Commissioners study one-person, one-vote rule

Jeff Schweers

Wednesday, Feb. 18, 1998 | 10:18 a.m.

Clark County commissioners Lance Malone and Bruce Woodbury represent far more people than their colleagues, a fact the Nevada Attorney General says may violate the "one person, one vote" rule of the U.S. Supreme Court.

Prompted by that opinion, Malone and fellow Commissioner Erin Kenny said they want to discuss reapportionment as soon as possible and will bring the item up at the March 3 board meeting.

"I certainly think we need to look at what's fair and just for the people I represent," Malone said.

Kenny, who last brought the issue of reapportionment before the board in September 1996, said she was encouraged by the AG's opinion.

"The opinion was one I personally believed before backing in writing from AG," Kenny said. "It only makes sense."

In an unrelated opinion issued last month, the AG told Washoe County it had the authority to change their district boundaries if significant population shifts occur and reliable information is available.

"Their opinion request was 'Can we legally redistrict?' The AG's office said, 'Sure you can redistrict'," County Counsel Mary-Ann Miller said.

Washoe County had asked if it could change commission districts more frequently than every 10 years when significant population changes occur between U.S. Census reports. The law requires that election districts be as nearly equal in population as possible, but the population of the Washoe districts ranged in from 17 to 24 percent.

The Jan. 16 opinion said any significant discrepancy in voting districts violates the "one person, one vote" rule and that the legislature allows counties to reapportion districts more frequently than every 10 years, but doesn't require it.

"The plain language of the statutes authorizes a county commission to reapportion the county commissioner election districts, based on reliable data," the opinion read.

However, the opinion also acknowledged that doing so "might impose on government burdens unreasonable in relation to the benefits achieved."

The AG opinion contradicts a Sept. 1996 opinion by former County Counsel Mahlon Edwards issued at the request of the County Commission. He said that "the legislature must authorize reapportionment of commission districts" that occur more frequently than the national decennial census.

Malone said he first wants to know whether the county should reapportion districts now or can wait until 2000 without facing a constitutional challenge. Second, Malone said, he wants to know what it would cost to generate good enough information on which to base redistricting.

"If we're 10 percent out of whack then we need to do it," Malone said. "In certain areas we're well beyond that."

However, Malone said, he doesn't think any redistricting can be done before the 1998 elections.

Kenny said she had no specific details as to how reapportionment would work, but it seemed fair that Gates, Williams and Hunt get some of the surplus in Woodbury's and Malone's districts.

Reapportionment must occur along precinct boundaries and only among contiguous districts to prevent gerrymandering.

The populations of Clark County's commission districts range in size from 223,000 to 138,000 or from 18.8 percent to 11.5 percent of the total population.

Malone's District C is the largest, followed by Woodbury with 219,000 constituents in District A. Their districts are also the largest in size, meaning they have the most room for expansion.

By contrast, Commissioner Yvonne Atkinson Gates has about 140,000 residents in the landlocked District D -- 36 percent fewer residents than Malone.

Commissioners Myrna Williams and Lorraine Hunt also have underpopulated districts, with 141,000 in District E for Williams and 148,800 in District G for Hunt.

Kenny, with 160,000 residents, said she has about the right population.

"Others are woefully underpopulated and certain districts and commissioners are carrying the burden of the population," Kenny said. "That's not fair to the commissioners or the people they represent."

At 170,000 residents, Commissioner Mary Kincaid's District B actually comes closest to the average if the county's current population of 1.2 million were distributed evenly among the seven board members.

"We need to look at making this as fair and as equitable as we can," Malone said. "I have a large geographic area that includes Indian Springs and Mt. Charleston. You try to attend those town hall meetings -- it's a long drive."