William O. Douglas

“ If the legislature is used to determine the outcome of a general election, the votes cast in that election would be weighted, contrary to the principle of 'one person, one vote.' All the vices we found inherent in the county unit system in Gray v. Sanders are inherent when the choice is left to the legislature. A legislator when voting for governor has only a single vote. Even if he followed the majority vote of his constituency, he would necessarily disregard the votes of those who voted for the other candidate, whether their votes almost carried the day or were way in the minority. ”

“ It is whether the legislature may make the final choice when the election has been entrusted to the people and no candidate has received a majority of the votes. In other words, the legislative choice is only a part of the popular election machinery. The 1824 amendment to the 1798 Constitution of Georgia, which gave the legislature power to elect a governor, treated that stage as only one of two in the general election. ”

“ The concept of 'we the people' under the Constitution visualizes no preferred class of voters but equality among those who meet the basic qualifications.'
It is argued with earnestness that if the electoral college can be used to select a President, a legislature can be used to select a governor. ”