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PITTS v. CATES

No. 75-3430.

536 F.2d 56 (1976)

Robert (Robb) PITTS, Plaintiff-Appellee, v. Goodwyn CATES et al., Plaintiffs-Intervenors-Appellants, v. George D. BUSBEE, Governor of the State of Georgia, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 28, 1976.

Attorney(s) appearing for the Case

Arthur K. Bolton, Atty. Gen., Dorothy Y. Kirkley, Asst. Atty. Gen., Robert S. Stubbs, II, Chief Deputy Atty. Gen., Don A. Langham, Deputy Atty. Gen., Timothy J. Sweeney, Senior Asst. Atty. Gen., Atlanta, Ga., for defendants-appellants Busbee & Forts.

Charles L. Weltner, Atlanta, Ga., for intervenor-appellant Cates.

Harold Sheats, East Point, Ga., for intervenor-appellant Brown.

John Tye Ferguson, Atlanta, Ga., for intervenor-appellant Cecil Turner as successor to Hammond.

J. O. Wyatt, Jr., pro se.

Henry D. Dodson, pro se.

Richard H. Johnston, pro se.

Bernard Parks, Atlanta, Ga., for appellee Pitts.

Before WISDOM, COLEMAN and GEE, Circuit Judges.

PER CURIAM:

In 1952 Georgia enacted a statutory amendment which changed the composition of the Fulton County Board of Commissioners, Georgia Laws 1952, p. 2672. This change provided that the Board should consist of three commissioners, elected from the County at large, with numbered posts. Only a plurality of votes was required to win election to any post.

Georgia Code Section 34-1513 enacted in 1970 required a majority vote for election to most offices in...

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