STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

June 18, 1975

Representative G. F. Mortimer
Box 27
Belle Fourche, South Dakota 57717

OFFICIAL OPINION NO. 75-113

Redistricting of county commission districts

Dear Representative Mortimer:

You have asked my opinion based on the following factual situation:

Butte County was apportioned into five districts in February, 1968. Due to population shifts, District #1 (including Ward 4, Belle Fourche) contains 1289 voters (27% of the county voting electorate); District #2 contains 816 (17010); District #3 contains 851 (18010); District #4 contains 936 (20010) and; District #5 contains 847 (18010). Butte County has not been reapportioned since 1968.

You ask: Because of the disparity in the voting population of the various districts of Butte County, should the Board of Commissioners redistrict the county commission districts at this time?

The county commissioner boards are representative of the people and in effect manage and govern the counties. The concepts of equal protection and representation as delineated by the United States Supreme Court apply to the county boards. Baker v. Carr, 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed. 2d 663 (1962), Reynolds v. Sims, 377 U.S. 553, 84 S.Ct. 1362, 12 L.Ed. 2d 1362 (1964). See also SDCL 7-8-10; U.S.C.A. Const. Amend. 14; S.D. Const. Art. 6, Sec. 1, 2, 19, 26; Enabling Act, Sec. 4. In Bailey v. Jones, 139 N. W. 2d 385, 81 S.D. 617 (1966), the South Dakota Supreme Court held: " ... the 'one person, one vote' doctrine announced by the United States Supreme Court construing the 14th Amendment applies to the Board of County Commissioners in South Dakota." The South Dakota Legislature has further mandated for the equal apportionment of county commissioner districts in SDCL 7-8-10:

Decennial revision of commissioner districts-At large elections.-It shall be the duty of the board of county commissioners at its regular meeting in January, 1972 and every ten years thereafter, after giving notice by publication for one week in the official newspapers of the county, to change the boundaries of the commissioner districts whenever such change shall be necessary in order that each district shall be as regular and compact in form as practicable and it shall so divide and redistrict its county that each district may contain as near as possible an equal number of electors, as determined by the master registration list of the county; or the board may, at its discretion, choose to have all of its commissioners run at large. (Emphasis added).

Since the Butte County Commissioners failed to redistrict in 1972 in compliance with SDCL 7-8-10, it is my opinion that they should do so as soon as possible following the statutory requirements set forth in SDCL 7-8-10.

Respectfully submitted,

William Janklow
Attorney General

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