Governor of Kentucky - Succession

Succession

Under Kentucky's first constitution (1792), the Speaker of the Kentucky Senate became acting governor upon the death, resignation, or removal of the sitting governor from office, until a new election could be held. The 1799 constitution created the office of lieutenant governor, who acted as Speaker of the Senate, but was not otherwise considered a member of that body. The lieutenant governor was to become governor in the event of the sitting governor's death, resignation, or removal from office and was to act in a gubernatorial capacity any time the governor was out of the state. Whenever the lieutenant governor became acting governor, the Senate was to elect one of its members to act as Speaker; that individual then became next in the line of gubernatorial succession. A provision of the 1850 constitution added that, if the governor's term had more than two years remaining at the time of his death, resignation, or removal from office, a special election would be called to fill the office; the lieutenant governor would be acting governor in the interim.

In the 1891 constitution, the chain of succession was extended. It mandated that, if the Senate was not in session and therefore did not have an elected Speaker, the secretary of state, or in the event of his inability to qualify, the attorney general, would become acting governor in the event of the death, resignation, or removal from office of the sitting governor and lieutenant governor. The secretary of state or attorney general would then be required to call the Senate into session to elect a Speaker, who would subsequently become governor. A 1992 amendment to the state constitution removed the provision under which the lieutenant governor became acting governor when the sitting governor was out of the state. It also relieved the lieutenant governor of his duties in the Senate and created the office of President of the Kentucky Senate, chosen from among the state senators, who presides over the Senate. The amendment also modified the chain of succession again—it is now as follows:

1. Governor
2. Lieutenant Governor
3. President of the Senate (if the Senate is in session)
4. Attorney General (if the Senate is not in session)
5. State Auditor (if the Senate is not in session and the Attorney General fails to qualify)

If the office devolves upon the Attorney General or State Auditor, that individual is required to call the Senate into session to elect a president, who would subsequently become governor.

The first instance of gubernatorial succession in Kentucky's history occurred upon the death of Governor George Madison in 1816. Madison was extremely popular as a twice-wounded war hero. He died of tuberculosis just three weeks into his term. His lieutenant governor, Gabriel Slaughter, ascended to the governorship and immediately made two very unpopular appointments. These moves engendered much animosity toward Slaughter, and a movement began in the House of Representatives to hold a new election for governor. Leaders of the movement, including a young John C. Breckinridge, claimed that Slaughter was only the "acting governor" until a new governor was elected. The call for a new election failed in the House in 1815, but was approved by the House in 1817 only to fail in the Senate. Slaughter served out the rest of Madison's term and in so doing, established the precedent that the lieutenant governor would be the permanent successor to the governor upon the latter's death, resignation, or removal from office.

Besides Madison, four other governors have died while in office—John Breathitt, James Clark, John L. Helm, and William Goebel. All died of natural causes except Goebel, who is the only governor of any U.S. state to have been assassinated. Goebel lost the contentious 1899 gubernatorial election to William S. Taylor, but challenged the results. While the General Assembly was considering the challenge, Goebel was shot. Days later, the General Assembly decided in favor of Goebel, ousting Taylor from office and making Goebel governor. Goebel was sworn in on his sick bed and died two days later. His lieutenant governor, J. C. W. Beckham, succeeded him.

Seven men have resigned the office of governor before the end of their terms—John J. Crittenden, Beriah Magoffin, John W. Stevenson, Augustus O. Stanley, Happy Chandler, Earle C. Clements, and Wendell H. Ford. Six resigned to accept a higher office: Crittenden was appointed Attorney General of the United States and the other five were elected to the U.S. Senate. Only Beriah Magoffin resigned under duress. A Confederate sympathizer during the Civil War, Magoffin's power was entirely checked by a hostile, pro-Union legislature. With the state's government in gridlock, Magoffin agreed to resign in exchange for being able to name his successor. Lieutenant Governor Linn Boyd had died in office, and the Speaker of the Senate, John F. Fisk, was not acceptable to Magoffin as a successor. Fisk resigned as Speaker, and the Senate elected Magoffin's choice, James Fisher Robinson as Speaker. Magoffin then resigned, Robinson was elevated to governor, and Fisk was re-elected as Speaker of the Senate.

All elected officials in Kentucky, including the governor, are subject to impeachment for "any misdemeanors in office". The articles of impeachment must be issued by the House of Representatives and the trial is conducted by the Senate. If convicted, the governor is subject to removal from office and may be prohibited from holding elected office in the state thereafter. Impeached governors may also be subject to trial in the criminal or civil court system. No governor of Kentucky has been impeached.