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FORTSON v. MORRIS

No. 800.

385 U.S. 231 (1966)

87 S.Ct. 446

17 L.Ed.2d 330

FORTSON, SECRETARY OF STATE OF GEORGIA v. MORRIS ET AL.

Supreme Court of United States.

Decided December 12, 1966.

Attorney(s) appearing for the Case

Harold N. Hill, Jr., Assistant Attorney General of Georgia, argued the cause for appellant. With him on the briefs were Arthur K. Bolton, Attorney General, G. Ernest Tidwell, Executive Assistant Attorney General, Coy R. Johnson, Assistant Attorney General, and Gerald H. Cohen and Alexander Cocalis, Deputy Assistant Attorneys General.

Charles Morgan, Jr., argued the cause for appellees Morris et al. With him on the briefs were Morris Brown and Melvin L. Wulf. Emmet J. Bondurant II argued the cause for appellees Justice et al. With him on the briefs were Francis Shackelford and Randolph W. Thrower.

MR. JUSTICE BLACK delivered the opinion of the Court.

Since 1824 a provision of the Constitution of the State of Georgia, now Art. V, § I, ¶ IV, has provided that its Governor shall be selected (1) by a majority of votes cast in a general election, and (2) if no candidate receives a majority of votes at such election, then a majority of the members of the Georgia General Assembly shall elect the Governor "from the two persons having the highest number of...

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