Opinion
May 2, 1967
Appeal from an order of the Supreme Court, Chemung County, dated August 15, 1966, which denied approval of a weighted voting plan of reapportionment for the Board of Supervisors of Chemung County. On August 8, 1966, the Board of Supervisors passed a resolution requesting the approval of a plan for weighted voting for the Board of Supervisors of Chemung County as a permanent plan of voting by the members of the board, which plan provided as follows: "Each supervisor shall have the number of votes obtained by the dividing of the population as shown by the latest federal decennial census for the town or ward from which he is elected by 735 carried to the nearest whole number." This plan of weighted voting does not meet the constitutional requirement of proportional representation on the Board of Supervisors. ( Iannucci v. Board of Supervisors, 27 A.D.2d 346. ) Order affirmed, without costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur in memorandum Per Curiam.