Whitley v. Johnson, Civ. A. No. 4025.

Decision Date26 October 1966
Docket NumberCiv. A. No. 4025.
Citation260 F. Supp. 630
CourtU.S. District Court — Southern District of Mississippi
PartiesClifton WHITLEY et al., Plaintiffs, v. Paul B. JOHNSON, Governor of Mississippi et al., Defendants.

R. Jess Brown and Alvin J. Bronstein, Jackson, Miss., for plaintiffs.

Joe T. Patterson, Atty. Gen., Will S. Wells, Asst. Atty. Gen., Jackson, Miss., for defendants.

Before AINSWORTH, Circuit Judge, and COX and RUSSELL, District Judges.

PER CURIAM.

The plaintiffs in this case are three negro citizens of Mississippi who seek injunctive relief against the defendants as the Board of Election Commissioners of Mississippi to restrain their application and use of House Bill 68, Mississippi Laws 1966 to these plaintiffs to prevent them from appearing on the ballot as candidates for the office of United States Senator and United States House of Representatives in the general election on November 8, 1966. It is contended that this legislative enactment is violative of § 5 of the Civil Rights Act of 1965 and that the Fifteenth Amendment rights of these plaintiffs will be violated by a refusal to place their names as candidates on such ballot. The defendants declined to place the names of these proposed candidates on such ballot because two of them had run and had been defeated as Democratic candidates for such offices in the June 1966 primary election in Mississippi and that they were thus disqualified to run again as independent candidates for the same office at the succeeding general election. The defendants likewise refused to place the names of the plaintiffs on the ballot at the coming November 1966 general election because their petitions or applications to the Board of Election Commissioners did not contain the requisite number of signatures of qualified electors under House Bill 68, Mississippi Laws 1966 to entitle them to a place on said ballot.

FINDING OF FACTS

This case was presented to the Court on the pleadings, affidavit of one witness and documentary evidence in support of this application by the plaintiffs for an interlocutory or temporary injunction. The plaintiffs' application to the Board of Election Commissioners contained the signatures of the requisite number of qualified electors to entitle each of the plaintiffs to have his and her name placed on the ballot as a candidate for the office of United States Senator and as candidates for the office of United States House of Representatives under the requirements of § 3260, prior to the passage of House Bill 68, Mississippi Laws 1966. No adjudication was sought or obtained as to whether or not said House Bill 68, Mississippi Laws 1966 denied or abridged any right to vote on account of race or color as provided by 42 U.S.C.A. § 1973c. This suit has been expeditiously processed and heard on the eve of such general election as quickly as was reasonably possible under existing circumstances and conditions. This is an extremely important suit to all parties affected and concerned and involves some very far reaching and intricate and complicated questions of law and fact which should not be resolved in haste at the risk...

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2 cases
  • Allen v. State Board of Elections Fairley v. Patterson Bunton v. Patterson Whitley v. Williams 36
    • United States
    • U.S. Supreme Court
    • March 3, 1969
    ...decision on the merits, a three-judge District Court ordered appellants placed on the 1966 general election ballot. Whitley v. Johnson, 260 F.Supp. 630 (D.C.S.D.Miss.1966). Later, other members of the class which appellants represent were denied places on the ballot for the 1967 general ele......
  • Whitley v. Johnson, Civ. A. No. 4025.
    • United States
    • U.S. District Court — Southern District of Mississippi
    • October 27, 1967
    ...for national office be placed on the ballot to be used by the electors at the general election in Mississippi on November 8, 1966. 260 F.Supp. 630. The Court did not pass on the question whether House Bill 68 denies or abridges any right to vote on account of race or color as provided by 42......

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