26 N.Y.2d 65 | NY | 1970
The plaintiffs in this reapportionment case attack the present weighted voting plan under which the Board of Supervisors of Nassau County has long operated.
Concededly, the Town of Hempstead’s population constituted, 57.12% of the county’s population but that town’s representatives may cast but 49.6% of the board’s vote. Important as is the fact of the present inequality, it is of even greater moment that inequality in some degree is mandated and, indeed, perpetuated by the charter provision: “ nor shall the supervisor or supervisors of any town, or city be entitled to cast more than fifty per centum of the total vote of said board.” (L. 1936, ch. 879, § 104, subd. 2.) This provision has survived two attempts at reapportionment, proposals therefor having been defeated in referendums conducted in 1965 and 1967
Thus, it was proper to direct reapportionment but it seems unwise and unnecessary to proceed thereto on the basis of the 1960 census.
Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Jasen concur.
Order modified in accordance with the opinion herein and, as so modified, affirmed, without costs.
. Nassau County Govt. Law (L. 1936, ch. 879, as amd.), § 104;
. Reapportionment (subject, however, to the basic plan, and its infirmities) would be mandatory following the 1970 census, under the charter provision requiring that “ [t]he assignment of votes among members of the board of supervisors shall be readjusted within sixty days after the public announcement of the enumeration of the inhabitants of the county in each federal and state census if there be one.” (L. 1936, ch. 879, § 104, subd. 3.)