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MORRIS v. FORTSON

Civ. A. No. 10483.

261 F.Supp. 538 (1966)

John MORRIS, Florence Robin, Laura Seabron, Mary Patrick, Dorothy Clark, and Eva Nash, for themselves, jointly and severally, and for all others similarly situated, Plaintiffs, v. Ben W. FORTSON, as Secretary of State of the State of Georgia, and as a member of the State Election Board of the State of Georgia, Mrs. Harry B. (Melba) Williams and Mr. H. H. (Holcomb) Perry, Jr., as members of the State Election Board of the State of Georgia, Eugene Gunby, as Ordinary of Fulton County, Georgia, and all other Ordinaries of Georgia, jointly and severally, who are similarly situated, Defendants.

United States District Court N. D. Georgia, Atlanta Division.

October 28, 1966.

Attorney(s) appearing for the Case

Morris Brown, Charles Morgan, Jr., Maughlin McDonald, Atlanta, Ga., for plaintiffs.

Harold Sheats, County Atty., John Tye Ferguson, Asst. County Atty., Atlanta, Ga., for Eugene Gunby.

Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., Asst. Atty. Gen., Alexander Cocalis, Atty., Gerald H. Cohen, Deputy Asst. Atty. Gen., Atlanta, Ga., for defendants Fortson, Williams & Perry.

Before BELL, Circuit Judge, and MORGAN and SMITH, District Judges.

PER CURIAM.

Plaintiffs, claiming to represent the class of voters in Georgia who wish to cast write-in ballots in the General Election to be held on November 8, 1966, contend that the Election Code of Georgia is unconstitutional in several respects. They are particularly interested in the race for governor. Their contention rests on the assertion that several sections of the code,1 taken together, unduly diminish their rights as electors...

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