Governor of Kentucky - Qualifications and Term

Qualifications and Term

Candidates for the office of governor of Kentucky must be at least thirty years of age and have resided in the state for at least six years preceding the general election. The residency requirement was increased from two years to six years in the constitution of 1799 and all subsequent constitutions. The 1792 constitution—the state's first—also included an exception for candidates who had been absent from the state "on the public business of the United States or of this State." The age requirement was raised from thirty years to thirty-five years in the 1799 constitution and was returned to thirty years in the 1891 constitution.

A prohibition against any person concurrently holding the office of governor and a federal office appears in the first three state constitutions, but is absent in the state's current charter. Additionally, the 1799 constitution barred a "minister of any religious society" from holding the office. This language was possibly aimed at the sitting governor, James Garrard, who was an ordained Baptist minister and had frequently clashed with the legislature. The prohibition against ministers holding the office remained in the 1850 constitution, but was removed from the 1891 constitution.

In the 1891 constitution, a section was included that forbade anyone from holding any state office—including the office of governor—who had "either directly or indirectly, give, accept or knowingly carr a challenge to any person or persons to fight in single combat, with a citizen of this State, with a deadly weapon, either in or out of the State". This provision reflected the prevalence of duelling in the South at the time. Though anachronistic, the provision remains in the state constitution and the gubernatorial oath of office, which states:

The governor's term has been for four years in all four state constitutions. The governor was not term-limited in the 1792 constitution, but in the 1799 constitution, the governor was made ineligible for re-election for seven years following the expiration of his term. The provision did not apply to then-sitting governor James Garrard, who was re-elected in 1799. In the 1850 constitution, the period of ineligibility following the expiration of the governor's term was shortened to four years, and it remained so in the 1891 constitution. In 1953, Governor Lawrence Wetherby lamented the challenges presented by the term limit coupled with biennial legislative sessions:

A Kentucky governor is elected under our constitution for four years without legal opportunity, regardless of how acceptable his program has been, to put it before the public for approval or rejection. In practical application he must successfully run the legislative gauntlet during the first hurried ninety days he is in office if he is to adopt a program and have an administration worthy of history's harsh pen. The remaining general assembly two years hence is invariably plagued with vicissitudes common to 'lame duck' tenures.

The idea of removing the gubernatorial term limit was first proposed in the 1850 constitutional convention, but was vigorously opposed by some of the state's best known statesmen of the day, including Archibald Dixon, Garrett Davis, Benjamin Hardin, and Charles A. Wickliffe. Not until 1992 was an amendment to the state constitution passed to help ameliorate the situation by making the governor eligible to succeed himself one time before becoming ineligible for four years. Succession amendments had been proposed and defeated during the administrations of John Y. Brown, Jr. and Wallace Wilkinson, but then-Governor Brereton Jones was able to see it passed because, unlike Brown and Wilkinson, he was willing to exempt the present incumbents, including himself, from the succession provision. Paul E. Patton, with victories in the elections of 1995 and 1999, was the first governor to be elected to consecutive terms since the 1992 amendment. Another constitutional amendment, passed in November 2000, called for a 30-day legislative session to be held in odd-numbered years between the longer 60-day sessions held in even-numbered years.