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ADAMS v. FORT MADISON COMMUNITY SCHOOL DISTRICT

No. 54061.

182 N.W.2d 132 (1970)

Lyle E. ADAMS, Richard P. Canella, James L. Cook, JoAnn P. Dickinson, Mary E. Jenkins, John A. Keenan, Barbara E. Mansheim, and Rosma J. Stigall, Individually and/or Representative of a Class of Voters in the Fort Madison Community School District, Plaintiffs-Appellants, v. The FORT MADISON COMMUNITY SCHOOL DISTRICT IN the COUNTIES OF LEE, DES MOINES, AND HENRY, in the State of Iowa, and the Board of Directors Thereof, Defendants-Appellees.

Supreme Court of Iowa.

December 15, 1970.

Attorney(s) appearing for the Case

Pollard, Deitchler, Thomas & Lawse, Fort Madison, for plaintiffs-appellants.

Fehseke & Fehseke, Fort Madison, for defendants-appellees.

Marvin R. Adams, Des Moines, Richard C. Bauerle, Ottumwa, Richard C. Turner, Atty. Gen., and Elizabeth A. Nolan, Asst. Atty. Gen., amici curiae.

UHLENHOPP, Justice.

The question before us is whether the legislature can constitutionally require an extra majority vote in order for bond proposals to carry.

In a bond election in the Fort Madison Community School District, 53.1% of those voting voted "yes." At least a 60% affirmative vote is required by Code, 1966, §§ 296.6, 75.1. Several voters who voted "yes" bring this suit challenging those statutes.

In 1963, the United States Supreme...

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