Three Governors controversy

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In December 1946, Eugene Talmadge, the governor-elect of Georgia, died. The state constitution did not specify who would assume the governorship in such a situation. The situation became known as the three governors controversy. Eventually a ruling by the Supreme Court of Georgia settled the matter.

Three contenders

There were three men who made claims to the governorship:

  • Eugene Talmadge's supporters had been unsure of his chances of surviving until he was sworn in so they did some research into the state constitution and concluded that if he died, the Georgia General Assembly would choose between the second- and third-place finishers. The elder Talmadge ran unopposed, so they secretly arranged, as insurance, for some write-in votes for Eugene's son, Herman Talmadge, who had run his father's successful campaign for governor.
  • The lieutenant governor-elect, Melvin E. Thompson, said that he should be sworn in as governor in Eugene Talmadge's place, upon his swearing-in as lieutenant governor.
  • Ellis Arnall, the outgoing governor, said that he should remain in office until his successor was properly sworn in.

Legislative action

Thompson wanted the General Assembly to certify the election returns before addressing the issue of who should be governor. Once the certification was done, Thompson would have a stronger claim, as the official lieutenant governor-elect/to becoming governor, but Talmadge forces were successful in postponing the certification.[1] On January 15, 1947, the General Assembly elected Herman Talmadge as governor.

Both Arnall and Thompson refused to accept the vote by the General Assembly. Thompson began legal proceedings, appealing to the Supreme Court of Georgia. Arnall physically refused to leave, so on January 15, 1947, both Talmadge and Arnall sat in the Georgia State Capitol claiming to be the governor.[2] The next day, Talmadge took control of the governor's office and arranged to have the locks changed. Arnall soon relinquished his claim and supported Thompson's claim.

Judicial action

The state's highest court, the Supreme Court of Georgia, ruled in March 1947 that the legislature had violated the state constitution by electing Talmadge governor and that Thompson should serve as acting governor until the next general election in November 1948. The court directed that in November 1948 there would be a special election at which voters would choose someone to complete Eugene Talmadage's term.

Herman Talmadge immediately gave in to the court decision, ending the controversy. He ran for governor in 1948, overwhelmingly defeating Thompson, and he served the final two years of the term for which his father had been elected

Further reading

  • Scott E. Buchanan, "Some of the People Who Ate My Barbecue Didn't Vote for Me: The Life of Georgia Governor Marvin Griffin" (Nashville: Vanderbilt University Press, 2011).
  • Harold Paulk Henderson, The Politics of Change in Georgia: A Political Biography of Ellis Arnall (Athens: University of Georgia Press, 1991).
  • Calvin Kytle and James A. Mackay, Who Runs Georgia? (Athens: University of Georgia Press, 1998).
  • Herman E. Talmadge, Talmadge: A Political Legacy, a Politician's Life (Atlanta: Peachtree, 1987).

References

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