Three governors controversy

[1] When Eugene Talmadge's health issues became evident in the fall of 1946, his supporters believed this provision would require the General Assembly to choose between the second- and third-placed candidates in case of his death, and thus prepared by organizing enough write-in votes to ensure his son Herman Talmadge would take part.

[6] After this, the General Assembly then declined to certify Eugene Talmadge as the winner, instead resolving that "no person had a majority of the whole number of votes" because of his death.

It defined the General Assembly's role in certification as purely ministerial, and held that the constitution did not allow it any discretion in the process, including considering the death of a candidate.

[7] Ironically, the court then resolved the initial controversy of who should have been governor after certification in favor of Ellis Arnall; since the constitution defined the gubernatorial term as four years but stipulated it does not expire until a successor is "chosen and qualified", and a dead person is not qualified, the court held Arnall should have continued serving as governor.

[7] Following the court's decision, Herman Talmadge ceded the office of governor to Thompson, ending the controversy.