The issue in this declaratory-judgment action is whether census data received by the Governor on or about January 24 and 30, 1991, constitute the “official decennial census” within the meaning of article IV, section 3, paragraph 1, of the State
I.
For purposes of this appeal, we draw generally on the background developed in the Law Division proceedings.
Under the State Constitution, the responsibility for drafting a legislative-apportionment plan following a federal decennial census is vested in a ten-member Apportionment Commission normally composed of five Democrats and five Republicans. The Commission is required to certify to the Secretary of State a plan establishing election districts for the State Senate and General Assembly “within one month of the receipt by the Governor of the official decennial census of the United States for New Jersey.” N.J. Const. of 1947 art. IV, § 3, ¶ 1. In the event a majority of the Commission cannot agree on and certify a plan to the Secretary of State in a timely manner, the Chief Justice of the New Jersey Supreme Court is authorized to appoint an eleventh member. Id., ¶ 2. The Commission then has an additional month within which to certify a plan to the Secretary of State to be used to elect Senators and members of the General Assembly.
On or about January 24, 1991, Governor Florio received from the federal Census Bureau the census data derived from the
The Attorney General contends, without disagreement from any other party, that Chief Turner’s reason for adding the above-quoted caveat is that under a stipulation order entered in certain federal litigation pending in the Eastern District of New York, City of New York v. United States Department of Commerce, the Census Bureau had agreed to consider “adjusting” its current figures in recognition of claims that the data might reflect a substantial undercount of minority populations. Chief Turner’s letter recited that “[t]he United States Department of Commerce is considering whether to correct these counts and will publish corrected counts, if any, not later than July 15, 1991.”
The scope of the practical problems is illustrated by the fact that the State Constitution requires New Jersey’s bipartisan Apportionment Commission to draw the district lines within one month of the Governor’s receipt of the official decennial census. If the official figures are used and later adjusted, districts used in primary elections might have to be changed for the general election in November. On the other hand, if the Commission waits until July 15, 1991, for receipt of any possible corrections, it might be August 15th before a tiebreaker could be appointed under the constitutional provision, and then possibly September 15th before the tie breaker could bring about the development of an apportionment plan. Under current statutory filing schedules, see, e.g., N.J.S.A. 19:23-14, it realistically would be impossible to conduct primary and general elections on that timetable.
Some understanding of the history of the constitutional provisions will aid in our decision. The general history of this is well set forth in Professor Robert F. Williams’
The New Jersey State Constitution,
at 60-63 (1990) (hereinafter “Williams”), which we summarize here. In
Jackman v. Bodine,
43
N.J.
453,
A central concept of the new provisions was that the Senate districts should, whenever practicable, consist of one or more whole counties, whereas the Assembly districts would, with certain exceptions, be portions of the Senate districts. However, this Court held in
Scrimminger v. Sherwin,
60
N.J.
483,
The provision with which we are concerned, article IV, section 3, paragraph 1, also dating from 1966, provides:
1. After the next and every subsequent decennial census of the United States, the Senate districts and Assembly districts shall be established, and the senators and members of the General Assembly shall be apportioned among them, by an Apportionment Commission consisting of ten members, five to be appointed by the chairman of the State committee of each of the two political parties whose candidates for governor receive the largest number of votes at the most recent gubernatorial election. Each State chairman, in making such appointments, shall give due consideration to the representation of the various geographical areas of the State. Appointments to the Commission shall be made on or before November 15 of the year in which such census is taken and shall be certified by the Secretary of State on or before December 1 of that year. The Commission, by a majority of the whole number of its members, shall certify the establishment of Senate and Assembly districts and the apportionment of senators and members of the General Assembly to the Secretary of State within one month of the receipt by the Governor of the official decennial census of the United States for New Jersey, or on or before February 1 of the year following the year in which the census is taken, whichever date is later.
That provision “is designed to take the intensely political matter of reapportionment out of the hands of the legislature, and assign it to an apportionment commission. Therefore, it is now the commission, not the legislature, which adopts reapportionment plans and whose product is reviewed by the courts.” Williams, supra, at 62 (footnote omitted). Once the schedule has been set in place under section 3, paragraph 1, then section 3, paragraph 2 provides the tiebreaker mechanism to be invoked when the Commission is unable to reach an agreement before its constitutionally-imposed deadline.
III.
With the foregoing as background, we approach the question of the meaning of the constitutional phrase “the official decennial census of the United States for New Jersey.”
The principles that we apply are well settled:
It is a familiar rule of construction that where phraseology is precise and unambiguous there is no room for judicial interpretation or for resort to extrinsic materials. The language speaks for itself, and where found in our State Constitution the language is the voice of the people. As this Court said some twenty years ago,
[T]he Constitution derives its force, not from the Convention which framed it, but from the people who ratified it; and the intent to be arrived at is that of the people.
The Constitution was written “to be understood by the voters; its words and phrases were used in their normal and ordinary as distinguished from ■ technical meaning”; and “where the intention is clear there is no room for construction and no excuse for interpolation or addition.” [Vreeland v. Byrne, 72 N.J. 292, 302,370 A.2d 825 (1977) (citations omitted).]
In
Vreeland,
the Court reflected on the differing judicial roles involved in interpreting constitutional provisions, particularly whether a provision is to be considered a “great ordinance” of the Constitution, or a flexible pronouncement constantly evolving in response to the felt needs of the time, or an article of “different and less exalted quality.”
Id.
at 304,
Of course, we agree that even though, on its face, language may appear to be clear and unambiguous, if in fact,
“[T]hat the words employed [in the Constitution] have been carefully measured and weighed to convey a certain and definite meaning, with as little as possible left to implication” is presumed.
Behnke v. New Jersey Highway Auth.,
13
N.J.
14, 25, 97
A.
2d 647 (1953);
Fischer v. Township of Bedminster,
5
N.J.
534, 541-42,
We conclude that the meaning “most naturally and plainly convey[ed], the sense most obvious to the common understanding” of the phrase “official decennial census” embraces the data officially delivered to the Governor by the United States Census Bureau on January 24 and 30, 1991. We express no opinion on whether the census is complete for all federal purposes. We limit our decision to the meaning of
Appellants also contend that because the census may not be “complete,” it is not “official” or “authentic” for purposes of State legislative apportionment. The word “official” thus would connote the opposite of “preliminary” and would have been added by the 1966 Constitutional Convention to foreclose the use of “preliminary” figures as described in
Asbury Park Press, Inc. v. Woolley,
33
N.J.
1,
Appellants further note that the stipulation in
City of New York
provided that
as part
o/the 1990 decennial census the Bureau would conduct a “post-enumeration survey.” Appel
The constitutional article seems to presume that normal year-end cycle, thus allowing for a reasonable time to develop the new district lines. Any substantial deviation from that normally-anticipated census cycle will pose the practical difficulties in maintaining election schedules that we have noted.
“It is a ‘golden rule’ of interpretation, fully applicable to constitutional as well as statutory documents, that the unreasonableness of a particular result arising from the selection of one among several possible alternative interpretations strongly militates in favor of the adoption of an interpretation that embraces a reasonable result.”
Dickinson v. Fund for The Support of Free Pub. Schools,
95
N.J.
65, 97,
We appreciate that there are countervailing arguments of impracticality that the Commission should not embark on the difficult task of drawing new legislative districts when all of the efforts may prove worthless and result in a needless expenditure of State funds. Further, once the Commission acts, there is no explicit mechanism in the Constitution that provides that the Commission may meet again to make corrections or adjustments to a plan once certified to the Secretary of State. Instead, the Constitution provides that on certification a plan shall remain unaltered until the next federal decennial census. However, this Court has repeatedly been called on to make midcourse corrections in the apportionment process, see, e.g., Jackman v. Bodine, supra, 43 N.J. at 473-74, 205 A. 2d 713. In Scrimminger v. Sherwin, supra, 60 N.J. at 485, 291 A. 2d 134, the trial court, because of practical considerations, permitted the election scheduled for 1971 to proceed under the disapproved plan. It held, however, that no further election could be held under the defective plan.
We acknowledge the even more profound concern that should there be any substantial undercount in the January 1991 census figures, it will be to the disadvantage of the already-disadvantaged minority members of our community. Should revised census data result in a material deviation, either State or federal Constitutions might be invoked to remedy the wrong. It is thus premature to consider an application to stay the promulgation of a plan by the Apportionment Commission.
We affirm the Law Division’s declaratory judgment that the census data received by the Governor’s office on January 24 and 30, 1991, constitute the official decennial census within the meaning of article IV, section 3, paragraph 1, of the State Constitution. We also affirm the Law Division’s judgment that the delivery on January 30, 1991, constituted the full receipt contemplated under the provision; “one month” from that date
Judgment affirmed.
For affirmance — Justices CLIFFORD, HANDLER, POLLOCK, O’HERN, GARIBALDI and STEIN — 6.
Opposed —None.
Chief Justice WILENTZ did not participate.
