Is apportionment required where a non-legislative position is filled by appointment rather than by election?

California, United States of America


The following excerpt is from People ex rel. Younger v. County of El Dorado, 487 P.2d 1193, 5 Cal.3d 480, 96 Cal.Rptr. 553 (Cal. 1971):

Sailors held that where Nonlegislative offices are filled by appointment rather than by election, the 'one person, one vote' principle is inapplicable, but expressly reserved the question as to whether apportionment would be required where Legislative or Quasi-legislative offices are filled by appointment. (387 U.S. at pp. 109--110, 87 S.Ct. 1549.) To the best of our knowledge, no reported decision has resolved that question, but some guidance can be gained from Hadley v. Junior College District, Supra, 397 U.S. 50, 90 S.Ct. 791.

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