 1 4286 | District from Average | Total = 4352 | 5 4352 |---------------------------|-----------------| ____ 12,719 | Deviation of Smallest | 164 or 4.06% | 32,314 | District from Average | Total = 3875 | ====== |---------------------------|-----------------|

[3] SANILAC 5 Districts (Approved by Sanilac County Apportionment Commission on July 1, 1968). ---------------------------------------------- District | Maximum Population | 1:1.07 | 1 6229 | Variance Ratio | | 2 6352 |------------------------|--------------------| 5 6539 | Minimum Population | | ____ 19,120 | Electing a Majority | 59.17% | or |------------------------|--------------------| 59.17% | Average Population | 6463 | | of District | Total = 32,314 | 3 6550 |------------------------|--------------------| 4 6644 | Deviation of Largest | 181 or 2.8% | ____ 13,194 | District from Average | Total = 6644 | or |------------------------|--------------------| 32,314 | Deviation of Smallest | 234 or 3.62% | ====== | District from Average | Total = 6229 | |------------------------|--------------------|

[4] PA 1968, No. 153.