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Note: John Jay received more votes than George Clinton, but on technicalities the votes of Otsego, Tioga and Clinton counties were disqualified and not counted, giving George Clinton a slight majority. The state constitution said that the cast votes shall be delivered to the secretary of state "by the sheriff or his deputy", but, for example, Otsego County Sheriff Smith's term had expired, so at the time of the election, the sheriff's office had been legally vacant, and the votes could not be brought to the state capital by anybody legally authorized. Clinton partisans in the state legislature, in state courts and federal offices were adamant to accept any argument that this would in practice subtract the constitutional right to vote from the voters in these counties, and these votes were disqualified.
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