(1) The "forty per centum" voter requirement contained in Amendment 17 to our state constitution (establishing the forty-mill property tax limitation) does not conflict with the "one man one vote" principle enunciated by the United States supreme court in its recent decisions applying the equal protection clause of Amendment 14 to the United States constitution in cases involving congressional and legislative apportionment. (2) The "forty per centum" voter requirement does not conflict with the "silent minority" quorum determination rule of the United States House of Representatives which was upheld by the supreme court in United States v. Ballin , 141 U.S. 1 (1892).
AGO 1966 NO. 83 > Apr 12 1966
CONSTITUTIONAL LAW ‑- EQUAL PROTECTION CLAUSE OF FEDERAL CONSTITUTION ‑- 'ONE MAN ONE VOTE PRINCIPLE' ‑- FORTY PERCENT VOTER REQUIREMENT OF 17TH AMENDMENT TO STATE CONSTITUTION