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Legislative Process Keyed to Mikva, 5th Ed.
Harris v. Shanahan
Citation:
387 P.2d 771, 192 Kan. 183 (1963)Facts
The case originated when plaintiffs filed an action challenging the apportionment of Kansas legislative districts. The original petition contained three causes of action, but the second was dismissed before trial. The remaining causes challenged the 1947 senate apportionment (G.S. 1949, 4-102) and the 1961 house apportionment for multi-district counties (G.S. 1961 Supp., 4-103). During the litigation, the 1963 legislature passed Senate Bill 440 to reapportion the senate, but due to a clerical error, the city of Leawood (population approximately 8,800) was omitted from any senatorial district in the enrolled bill signed by the governor. The 1961 house apportionment showed severe population disparities, with some districts having five times the population of others within the same county. For example, Sedgwick County, with a population of 325,399, was given five representatives (average district population 65,079), while Barton County, with 34,147 people, received two representatives (average district 17,073).
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