New York state election, 1940
Encyclopedia
The 1940 New York state election was held on November 5, 1940, to elect three judges of the New York Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...

, a U.S. Senator and two U.S Representatives-at-large
New York's At-large congressional district
Briefly from 1873 to 1875, and 1883-1885 with one representative respectively, and again from 1933 through 1945, after New York was apportioned two extra seats in the United States House of Representatives, the state elected representatives at-large, instead of from districts...

, as well as all members of the New York State Assembly
New York State Assembly
The New York State Assembly is the lower house of the New York State Legislature. The Assembly is composed of 150 members representing an equal number of districts, with each district having an average population of 128,652...

 and the New York State Senate
New York State Senate
The New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms. There are no limits on the number of terms one may serve...

.

Background

After the adoption of the revised State Constitution of 1938, this was the first presidential-election year without a gubernatorial election since 1892. From 1938 on, the gubernatorial elections have been held in the middle of the presidential term and vice-versa, both having now a four-year term.

In November 1939, Associate Judge Irving Lehman
Irving Lehman
Irving Lehman was an American lawyer and politician from New York. He was Chief Judge of the New York Court of Appeals from 1940 until his death in 1945.- Biography:...

 was elected Chief Judge of the New York Court of Appeals
Chief Judge of the New York Court of Appeals
Chief Judge of the New York Court of Appeals refers to the position of chief judge on the New York Court of Appeals.The chief judge supervises the seven-judge Court of Appeals...

 to take office on January 1, 1940. Republican Charles B. Sears
Charles B. Sears
Charles Brown Sears was an American lawyer and politician from New York.-Life:...

 was appointed to fill the vacancy temporarily. Sears reached the constitutional age limit at the end of 1940, and thus could not run for election.

On November 30, 1939, Associate Judge Irving G. Hubbs
Irving G. Hubbs
Irving G. Hubbs was an American lawyer and politician.-Biography:He graduated from Pulaski Academy in 1887, and from Cornell University Law School. He was admitted to the bar in 1891, and practiced law in Pulaski, New York until 1911 when he was elected a justice of the New York Supreme Court...

 tendered his resignation effective December 31. Republican Edmund H. Lewis was appointed to fill the vacancy temporarily.

On December 7, 1939, Associate Judge John F. O'Brien
John F. O'Brien
John Francis O'Brien was an American lawyer and politician.-Life:...

 tendered his resignation, due to ill health, effective December 31. He died on December 25, and Democrat Albert Conway was appointed to fill the vacancy temporarily.

Nominations

The Socialist Labor
Socialist Labor Party of America
The Socialist Labor Party of America , established in 1876 as the Workingmen's Party, is the oldest socialist political party in the United States and the second oldest socialist party in the world. Originally known as the Workingmen's Party of America, the party changed its name in 1877 and has...

 state convention met on April 27 at the Cornish Arms Hotel at 311, West Twenty-third Street in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...

 and nominated Emile Mass for the U.S. Senate; Aaron M. Orange and Jacob Berlin for Congress at-large; and O. Martin Olson, Bronko Papadopolos and Benjamin F. Orange for the Court of Appeals. However, the party did not gather enough signatures to file a petition to nominate candidates, and did not appear on the ballot.

The Prohibition Party
Prohibition Party
The Prohibition Party is a political party in the United States best known for its historic opposition to the sale or consumption of alcoholic beverages. It is the oldest existing third party in the US. The party was an integral part of the temperance movement...

 filed a petition to nominate candidates for presidential electors and Congress only. They nominated Dr. Stephen W. Paine
Stephen W. Paine
Stephen William Paine was President of Houghton College, and the President of the National Association of Evangelicals from 1948 to 1950.-Biography:...

, President of Houghton College
Houghton College
Houghton College is a Christian liberal arts college affiliated with the Wesleyan Church. The college is a member of both the Christian College Consortium and the Council for Christian Colleges and Universities...

, for the U.S. Senate; and Neil D. Cranmer and Helen G.H. Estelle for Congress at-large.

The Republican state convention met on September 27 at White Plains, New York
White Plains, New York
White Plains is a city and the county seat of Westchester County, New York, United States. It is located in south-central Westchester, about east of the Hudson River and northwest of Long Island Sound...

, and re-nominated the incumbents Lewis and Conway (Dem.); and Supreme Court Justice Benjamin B. Cunningham for the Court of Appeals; Congressman Bruce Barton for the U.S. Senate; and Messmore Kendall and Mary H. Donlon for Congress at-large.

The American Labor
American Labor Party
The American Labor Party was a political party in the United States established in 1936 which was active almost exclusively in the state of New York. The organization was founded by labor leaders and former members of the Socialist Party who had established themselves as the Social Democratic...

 state convention met on September 28, and nominated Leo J. Rosett and Alexander Kahn for the Court of Appeals. They also endorsed Democrats Conway, Mead, Merritt and O'Day. Rosett and Kahn declined the nomination and withdrew in favor of Democrat Desmond and Republican Lewis.

The Democratic state convention met on September 30, and re-nominated the incumbents Lewis (Rep.), Conway, Mead, Merritt and O'Day; and completed the ticket with Supreme Court Justice Charles S. Desmond for the Court of Appeals.

Result

The whole ticket nominated by Democrats and American Laborites was elected.

The incumbents Lewis, Conway, Mead, Merritt and O'Day were re-elected.
1940 state election results
Office Democratic ticket Republican ticket American Labor
American Labor Party
The American Labor Party was a political party in the United States established in 1936 which was active almost exclusively in the state of New York. The organization was founded by labor leaders and former members of the Socialist Party who had established themselves as the Social Democratic...

 ticket
Prohibition
Prohibition Party
The Prohibition Party is a political party in the United States best known for its historic opposition to the sale or consumption of alcoholic beverages. It is the oldest existing third party in the US. The party was an integral part of the temperance movement...

 ticket
Judge of the Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...

Edmund H. Lewis
Edmund H. Lewis
Edmund Harris Lewis was an American lawyer and politician from New York. He was Chief Judge of the New York Court of Appeals from 1953 to 1954.-Life:...

Edmund H. Lewis
Edmund H. Lewis
Edmund Harris Lewis was an American lawyer and politician from New York. He was Chief Judge of the New York Court of Appeals from 1953 to 1954.-Life:...

Edmund H. Lewis
Edmund H. Lewis
Edmund Harris Lewis was an American lawyer and politician from New York. He was Chief Judge of the New York Court of Appeals from 1953 to 1954.-Life:...

(none)
Judge of the Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...

Albert Conway
Albert Conway
Albert Conway was an American lawyer and politician from New York. He was Chief Judge of the New York Court of Appeals from 1955 to 1959.-Life:...

Albert Conway
Albert Conway
Albert Conway was an American lawyer and politician from New York. He was Chief Judge of the New York Court of Appeals from 1955 to 1959.-Life:...

Albert Conway
Albert Conway
Albert Conway was an American lawyer and politician from New York. He was Chief Judge of the New York Court of Appeals from 1955 to 1959.-Life:...

(none)
Judge of the Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...

Charles S. Desmond
Charles S. Desmond
Charles Stewart Desmond , was an American lawyer and politician from New York. He was Chief Judge of the New York Court of Appeals from 1960 to 1966.-Life:...

Benjamin B. Cunningham Charles S. Desmond
Charles S. Desmond
Charles Stewart Desmond , was an American lawyer and politician from New York. He was Chief Judge of the New York Court of Appeals from 1960 to 1966.-Life:...

(none)
U.S. Senator James M. Mead
James M. Mead
James Michael Mead represented New York in the United States Senate from 1938 until 1947.Born in Mount Morris, Livingston County, New York, Mead moved to Buffalo with his family at the age of four...

Bruce Barton
Bruce Fairchild Barton
Bruce Fairchild Barton was an American author, advertising executive, and politician. He served in the U.S. Congress from 1937 to 1940 as a Republican from New York.-Biography:...

James M. Mead
James M. Mead
James Michael Mead represented New York in the United States Senate from 1938 until 1947.Born in Mount Morris, Livingston County, New York, Mead moved to Buffalo with his family at the age of four...

Stephen W. Paine
Stephen W. Paine
Stephen William Paine was President of Houghton College, and the President of the National Association of Evangelicals from 1948 to 1950.-Biography:...

4,944
U.S. Representative-at-large
New York's At-large congressional district
Briefly from 1873 to 1875, and 1883-1885 with one representative respectively, and again from 1933 through 1945, after New York was apportioned two extra seats in the United States House of Representatives, the state elected representatives at-large, instead of from districts...

Caroline O'Day
Caroline Love Goodwin O'Day
Caroline Love Goodwin O'Day was an American politician. She was the third woman, and first woman Democrat, elected to Congress from New York.-Life:...

2,831,398 Mary H. Donlon
Mary Donlon Alger
Mary Donlon Alger was an American lawyer and politician. She was the first woman appointed to a federal judgeship in New York.-Life:...

2,830,517 Caroline O'Day
Caroline Love Goodwin O'Day
Caroline Love Goodwin O'Day was an American politician. She was the third woman, and first woman Democrat, elected to Congress from New York.-Life:...

367,621 Helen G. H. Estelle 5,679
U.S. Representative-at-large
New York's At-large congressional district
Briefly from 1873 to 1875, and 1883-1885 with one representative respectively, and again from 1933 through 1945, after New York was apportioned two extra seats in the United States House of Representatives, the state elected representatives at-large, instead of from districts...

Matthew J. Merritt
Matthew J. Merritt
Matthew Joseph Merritt was an American politician from New York.-Life:He attended the public and high schools, and during the First World War served in 1918 as a sergeant in Company C, Three Hundred and Twenty-seventh Battalion, Tank Corps...

2,821,216 Messmore Kendall 2,812,096 Matthew J. Merritt
Matthew J. Merritt
Matthew Joseph Merritt was an American politician from New York.-Life:He attended the public and high schools, and during the First World War served in 1918 as a sergeant in Company C, Three Hundred and Twenty-seventh Battalion, Tank Corps...

361,720 Neil D. Cranmer 5,212

Sources


See also

  • New York state elections
    New York state elections
    This is a general overview of the New York state elections.The first state election was held in June 1777, and the Governor and Lieutenant Governor were the only statewide elected officials. Besides them, the Assemblymen were elected in the counties, and the State Senators in the senatorial...

  • United States presidential election, 1940
    United States presidential election, 1940
    The United States presidential election of 1940 was fought in the shadow of World War II as the United States was emerging from the Great Depression. Incumbent President Franklin D. Roosevelt , a Democrat, broke with tradition and ran for a third term, which became a major issue...

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