Why would the courts have chosen M. E. Thompson as the rightful governor?

Background

In the summer of 1946 Eugene Talmadge won the Democratic primary for governor for the fourth time. His election was assured because the Republican Party in Georgia was not viable and had no nominee. However, Talmadge was not healthy, and his close friends began to fear that he would not live until the November general election or would die before his inauguration in January 1947.

After a great deal of legal research, Talmadge's followers found dubious constitutional and statutory precedence for the state legislature's electing a governor if the governor-elect died before taking office. According to their findings, the General Assembly could choose between the second- and third-place vote-getters from the general election. Because no Republican candidate would be running, the Talmadge forces reasoned that a write-in candidate with enough votes statewide would be second or third behind Talmadge, and the General Assembly could choose that candidate if the situation warranted. The Talmadge stalwarts therefore chose to run Talmadge's son, Herman, as a secret write-in candidate.

There was one problem with this plan: the new state constitution created the office of lieutenant governor, which would be filled for the first time in the 1946 election. The lieutenant governor would become chief executive if the governor died in office. The constitution was not clear about whether the lieutenant governor–elect would succeed if the governor-elect died before he took the oath of office. Melvin E. Thompson, a member of the anti-Talmadge camp, was elected lieutenant governor in 1946. Naturally, the Talmadge forces were not eager for Thompson to become the next governor.

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