gray sanders argued january decided march appellee qualified voter primary general elections fulton county georgia sued federal district restrain appellants secretary state officials state democratic executive committee using georgia system basis counting votes democratic primary election nomination senator statewide officers practically equivalent election primary elections governed georgia statute amended allocate unit votes counties follows counties populations exceeding two units additional unit next persons additional unit next additional unit next two brackets thereafter two units increase candidates statewide office required receive majority votes entitled nomination first primary practical effect system vote citizen counts less less population county increases combination units counties smallest population gives counties total population state clear majority county votes held since constitutionality state statute involved question substantial one properly convened hear case required state regulation primary elections makes election process state action within meaning fourteenth amendment pp appellee like person whose right vote impaired standing sue case moot reason fact democratic committee voted hold primary election basis since act remains force govern future elections complaint dismissed pp use election system statewide election violates equal protection clause fourteenth amendment pp district correctly held system applied statewide election violates equal protection clause fourteenth amendment erred framing injunction system might used weighting votes statewide election system showed greater disparity county exists state conduct national elections pp equal protection clause requires geographical unit representative chosen designated participate election must equal vote whatever race whatever sex whatever occupation whatever income wherever home may geographical unit pp weighting votes sanctioned constitution concerns matters representation allocation senators irrespective population use electoral college choice president pp conception political equality declaration independence lincoln gettysburg address fifteenth seventeenth nineteenth amendments mean one thing one person one vote murphy freeman leverett deputy assistant attorneys general georgia argued cause appellants brief eugene cook attorney general lamar sizemore morris abram argued cause appellee brief herman heyman robert hicks attorney general kennedy special leave argued cause amicus curiae urging affirmance brief solicitor general cox assistant attorney general marshall bruce terris harold greene david rubin howard glickstein justice douglas delivered opinion suit instituted appellee qualified vote primary general elections fulton county georgia restrain appellants using georgia county unit system basis counting votes democratic primary nomination senator statewide officers declaratory relief appellants chairman secretary georgia state democratic executive committee secretary state georgia appellee alleges use county unit system counting tabulating consolidating certifying votes cast primary elections statewide offices violates equal protection clause due process clause fourteenth amendment seventeenth amendment constitutionality state statute involved question substantial one properly convened see georgia public service appellants moved dismiss also filed answer denying county unit system unconstitutional alleging designed achieve reasonable balance urban rural electoral power georgia law county given specified number representatives lower house general assembly county unit system time suit filed employed follows statewide primaries candidates nominations received highest number popular votes county considered carried county entitled two votes representative county entitled lower house general assembly majority county unit vote nominated senator governor plurality county unit vote nominated others appellee asserted total population georgia population fulton county resides residents fulton county comprised georgia total population county unit system six unit votes fulton county constituted total unit votes fulton county percentage statewide population complaint alleged echols county least populous county georgia population state population unit vote echols county total unit vote counties georgia times echols county statewide percentage population one unit vote echols county represented residents whereas one unit vote fulton county represented residents thus one resident echols county influence nomination candidates equivalent residents fulton county day hearing district georgia amended statutes challenged complaint amendment modified county unit system allocating units counties accordance bracket system instead doubling number representatives county lower house georgia assembly counties people allotted two units additional one unit allotted next persons additional unit next persons another unit next two brackets persons thereafter two units increase persons amended act candidates statewide office merely senator governor earlier act required receive majority county unit votes entitled nominated first primary addition order nominated first primary candidate receive majority popular votes unless two candidates nomination receives equal number unit votes event candidate popular majority wins candidate receives majority unit votes majority popular votes second primary required candidate receiving highest number unit votes candidate receiving highest number popular votes second primary candidate receiving highest number unit votes prevail tie unit votes candidate popular majority wins appellee allowed amend complaint challenge amended act district held amended act vices prior act stated amended act vote citizen counts less less population county residence increases supp went say counties totalling unit votes counties totalling unit votes altogether unit votes within majority county much population remaining counties range population control altogether county unit votes combination units counties smallest population gives counties population total state clear majority county units ibid ii agree district action party conduct primary constitutes state action within meaning fourteenth amendment judge sibley writing chapman king showed meticulous detail manner georgia regulates conduct party primaries pp concluded think provisions show state managers requires collaborates conduct primary puts power behind rules party adopts primary part public election machinery exclusions voters made party primary rules become exclusions enforced state also agree appellee like person whose right vote impaired smith allwright supra baker carr supra pp standing sue moreover think case moot reason fact democratic committee voted hold primary popular vote basis injunction issued act remains force complaint dismissed govern future elections addition voluntary abandonment practice relieve adjudicating legality particularly practice deeply rooted long standing case dismissed moot appellants free return old ways grant iii merits take different view nature problem district case unlike baker carr supra involve question degree equal protection clause fourteenth amendment limits authority state legislature designing geographical districts representatives chosen either state legislature federal house representatives include related problems gomillion lightfoot gerrymandering used exclude minority group participation municipal affairs present question inherent bicameral form federal government whether state may one house chosen without regard population district however analogized georgia use county unit system determining results statewide election phases federal system pointed electoral college required art ii constitution twelfth amendment election president voting strength exact proportion population recognizing electoral college set compromise enable formation union among several sovereign still hardly said system used state among counties assuming rationality absence arbitrariness end result termed invidious accordingly district already noted held use county unit system counting votes statewide election permissible disparity county excess disparity exists state recent electoral college allocation moreover district held use county unit system counting votes statewide election permissible disparity county excess disparity exists equal proportions formula representation several congress ibid assumption implicit conclusions since equality inherent electoral college since precise equality among blocs votes one state several comes election members house representatives never possible precise equality necessary statewide elections think analogies electoral college districting redistricting phases problems representation state federal legislatures conventions inapposite inclusion electoral college constitution result specific historical concerns validated collegiate principle despite inherent numerical inequality implied nothing use analogous system state statewide election specific accommodation latter ever undertaken therefore validation numerical inequality ensued question anything composition state federal legislature intimate opinion constitutional phases problem beyond said baker carr supra present case voting case cf nixon herndon nixon condon smith allwright supra georgia gives every qualified voter one vote statewide election counting votes employs county unit system end result weights rural vote heavily urban vote weights small rural counties heavier larger rural counties within limits specify qualifications voters state federal elections constitution indeed makes voters qualifications rest state law even federal elections art held lassiter northampton election board state may chooses require voters pass literacy tests provided course literacy used cloak discriminate one class group need determine limitations placed power state determine qualifications voters appellee qualified voter fifteenth amendment prohibits state denying abridging negro right vote nineteenth amendment women state statewide election weighted male vote heavily female vote white vote heavily negro vote none successfully contend discrimination allowable see terry adams one person given twice ten times voting power another person election merely lives rural area lives smallest rural county geographical unit representative chosen designated participate election equal vote whatever race whatever sex whatever occupation whatever income wherever home may geographical unit required equal protection clause fourteenth amendment concept people constitution visualizes preferred class voters equality among meet basic qualifications idea every voter equal every voter state casts ballot favor one several competing candidates underlies many decisions consistently recognized qualified voters constitutionally protected right cast ballots counted congressional elections classic see ex parte yarbrough wiley sinkler swafford templeton every voter vote entitled counted must correctly counted reported stated mosley right one vote counted dignity right put ballot box protected diluting effect illegal ballots ex parte siebold saylor rights must recognized preliminary election fact determines true weight vote see classic supra smith allwright supra concept political equality voting booth contained fifteenth amendment extends phases state elections see terry adams supra previously noted indication constitution homesite occupation affords permissible basis distinguishing qualified voters within state weighting votes sanctioned constitution concerns matters representation allocation senators irrespective population use electoral college choice president yet senators chosen seventeenth amendment choice must made people minors felons classes may excluded see lassiter northampton election board supra class voters chosen qualifications specified see constitutional way equality voting power may evaded stated gomillion lightfoot supra state exercises power wholly within domain state interest insulated federal judicial review insulation carried state power used instrument circumventing federally protected right agree district phases case think right enjoining use county unit system tabulating votes vacate judgment remand case decree conformity opinion may entered ordered footnotes house representatives shall consist representatives apportioned among several counties state follows eight counties largest population three representatives thirty counties next largest population two representatives remaining counties one representative code laws ex code order dated april restricted party primary september relief asked restricted district order defined type county unit system violated equal protection clause follows county unit system use party primary invidiously discriminatory unit less share nearest whole number proportionate population whole vote recent party gubernatorial primary vote electors party recent presidential election provided discrimination deemed invidious system disparity county excess disparity exists state recent electoral college allocation equal proportions formula representation several congress provided provision made allocations adjusted accord changes basis least ten years see note supra chief justice holt stated years ago right man give vote election person represent parliament concur making laws bind liberty property transcendent thing high nature great injury deprive look strange commons england fond right sending representatives parliament power sheriff officer deprive right yet remedy right voting right plaintiff common law consequently shall maintain action obstruction principal case brother says judge matter parliamentary thing means tender besides intricate may contrariety opinions allow action make publick officers careful observe constitution cities boroughs partial commonly elections indeed great growing mischief tends prejudice peace nation say matter jurisdiction inlarge agree incroach inlarge jurisdiction sure may determine charter granted king matter custom prescription comes us without incroaching parliament matter within jurisdiction bound oaths judge matter property determinable us ever petition heard parliament man hindered giving vote praying give remedy parliament undoubtedly say take remedy law like case determining right election candidates ashby white ld raym electoral college designed men want election president left people see doc survey electoral college political system sess george washington elected office chief magistrate nation votes total number cast electors time three vote new york yet passed electoral law north carolina rhode island yet ratified constitution therefore estimated population people president chosen voters selected people appointed state legislatures save instances maryland virginia hamilton expressed philosophy behind electoral college federalist process election affords moral certainty office president seldom fall lot man eminent degree endowed requisite qualifications talents low intrigue little arts popularity may alone suffice elevate man first honors single state require talents different kind merit establish esteem confidence whole union considerable portion necessary make successful candidate distinguished office president strong say constant probability seeing station filled characters preeminent ability virtue thought inconsiderable recommendation constitution able estimate share executive every government must necessarily good ill administration passage fifteenth seventeenth nineteenth amendments shows conception political equality belongs bygone day considered determining equal protection clause fourteenth amendment requires statewide elections see note supra reach questions presented convention system used nominating candidates lieu primary system see note supra county unit system even amended form see note supra allow candidate winning popular vote county entire unit vote county hence weighting votes continue even unit votes allocated strictly proportion population thus candidate votes particular county get entire unit vote votes different candidate worth nothing counted purpose discarded justice stewart justice clark joins concurring joining opinion judgment emphasize brother harlan dissent thought apparent read opinion case involve validity state apportionment geographic constituencies representatives state legislative assembly chosen problems equal protection clause litigation present deal basic ground rules implementing baker carr case contrary involves statewide elections senator state executive judicial officers responsible statewide constituency within given constituency room single constitutional rule one voter one vote classic justice harlan dissenting baker carr argued last term assured remove roadblocks colegrove green predecessors judicial review electoral cases likelihood never get deeper matters state legislatures predicted prodded taking satisfactory action mere prospect legal proceedings predictions proved true november apportionment seats least state legislatures challenged state federal courts besides one electoral cases one kind another already docket present case first reach plenary consideration preliminarily symptomatic swift pace current constitutional adjudication majority opinion failed mention four occasions georgia county unit system previously unsuccessfully challenged cook fortson decided turman duckworth south peters cox peters hartsfield sloan true none cases reached stage full plenary consideration light judicial history recounted justice frankfurter dissenting opinion baker carr supra et guileless fail recognize prevailing view validity county unit system open serious constitutional doubt estimate earlier situation highlighted dissenting opinion justice black douglas south peters supra unsuccessfully espoused views become law presumably two brothers also reflected views noting dissents cox hartsfield cases see also cook fortson supra justice black also noted dissent even present silence cases deemed justified premise summary disposition satisfactorily accounted grounds involving merits consider today decision supportable context nominating primary respecting candidates statewide office construes equal protection clause fourteenth amendment requiring person vote given equal weight majority says conception political equality declaration independence lincoln gettysburg address fifteenth seventeenth nineteenth amendments mean one thing one person one vote ante strikes georgia county unit system holding district declined make holding surely flies face history impressively shown opinion frankfurter baker carr one person one vote never universally accepted political philosophy england american colonies significance historical fact seems indeed recognized implies formula might obtain case involving apportionment seats state legislature federal house representatives ante independently reasons discussed moment distinction finds persuasive refutation federal electoral college whereby president chosen principles wholly opposed held constitutionally required electoral process statewide office one need close eyes circumstance electoral college born compromise take sides various attempts made change system order agree hardly said system used state among counties assuming rationality absence arbitrariness end result termed invidious indeed years ago rejected comparable situation notion political equality pronounced macdougall green challenge made illinois law requiring nominating petitions new political party signed least voters including minimum voters least counties state claim requirement made possible voters less populous counties block nomination candidates whose support confined geographically limited areas disallowing claim said assume political power function exclusively numbers disregard practicalities government thus constitution protects interests smaller greater giving senate entirely unequal representation populations strange indeed doctrinaire applying broad constitutional concepts due process equal protection laws deny state power assure proper diffusion political initiative thinly populated counties concentrated masses view fact latter practical opportunities exerting political weight polls available former constitution practical instrument government makes demands violation equal protection clause thus found mere circumstance georgia county unit system results disproportionate vote weighting important avoid extracting general language fourteenth amendment system delusive exactness louisville nashville barber asphalt holmes remains equal protection claim case core georgia diffusion voting strength favors small large counties problem familiar american political scene dissent baker carr expressed view state might rationally conclude general welfare best served apportioning seats legislature agricultural communities urban centers lest legitimate interests former submerged stronger electoral voice latter opinion recognition factor deemed irrational present situation even though considerations supporting use legislative apportionment case present given undeniably powerful influence state governor law policy making see deemed irrational state conclude candidate office one whose choice lies numerically superior electoral strength urban voters like token consider irrational georgia apply county unit system selection candidates statewide offices order assure predominantly city point view administration state affairs existing record leaves question irrationality case judged basis pure arithmetic one person one vote theory effect avoids facing problem district face holding disparities voting strength largest county fulton four smallest counties webster glascock quitman echols running respectively favor latter invidiously discriminatory tell us understand basis mere numbers unilluminated complex subtle political factors involved law say except judicial fiat disparities constitutionally invidious disproportions georgia county unit system indeed greatly line existing electoral college count presidency disparity population per electoral college vote new york largest state census alaska smallest georgia counties total greater disparity per unit vote counties disparity less thus apparent slight modification georgia plan bring within tolerance permitted federal scheme course imponderables like lay root steadfast carr refusal enter political thicket colegrove green supra turned back wise chapter history view longer escape necessity coming grips thorny problems studiously strove avoid baker carr see concurring opinion stewart dissenting opinion harlan two subsequent cases scholle hare concurring opinion clark stewart dissenting opinion harlan simon dissenting opinion harlan regard case outside general stream electoral cases two maryland mississippi county unit systems hide one head sand test rationality judicially unfamiliar field brother clark perhaps given us clue legislative inactivity absence remedy crazy quilt approach contained concurring opinion baker carr supra think formulation basic ground rules untrod area judicial competence await fully developed record case interlocutory stage temporary injunction us issued upon record consisting pleadings answers interrogatories affidavits statistical material lower described liberal use right take judicial notice matters common knowledge public concern exploration many intricate questions involved establishing criteria judging rationality took place opinion decree issued day following hearing district observed standards equal protection puts aside may appear doctrinaire extent constrained act longer existing urgency situation surely one person one vote ideology constitutionally untenable think clearly basic ground rules implementing baker carr await trial case us fully developed record know cf white motor ante matter profoundly touches barriers federal judicial state legislative authority demands nothing less vacate judgment district remand case trial advisory commission intergovernmental relations report apportionment state legislatures december informed administrative office courts december suits filed federal courts alone wmca simon wesberry sanders reynolds sims beadle scholle vann frink maryland comm fair representation tawes mcconnell frink price moss oklahoma farm bureau moss davis mann although solicitor general amicus suggests action south peters rested simply refusal exercise federal equity power noted first case cited per curiam affirmance macdougall green see infra see wechsler presidential elections constitution comment proposed amendment georgia constitution vests governor state executive power authorizes recommend legislation make reports call extraordinary sessions state general assembly issue writs election fill vacancies general assembly veto approve bills resolutions require reports various departments state const art also statute payments made state treasury without warrant issued governor code event public emergency governor authorized promulgate enforce rules regulations necessary prevent control quell violence threatened actual code involved case besides governor senator lieutenant governor secretary state justice judge appeals attorney general comptroller general commissioner labor treasurer governor general power fill vacancies offices unless otherwise provided law const art population ratio per fulton county population unit vote unit vote county fulton dekalb chatham muscogee webster glascock quitman echols statistical abstract following district injunction statewide direct primary held