 In 1898 , the Kentucky General Assembly enacted a law which created a Board of Election Commissioners , appointed by the General Assembly , who were responsible for choosing election commissioners in all of Kentucky 's counties . The Board was empowered to examine election returns and certify the results . The power to decide the outcome of disputed elections remained with the General Assembly under Section 153 of the state constitution . The law was commonly referred to as the Goebel Election Law , a reference to its sponsor , President Pro Tempore of the Kentucky Senate William Goebel . Because the General Assembly was heavily Democratic and Goebel was considered a likely Democratic aspirant for the governorship in the 1899 election , the law was attacked as blatantly partisan and self @-@ serving . Republicans organized a test case against the law , but the Kentucky Court of Appeals upheld it as constitutional . 
