Petitioners, qualified electors of the First and Second Supervisorial Districts of Marin County, acting on behalf of all such electоrs, seek by this proceeding in mandate to compel the bоard 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 cоntained in section 25001 of the Government Code,
1
and to deny to thеm and others similarly situated constitutional protections aсcorded by the Fourteenth Amendment to the federal Constitution. They further al
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lege that the board has arbitrarily refused to reaрportion in accordance with section 25001 as directed by this court in
Griffin v. Board of Supervisors,
The board, while not conceding the denial of statutory or constitutional rights, nevertheless has represented that it hаs 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 thrоughout 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 Marсh 20, 1964. (Elec. Code, § 6511.) We are aware of the immense task involvеd and of the many collateral rights which may be prejudiced should redistricting take place before the primary eleсtion, or between the primary and general election оn November 2, 1964. (Elec. Code, § 23.) For such reasons, and for such reаsons alone, we are persuaded to the conclusiоn that justice will best be served if we refrain from making an adjudication at this time.
As the board of supervisors is required to comply with the mаndate of the applicable law the further mandate of this court at the present time is not necessary to the accomplishment of a proper and orderly apportionment of population among the supervisorial districts in Marin County. However, should the board fail to discharge its duty to proрerly redistrict the county (see
Griffin
v.
Board of Supervisors, supra,
This decision is final forthwith.
Notes
Section 25001 of the Government Code providеs: “By a two-thirds vote of the members, the board may change the boundaries of any or all of the supervisorial districts of a county. The districts shall be as nearly equal in population as may bе, except that in establishing the boundaries of the districts the boаrd may give consideration to the following factors: (a) topography, (b) geography, (e) cohesiveness, contiguity, integrity, and compactness of territory, and (d) community of interests of the districts. ’ ’