Summary
In Toombs v. Fortson, 384 U.S. 210, affirming 241 F. Supp. 65, we held that with certain exceptions, not here material, the Georgia Assembly could continue to function until May 1, 1968. Consequently the Georgia Assembly is not disqualified to elect a Governor as required by Article V of the State's Constitution. Neither is it disqualified by the fact that its Democratic members had obligated themselves to support the Democratic nominee in the general election on November 8, 1966. That election is over, and with it terminated any promises by the Democratic legislators to support the Democratic nominee.
Summary of this case from Fortson v. MorrisOpinion
No. 1205.
Decided May 16, 1966.
241 F. Supp. 65, affirmed.
Francis Shackelford, Edward S. White, Emmet J. Bondurant II, Israel Katz and Hamilton Lokey for appellants.
Arthur K. Bolton, Attorney General of Georgia, and E. Freeman Leverett, Assistant Attorney General, for appellees.
The motion to affirm is granted and the judgment is affirmed.