chapman meier argued november decided january case involves issue constitutionality reapportionment north dakota legislative assembly following protracted state federal litigation challenging various apportionment plans statutes state constitutional provisions including federal action district approved reapportionment plan included five multimember senatorial districts appellants brought present federal action appellee secretary state alleging substantial population shifts occurred plan longer met equal protection requirements requesting order apportionment based census figures provide districts declare plan invalid restrain appellee administering election laws plan district holding plan failed meet constitutional standards approved another plan called five multimember senatorial districts contained population variance largest smallest senatorial districts held jurisdiction appeal although challenged reapportionment plan ordered enforcement based state constitution statutes effectuation directly depends state election law machinery plan replacement state constitutional provisions reapportionment statutes pp absent persuasive justification federal district ordering state legislative reapportionment refrain imposing multimember districts upon state district failed articulate significant state interest supporting departure general preference districts reapportionment plans recognized connor johnson unless district articulate singular combination unique factors found exist mahan howell unless legislative assembly appropriately acts proceed expeditiously reinstate senatorial districts pp population deviation magnitude reapportionment plan variance involved constitutionally impermissible absent significant state policies acceptable considerations requiring adoption burden district elucidate reasons necessitating departure approximate population equality articulate clearly relationship variance state policy furthered district allowance variance justified claimed absence electorally victimized minorities sparseness north dakota population division state caused missouri river asserted state policy observing geographical boundaries existing political subdivisions especially appears less statistically offensive reapportionment plans already devised feasible pp blackmun delivered opinion unanimous john kelly argued cause filed brief appellants paul sand first assistant attorney general north dakota argued cause appellee brief allen olson attorney general justice blackmun delivered opinion case presents issue constitutionality reapportionment north dakota legislature called state legislative assembly state like many others struggled satisfy constitutional requirements legislative apportionment delineated baker carr reynolds sims wmca lomenzo maryland committee tawes davis mann roman sincock lucas colorado general assembly cases litigation culmination struggle totally ineffectual legislative side past decade state constitution statutes existing senatorial district provided law effective date amendment shall permanently constitute senatorial district senatorial district shall represented one senator laws laws complementary statutory provisions apportionment effected laws cent code effect years despite mandate constitution apportionment effected federal census ii prior litigation citizens north dakota sought declaratory injunctive relief federal civil rights acts time state chief justice issued proclamation district held presence proclamation eliminated aspect prematurity characterized earlier challenge state basic issues concluded one dissent presented north dakota believe opportunity passing questions herein accordingly abstained passing upon issues stayed proceedings dismiss action lein sathre supp nd plaintiffs federal case promptly took north dakota attack upon plan adopted apportionment group assumed jurisdiction state ex rel lein sathre noted question arising constitution presented concerned validity allotment one representative senatorial district prescribed first sentence constitution recognized inherent constitutional direction apportion according population limited discretion make apportionment approach nearly reasonably possible mathematical equality went hold apportionment made group violates constitutional mandate apportionment according population several districts void apportionment effected statute continued law superseded apportionment valid amendment constitution plaintiffs turned federal one judge dissenting denied request injunctive relief ground challenge apportionment group plan apportionment challenged lein sathre supp nd noted legislative assembly meet following january mandatory duty apportion house presume perform duty jurisdiction retained observation legislative assembly failed act plaintiffs upon appropriate amendment complaint might petition relief legislative assembly reapportion laws reynolds sims companion cases decided june new suit instituted federal invalidate north dakota entire apportionment system federal constitutional grounds sections constitution statute challenged held constitutional statutory provisions violative equal protection clause paulson meier supp nd went hold apportionment last valid apportionment described north dakota legislators elected also invalid thus constitutionally valid legislative apportionment law existence state north dakota time encountered difficulty appropriate remedy concluded one judge dissenting adequate time available within formulate proper plan forthcoming elections legislative assembly de facto status assembly promptly devise constitutional system injunctive relief denied legislative assembly produced reapportionment act although approved disapproved governor laws north dakota secretary state defendant federal moved dismiss federal action ground act met constitutional requirements however ruled otherwise paulson meier supp nd turned question remedy concluded legislative assembly opportunity duty take affirmative action considered several plans introduced assembly centered attention smith plan although found plan perfect five multimember senatorial districts county lines violated instances concluded plan slightly modified meet constitutional standards impressive mathematical exactness namely districts within average population four slightly two exceeding slight modification made reapportionment really first finally effected since therefore accomplished north dakota intervention still another original proceeding state instituted one challenged right senators multimember districts hold office claimed multiple membership violated north dakota constitution provided senatorial district shall represented one senator state held judgment federal res judicata plaintiffs initial freezing portion clearly invalid concluding portion restricting representation district one senator desired people without balance freezing portion unit must fall violative equal protection state ex rel stockman anderson result multimember senatorial districts held illegal state iii present litigation may entered order effect existing north dakota apportionment failed meet federal constitutional standards attempt reapportion jurisdictional statement appointed commission formulate present plan within days submitted guidelines commission respect multimember districts order provided considered matter districts conclude insufficient time prior elections fully explore resolve issues involved matter districts studied depth commission results study made available us constrained permit districts continue elections avoid extreme disruptions elective processes feel electorate better served minimizing confusion surrounding impending elections abolition districts eleventh hour november immediately election year suspended june order notice directed state attorney general promptly report action taken legislative assembly assembly passed apportionment act overrode veto governor laws note act provided legislative districts one senator two representatives except five multimember senatorial districts section thereof specifically recited population district population variance plus minus total plus persons minus persons total persons average per senator effectiveness legislative plan however promptly suspended referendum petition see laws companion initiative petition amendment state constitution proposed created commission reapportion state addition mandated senatorial districts special election took place december defeated legislative assembly work reapportion thus nullified people suggested apparently people also reacted elimination five multimember districts event defendant thereupon moved federal readopt plan temporarily approved order june plaintiffs resisted district circuit judge bright dissenting made permanent dobson plan five multimember districts providing senators statewide total supp nd noted probable jurisdiction iv jurisdiction might suggested restrain enforcement statute instead enforcement plan become unconstitutional circumstances hence provisions satisfied argument less persuasive conclude without merit although reapportionment attack indeed ordered enforcement doubly based state constitution statutes effectuation directly depends state election law machinery addition plan replacement north dakota constitutional provisions reapportionment statutes primary objects attack highly anomalous jurisdiction follow single judge invalidate reapportionment plan evolved approved required time subject matter kind regular grist route typically employed conditions similar present see skolnick state electoral board illinois supp nd think correct procedure conclude jurisdiction multimember districts refrained holding multimember districts apportionment plans adopted legislatures per se unconstitutional white regester cases cited therein contrary upheld numerous apportionment schemes utilizing multimember districts see kilgarlin hill burns richardson fortson dorsey beginning reynolds sims indicated state might devise apportionment plan bicameral legislature one body composed least multimember districts long substantial equality population per representative maintained notwithstanding past acceptance multimember districting plans recognize practical weaknesses inherent schemes first number legislative seats within district increases difficulty voter making intelligent choices among candidates also increases see lucas colorado general assembly ballots tend become unwieldy confusing lengthy allow thoughtful consideration second candidates elected large residents particular areas within district may feel representative specially responsible ibid third possible bloc voting delegates multimember district may result undue representation residents districts relative voters districts possibility however rejected absent concrete proof whitcomb chavis criticism multimember districts frequent widespread articles cited therein see generally carpeneti legislative apportionment multimember districts fair representation rev banzhaf electoral districts violate one man one vote principle yale fortson dorsey supra held mere assertion possible weaknesses legislature multimember districting plan insufficient establish denial equal protection rather must shown designedly otherwise constituency apportionment scheme circumstances particular case operate minimize cancel voting strength racial political elements voting population requirement one challenging multimember districting plan must prove plan minimizes cancels voting power racial political group applied cases involving apportionment schemes adopted state legislatures connor johnson however came us application stay presented reapportionment scheme multimember districts bodies state legislature stated explicitly district courts forced fashion apportionment plans districts preferable large districts general matter exercising supervisory power directed district devise districting plan absent insurmountable difficulties ibid preference emphasis upon districts plans reaffirmed connor williams mahan howell latter case district held acted within discretion forming multimember district interim remedy order alleviate substantial underrepresentation military personnel impending election standards evaluating use multimember districts thus clearly differ depending whether federal state legislature initiated use practical simultaneity decision connor johnson whitcomb chavis supra demonstrates plan ordered often state policy multimember districting might deserve respect deference indeed imposing multimember districts upon state always employed districts special reason follow connor rule favoring latter type districting appellants contend racial political group discriminated multimember districting ordered district suggest district followed mandate connor johnson failed articulate reasons departure agree absent particularly pressing features calling multimember districts district refrain imposing upon state district avoid multimember issue labeling see political issue resolved state district created multimember districting north dakota might said disingenuous suggest judicial creation became political question simply passage nine years district treatment issue directly conflicts prior opinion case allowed continuation multimember districts first established paulson decision interim remedy noted largest multimember district voter asked evaluate qualifications least candidates state legislature formidable task taking note connor johnson held improper permit multimember districts remain permanently allowed continued use impending election great confusion otherwise result appears abandoned position suggestion reasons abrupt change especially anomalous continue multimember districting plan special master initially proposed disavowed use permanent multimember districts dobson reapportionment problems rev contrast dissent district suggests wide range attributes districts one advantage obvious confusion engendered multiple offices removed advantages perhaps speculative districts may prevent domination entire slate narrow majority may ease direct communication one senator may reduce campaign costs may avoid bloc voting course general virtues districts guarantee particular feature found specific plan neither district majority appellee however provided us suggestion legitimate state interest supporting abandonment general preference districts plans recognized connor johnson fact allegation minority group discrimination raised appellants make connor inapplicable true voters north dakota voted proposed constitutional amendment state tradition senatorial districts time voters also rejected referendum legislative assembly act continued multimember format five districts unable infer simultaneous actions electorate particular attitude toward multimember districts simply appears north dakota voters satisfied reapportionment proposal frustrated years confusion since obviously impermissible apportionment provisions state constitution invalidated confident district perhaps aid special masters able reinstitute use districts also attaining necessary goal substantial population equality special master ostenson indicated terribly difficult adopt districts see unless district articulate singular combination unique factors found exist mahan howell unless legislative assembly appropriately acts proceed expeditiously reinstate senatorial districts north dakota vi population variance reynolds sims supra established houses state legislature must apportioned districts nearly equal population practicable athematical exactness precision required must substantial compliance goal population equality ibid reynolds sims course involved gross population disparity among districts since reynolds opportunity observe attempts many state legislative reapportionment plans achieve goal population equality although case must evaluated facts particular population deviation ideal may permissible cases others swann adams certain guidelines developed determining compliance basic goal one person one vote swann held variance one house impermissible absent satisfactory explanation grounded acceptable state policy see also kilgarlin hill swann justification divergences attempted possible justifications requiring adequate proof suggested among state policy considerations integrity political subdivisions maintenance compactness contiguity legislative districts recognition natural historical boundary lines see also reynolds sims hand acknowledged leeway requirement afforded devising legislative reapportionment plans contrasted congressional districting population equality appears sole criterion adjudge constitutionality wesberry sanders kirkpatrick preisler wells rockefeller white weiser state legislative districts issue held minor population deviations establish prima facie constitutional violation example gaffney cummings permitted deviation showing invidious discrimination white regester supra variation likewise permitted treatment reapportionment plan mahan howell supra illustrative approach area virginia legislature fashioned plan providing total population variance among house districts disparity sufficient magnitude require analysis state policies asserted justification found deviations average caused attempt legislature fulfill rational state policy refraining splitting political subdivisions house districts accepted policy legitimate notwithstanding fact subdivision splits permitted senatorial districts since population divergences virginia plan based legitimate considerations incident effectuation rational state policy reynolds sims held plan met constitutional standards observed measure acceptable deviation population equality developed cases concerned apportionment plans enacted state legislatures present north dakota case however variance plan formulated federal believe population deviation magnitude plan constitutionally impermissible absence significant state policies acceptable considerations require adoption plan great variance burden district elucidate reasons necessitating departure goal population equality articulate clearly relationship variance state policy furthered basis district allowance variance claimed lie absence electorally victimized minorities fact north dakota sparsely populated division state caused missouri river goal observing geographical boundaries existing political subdivisions find none factors persuasive none explicitly shown necessitate substantial population deviation embraced plan first variance degree justified simply particular racial political group whose voting power minimized canceled citizens affected apportionment plan provides disproportionate voting strength citizens districts underrepresented lose something even belong specific minority group second sparse population legitimate basis departure goal equality state sparse population may face problems different faced one concentrated population without permit substantial deviation average indeed state small population individual vote may important result election highly populated state thus particular emphasis placed establishing districts exact population equality possible district bare statement north dakota sparse population permitted perhaps caused deviation inadequate justification third suggestion division state caused missouri river asserted state policy observing existing geographical political subdivision boundaries warrant departure population equality also persuasive far apparent north dakota policy currently requires favors strict adherence political lines dissenting judge case noted appellee counsel acknowledged reapportionment proposed legislative assembly broke county lines district indicated long decade ago legislature abandoned strict policy paulson meier furthermore plan devised special master ostenson demonstrates neither missouri river policy maintaining township lines prevents attaining significantly lower population variance imply ostenson plan adopted district population variance necessarily permissible plan intend reference ostenson plan show factors cited district viewed controlling persuasive less statistically offensive plans already devised feasible district provided rationale rejection ostenson plan examination asserted justifications plan thus plainly demonstrates fails meet standards established evaluating variances plans formulated state legislatures state bodies plan hence fail even criteria enunciated mahan howell swann adams plan however must held higher standards state plan plan deviation approximate population equality must supported enunciation historically significant state policy unique features felt necessary case clarify greater responsibility district devising reapportionment plan severe problems occasioned citizens north dakota several years redistricting confusion vii hold today unless persuasive justifications reapportionment plan state legislature must avoid use multimember districts well must ordinarily achieve goal population equality little de minimis variation important significant state considerations rationally mandate departure standards reapportioning responsibility articulate precisely plan districts minimal population variance adopted say said many occasions reapportionment primarily duty responsibility state legislature body rather federal reynolds sims maryland committee tawes hoped north dakota legislative assembly perform duty enact constitutionally acceptable plan fails task responsibility falls district proceed dispatch resolve seemingly interminable problem judgment district reversed case remanded proceedings consistent opinion ordered footnotes legislative assembly shall fix number senators divide state many senatorial districts senators districts nearly may shall equal number inhabitants entitled representation district shall entitled one senator shall composed compact contiguous territory portion county shall attached county part thereof form district districts thus ascertained determined shall continue changed law section reads full follows senatorial district shall represented house representatives least one representative except senatorial district comprised one county shall represented house representatives least many representatives counties senatorial district addition legislative assembly shall first regular session federal decennial census proceed apportion balance members house representatives elected several senatorial districts within limits prescribed constitution according population several senatorial districts legislative assembly whose duty make apportionment shall fail make herein provided shall duty chief justice attorney general secretary state majority minority leaders house representatives within ninety days adjournment legislature make apportionment made proclamation shall issued chief justice announcing apportionment shall force effect though made legislative assembly feature later described radical departure state precedent chapman meier supp nd dissenting opinion cf minnesota state senate beens governor principal objection announced veto message failure legislative assembly eliminate multimember senatorial districts return compliance order filed march except otherwise provided law party may appeal order granting denying notice hearing interlocutory permanent injunction civil action suit proceeding required act congress heard determined district three judges interlocutory permanent injunction restraining enforcement operation execution state statute restraining action officer state enforcement execution statute shall granted district judge thereof upon ground unconstitutionality statute unless application thereof heard determined district three judges section title indeed oral argument appellants oppose allocation two house members senatorial district tr oral arg however fortson dorsey suggestion representative serves residents subdistricts furthermore mentioned potential weaknesses multimember districts lucas colorado general assembly noted intimate apportionment schemes provide election number legislators county political subdivision constitutionally defective rather merely point certain aspects might well make adoption scheme undesirable many voters residing multimember counties whitcomb chavis acknowledged riticism multimember districts rooted aspects tendency submerge minorities winning party compared party statewide electoral position general preference legislatures reflecting community interests closely possible disenchantment political parties elections devices settle policy differences contending interests factors criticized particularly helpful see carpeneti legislative apportionment multimember districts fair representation rev mahan howell stated district confronted plausible evidence substantial malapportionment respect military personnel mandate voting discrimination military personnel constitutionally impermissible davis mann fear much delay seriously disrupted fall elections facing singular combination unique factors say district abused discretion fashioning interim remedy combining three districts one multimember district north dakota military personnel apportionment problem respect bases near grand forks minot appellants recognize existence problem acknowledge conceivably result type multimember districting tr oral arg minority group significant size north dakota indians reapportionment plan affects differently group example conceivable rationale supporting multimember districts see carpeneti supra suggested multimember districts may insure certain interests views represented see also views late special master smith early reynolds sims indicated suggestions population deviation necessary insure effective representation sparsely settled areas prevent legislative districts becoming large geographically availability access citizens representatives impaired unconvincing see appendix memorandum opinion order june judges bright van sickle ostenson plan app ostenson plan allow total population deviation another plan appearing acceptable respect population variance adopted district one suggested state special committee reapportionment referred judge bright dissenting opinion say however reapportionment state legislature must attain mathematical preciseness required congressional redistricting wesberry sanders kirkpatrick preisler wells rockefeller white weiser