Ortiz

In this case we consider the validity of an ordinance adopted by the Board of Supervisors (hereinafter Board) of Madera County redistricting supervisorial districts in the County of Madera (hereinafter County). For reasons hereinafter discussed we conclude that the ordinance was ineffective for use in the June 3, 1980, election because a redistricting ordinance may not go into effect immediately.

On February 4, 1980, the Board adopted ordinance No. 355C. Section 6 of that ordinance provided that the ordinance shall take effect immediately pursuant to subdivisions (a) and (b) of Government Code section 25123.

Petitioners, who are County residents, brought suit on April 1, 1980, before the United States District Court for the Eastern District of California, challenging the ordinance as being violative of the United States Constitution as well as of those provisions of the California Constitution reserving the power of referendum to the people of this state. The United States District Court issued a temporary restraining order enjoining respondents from proceeding with preparations for the June 3, 1980, supervisorial primary. That temporary restraining order was dissolved…