Gerald P. Kelleher v. Southeastern Regional Vocational Technical High School District

WISDOM, Senior Circuit Judge.

This appeal presents the question whether the one person-one vote principle applies to an apportionment scheme approved by a majority of the voters whose votes are diluted under that scheme. The district court ruled that the one person-one vote principle does not apply. We reverse. A majority of voters cannot waive the constitutional right of a minority to an undiluted voting system.

The plaintiff in this action is a citizen of Brockton, Massachusetts. In 1963, Brock-ton and eight much smaller Massachusetts towns with widely varying populations formed the…