Page "Governor of Kentucky" Paragraph 27

In the 1792 constitution, the governor and state senators were chosen by electors, in a manner similar to the operation of the United States Electoral College.

In the 1795 gubernatorial election, Benjamin Logan received 21 electoral votes, James Garrard received 17, Thomas Todd received 14, and John Brown received 1.

The constitution did not specify whether election required a plurality or a majority of the electoral votes cast ; in the absence of any instruction, the electors held a runoff vote, wherein most of Todd's electors voted for Garrard, giving him a majority.

The secretary of state certified Garrard's election, though Attorney General John Breckinridge questioned the legality of the second vote and Logan formally protested it.

Ultimately, Breckinridge determined that he was not empowered by the state constitution to intervene, and Logan gave up the challenge.

The 1799 constitution changed the method of selecting the governor to direct election by majority vote and prescribed that, in the event of a tie vote, the governor would be chosen by lot in the Kentucky General Assembly.

This provision has remained since 1799.