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GORDON v. MEEKS

No. 24959.

394 F.2d 3 (1968)

Robert S. GORDON, Appellant, v. J. Paul MEEKS, as Judge of Probate of Jefferson County, Alabama, et al., Appellees.

United States Court of Appeals Fifth Circuit.

April 22, 1968.

Attorney(s) appearing for the Case

Charles Cleveland, Gordon, Cleveland & Chancey, Birmingham, Ala., for appellant.

Earl McBee, Maurice F. Bishop, J. M. Breckenridge, Birmingham, Ala., for all appellees except J. C. Blakey, as custodian of voting machines.

Bishop & Carlton, Birmingham, Ala., for J. C. Blakey, as custodian of voting machines.

Before COLEMAN and CLAYTON, Circuit Judges, and JOHNSON, District Judge.

PER CURIAM:

The Alabama Mayor-Council Act of 1955, governing the election of members of the city council of Birmingham, requires that the ballot of any voter who votes for a lesser number of candidates than the number of seats to be filled at that particular election shall not be counted for any candidate. In other words, in a Birmingham election in which five councilmen are to be elected the voter must vote for five candidates or his ballot will be considered a nullity...

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