Constitutional Law Keyed to Stone
Davis v. Bandemer
The Republican controlled Indiana State legislature in 1981 adopted an apportionment plan (the “Plan”), which provided for State representative electoral districts of substantially equal population. Appellees, the Democrats (Appellees), nonetheless, claimed that the Republicans had adopted a scheme that would substantially understate Democratic voting strength. Under the Plan, in 1982, Appellees received 51.9 percent of the vote, but won only 43 percent of the 100 House seats and 13 of 25 Senate seats. At trial, the District Court held that the Appellees needed only to show that their proportionate voting influence had been adversely affected.
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