1940 New York state election: Difference between revisions

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The 1940 New York state election was held on November 5, 1940, to elect three judges of the New York Court of Appeals, a U.S. Senator and two U.S Representatives-at-large, as well as all members of the New York State Assembly and the New York State Senate.

Background

After the increase of the gubernatorial term to four years, by an amendment to the State Constitution in 1937, this was the first presidential-election year without a gubernatorial election since 1892. From 1938 on, the New York gubernatorial elections have been held at the same time as the United States midterm elections.

In November 1939, Associate Judge Irving Lehman was elected Chief Judge of the New York Court of Appeals to take office on January 1, 1940. Republican Charles B. Sears 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 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 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 state convention met on April 27 at the Cornish Arms Hotel at 311, West Twenty-third Street in New York City 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.^[1] 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 filed a petition to nominate candidates for presidential electors and Congress only. They nominated Dr. Stephen W. Paine, President of Houghton College, for the U.S. Senate; and Neil D. Cranmer and Helen G.H. Estelle for Congress at-large.^[2]

The Republican state convention met on September 27 at White Plains, New York, 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.^[3]

The American Labor 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.^[4] Rosett and Kahn declined the nomination and withdrew in favor of Democrat Desmond and Republican Lewis.^[5]

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.^[6]

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 ticket		Prohibition ticket
Judge of the Court of Appeals	Edmund H. Lewis	2,282,512	Edmund H. Lewis	3,398,724	Edmund H. Lewis	369,465	(none)
Judge of the Court of Appeals	Albert Conway	2,288,783	Albert Conway	3,392,593	Albert Conway	367,337	(none)
Judge of the Court of Appeals	Charles S. Desmond	2,751,245	Benjamin B. Cunningham^[7]	2,840,747	Charles S. Desmond	426,202	(none)
U.S. Senator	James M. Mead	2,893,407	Bruce Barton	2,868,252	James M. Mead	381,359	Stephen W. Paine	4,944
U.S. Representative-at-large	Caroline O'Day	2,831,398	Mary H. Donlon	2,830,517	Caroline O'Day	367,621	Helen G. H. Estelle^[8]	5,679
U.S. Representative-at-large	Matthew J. Merritt	2,821,216	Messmore Kendall^[9]	2,812,096	Matthew J. Merritt	361,720	Neil D. Cranmer^[10]	5,212

Notes

^ SOCIALIST LABOR SLATE in NYT on April 27, 1940 (subscription required)
^ DRYS SEEK PLACE ON BALLOT AGAIN in NYT on August 8, 1940 (subscription required)
^ REPUBLICANS MAKE 3D TERM THE ISSUE in NYT on September 28, 1940 (subscription required)
^ REDS, NAZIS SCORED IN LABOR PLATFORM in NYT on September 29, 1940 (subscription required)
^ LABOR PARTY REVISES ITS JUDICIAL SLATE in NYT on October 6, 1940 (subscription required)
^ GOV. LEHMAN ASKS 3D TERM AS BLOW TO THE DICTATORS in NYT on October 1, 1940 (subscription required)
^ Benjamin B. Cunningham (1874–1946), of Rochester, New York Supreme Court justice 1920-36, Appellate Division 4th Dept. 1937-44, Presiding Justice 1944
^ Helen G. H. Estelle, of Poughkeepsie, ran also for Secretary of State in 1922
^ Messmore Kendall (1872–1959), lawyer, President of the Capitol Theatre, Messmore Kendall Dies at 86 in NYT on May 2, 1959 (subscription required)
^ Neil Dow Cranmer, of Elmira, ran also for Comptroller in 1914 and 1926; and for Secretary of State in 1916

Sources

Result (Law Preservation only): Vote for Prohibition candidates at Prohibitionists.org

@@ Line 1: / Line 1: @@
+{{Short description|none}}
+{{Use mdy dates|date=September 2023}}
 {{ElectionsNY}}
 The '''1940 New York state election''' was held on November 5, 1940, to elect three judges of the [[New York Court of Appeals]], a [[U.S. Senator from New York|U.S. Senator]] and two [[New York's At-large congressional district|U.S Representatives-at-large]], as well as all members of the [[New York State Assembly]] and the [[New York State Senate]].
 ==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.
+After the increase of the gubernatorial term to four years, by an amendment to the State Constitution in 1937, this was the first presidential-election year without a gubernatorial election since 1892. From 1938 on, the New York gubernatorial elections have been held at the same time as the [[United States midterm election]]s.
 In November 1939, Associate Judge [[Irving Lehman]] was elected [[Chief Judge of the New York Court of Appeals]] to take office on January 1, 1940. Republican [[Charles B. Sears]] 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]] 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]] 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.
+On December 7, 1939, Associate Judge [[John F. O'Brien (judge)|John F. O'Brien]] 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 Party of America|Socialist Labor]] state convention met on April 27 at the Cornish Arms Hotel at 311, West Twenty-third Street in [[New York City]] 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.<ref>[http://select.nytimes.com/gst/abstract.html?res=F10E15FE3F55177A93C5AB178FD85F448485F9 ''SOCIALIST LABOR SLATE''] in NYT on April 27, 1940 (subscription required)</ref> However, the party did not gather enough signatures to file a petition to nominate candidates, and did not appear on the ballot.
+The [[Socialist Labor Party of America|Socialist Labor]] state convention met on April 27 at the Cornish Arms Hotel at 311, West Twenty-third Street in [[New York City]] 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.<ref>[https://www.nytimes.com/1940/04/27/archives/socialist-labor-slate-party-names-candidtes-and-in-platform-attacks.html ''SOCIALIST LABOR SLATE''] in NYT on April 27, 1940 (subscription required)</ref> 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]] filed a petition to nominate candidates for presidential electors and Congress only. They nominated Dr. [[Stephen W. Paine]], President of [[Houghton College]], for the U.S. Senate; and Neil D. Cranmer and Helen G.H. Estelle for Congress at-large.<ref>[http://select.nytimes.com/gst/abstract.html?res=F70916FC385A11728DDDA10894D0405B8088F1D3 ''DRYS SEEK PLACE ON BALLOT AGAIN''] in NYT on August 8, 1940 (subscription required)</ref>
+The [[Prohibition Party]] filed a petition to nominate candidates for presidential electors and Congress only. They nominated Dr. [[Stephen W. Paine]], President of [[Houghton College]], for the U.S. Senate; and Neil D. Cranmer and Helen G.H. Estelle for Congress at-large.<ref>[https://www.nytimes.com/1940/08/08/archives/drys-seek-place-on-ballot-again-petitions-circulated-in-state.html ''DRYS SEEK PLACE ON BALLOT AGAIN''] in NYT on August 8, 1940 (subscription required)</ref>
-The [[United States Republican Party|Republican]] state convention met on September 27 at [[White Plains, New York]], 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.<ref>[http://select.nytimes.com/gst/abstract.html?res=F50D1FFF3D5D177A93CAAB1782D85F448485F9 ''REPUBLICANS MAKE 3D TERM THE ISSUE''] in NYT on September 28, 1940 (subscription required)</ref>
+The [[United States Republican Party|Republican]] state convention met on September 27 at [[White Plains, New York]], 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.<ref>[https://www.nytimes.com/1940/09/28/archives/republicans-make-3d-term-the-issue-pick-state-slate-barton-is.html ''REPUBLICANS MAKE 3D TERM THE ISSUE''] in NYT on September 28, 1940 (subscription required)</ref>
-The [[American Labor Party|American Labor]] 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.<ref>[http://select.nytimes.com/gst/abstract.html?res=FB0711FE355A167A93CBAB1782D85F448485F9 ''REDS, NAZIS SCORED IN LABOR PLATFORM''] in NYT on September 29, 1940 (subscription required)</ref> Rosett and Kahn declined the nomination and withdrew in favor of Democrat Desmond and Republican Lewis.<ref>[http://select.nytimes.com/gst/abstract.html?res=F70816FA3D5D177A93C4A9178BD95F448485F9 ''LABOR PARTY REVISES ITS JUDICIAL SLATE''] in NYT on October 6, 1940 (subscription required)</ref>
+The [[American Labor Party|American Labor]] 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.<ref>[https://select.nytimes.com/gst/abstract.html?res=FB0711FE355A167A93CBAB1782D85F448485F9 ''REDS, NAZIS SCORED IN LABOR PLATFORM''] in NYT on September 29, 1940 (subscription required)</ref> Rosett and Kahn declined the nomination and withdrew in favor of Democrat Desmond and Republican Lewis.<ref>[https://www.nytimes.com/1940/10/06/archives/labor-party-revises-its-judicial-slate-rosett-and-kahn-withdraw-in.html ''LABOR PARTY REVISES ITS JUDICIAL SLATE''] in NYT on October 6, 1940 (subscription required)</ref>
-The [[United States Democratic Party|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.<ref>[http://select.nytimes.com/gst/abstract.html?res=FB0616FD3D5D177A93C3A9178BD95F448485F9 ''GOV. LEHMAN ASKS 3D TERM AS BLOW TO THE DICTATORS''] in NYT on October 1, 1940 (subscription required)</ref>
+The [[United States Democratic Party|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.<ref>[https://select.nytimes.com/gst/abstract.html?res=FB0616FD3D5D177A93C3A9178BD95F448485F9 ''GOV. LEHMAN ASKS 3D TERM AS BLOW TO THE DICTATORS''] in NYT on October 1, 1940 (subscription required)</ref>
 ==Result==
@@ Line 31: / Line 33: @@
 |- bgcolor=lightgrey
 ! Office
-! colspan="2" | [[United States Democratic Party|Democratic]] ticket
+! colspan="2" {{party shading/Democratic}} | [[United States Democratic Party|Democratic]] ticket
-! colspan="2" | [[United States Republican Party|Republican]] ticket
+! colspan="2" {{party shading/Republican}} | [[United States Republican Party|Republican]] ticket
-! colspan="2" | [[American Labor Party|American Labor]] ticket
+! colspan="2" {{party shading/American Labor}} | [[American Labor Party|American Labor]] ticket
-! colspan="2" | [[Prohibition Party|Prohibition]] ticket
+! colspan="2" {{party shading/Prohibition}} | [[Prohibition Party|Prohibition]] ticket
 |-
 |[[New York Court of Appeals|Judge of the Court of Appeals]]
-|'''[[Edmund H. Lewis]]'''
+| {{party shading/Democratic}} |'''[[Edmund H. Lewis]]'''
-| align="right" |
+| align="right" | '''2,282,512'''
-|'''[[Edmund H. Lewis]]'''
+| {{party shading/Republican}} | '''[[Edmund H. Lewis]]'''
-| align="right" |
+| align="right" | '''3,398,724'''
-|'''[[Edmund H. Lewis]]'''
+| {{party shading/American Labor}} |'''[[Edmund H. Lewis]]'''
-| align="right" |
+| align="right" |   '''369,465'''
 |(none)
 | align="right" |
 |-
 |[[New York Court of Appeals|Judge of the Court of Appeals]]
-|'''[[Albert Conway]]'''
+| {{party shading/Democratic}} |'''[[Albert Conway]]'''
-| align="right" |
+| align="right" | '''2,288,783'''
-|'''[[Albert Conway]]'''
+| {{party shading/Republican}} |'''[[Albert Conway]]'''
-| align="right" |
+| align="right" | '''3,392,593'''
-|'''[[Albert Conway]]'''
+| {{party shading/American Labor}} |'''[[Albert Conway]]'''
-| align="right" |
+| align="right" |   '''367,337'''
 |(none)
 | align="right" |
 |-
 |[[New York Court of Appeals|Judge of the Court of Appeals]]
-|'''[[Charles S. Desmond]]'''
+| {{party shading/Democratic}} |'''[[Charles S. Desmond]]'''
-| align="right" | 3,177,447
+| align="right" | '''2,751,245'''
-|Benjamin B. Cunningham<ref>Benjamin B. Cunningham (1874–1946), of [[Rochester, New York|Rochester]], [[New York Supreme Court]] justice 1920-36, [[New York Supreme Court, Appellate Division|Appellate Division 4th Dept.]] 1937-44, Presiding Justice 1944</ref>
+|[[Benjamin Cunningham|Benjamin B. Cunningham]]<ref>Benjamin B. Cunningham (1874–1946), of [[Rochester, New York|Rochester]], [[New York Supreme Court]] justice 1920-36, [[New York Supreme Court, Appellate Division|Appellate Division 4th Dept.]] 1937-44, Presiding Justice 1944</ref>
 | align="right" | 2,840,747
-|'''[[Charles S. Desmond]]'''
+| {{party shading/American Labor}} |'''[[Charles S. Desmond]]'''
-| align="right" |
+| align="right" | '''426,202'''
 |(none)
 | align="right" |
 |-
 |[[List of United States Senators from New York|U.S. Senator]]
-|'''[[James M. Mead]]'''
+| {{party shading/Democratic}} |'''[[James M. Mead]]'''
-| align="right" | 3,274,766
+| align="right" | '''2,893,407'''
 |[[Bruce Fairchild Barton|Bruce Barton]]
 | align="right" | 2,868,252
-|'''[[James M. Mead]]'''
+| {{party shading/American Labor}} |'''[[James M. Mead]]'''
-| align="right" |
+| align="right" | '''381,359'''
 |[[Stephen W. Paine]]
 | align="right" | 4,944
 |-
 |[[New York's At-large congressional district|U.S. Representative-at-large]]
-|'''[[Caroline Love Goodwin O'Day|Caroline O'Day]]'''
+| {{party shading/Democratic}} |'''[[Caroline Love Goodwin O'Day|Caroline O'Day]]'''
 | align="right" | '''2,831,398'''
-|[[Mary Donlon Alger|Mary H. Donlon]]
+|[[Mary H. Donlon]]
 | align="right" | 2,830,517
-|'''[[Caroline Love Goodwin O'Day|Caroline O'Day]]'''
+| {{party shading/American Labor}} |'''[[Caroline Love Goodwin O'Day|Caroline O'Day]]'''
 | align="right" | '''367,621'''
 |Helen G. H. Estelle<ref>Helen G. H. Estelle, of [[Poughkeepsie, New York|Poughkeepsie]], ran also for Secretary of State in 1922</ref>
@@ Line 87: / Line 89: @@
 |-
 |[[New York's At-large congressional district|U.S. Representative-at-large]]
-|'''[[Matthew J. Merritt]]'''
+| {{party shading/Democratic}} |'''[[Matthew J. Merritt]]'''
 | align="right" | '''2,821,216'''
-|Messmore Kendall<ref>Messmore Kendall (1872–1959), lawyer, President of the [[Capitol Theatre (New York City)|Capitol Theatre]], [http://select.nytimes.com/gst/abstract.html?res=FA0916FA3A58137B93C0A9178ED85F4D8585F9 ''Messmore Kendall Dies at 86''] in NYT on May 2, 1959 (subscription required)</ref>
+|Messmore Kendall<ref>Messmore Kendall (1872–1959), lawyer, President of the [[Capitol Theatre (New York City)|Capitol Theatre]], [https://select.nytimes.com/gst/abstract.html?res=FA0916FA3A58137B93C0A9178ED85F4D8585F9 ''Messmore Kendall Dies at 86''] in NYT on May 2, 1959 (subscription required)</ref>
 | align="right" | 2,812,096
-|'''[[Matthew J. Merritt]]'''
+| {{party shading/American Labor}} |'''[[Matthew J. Merritt]]'''
 | align="right" | '''361,720'''
 |Neil D. Cranmer<ref>Neil Dow Cranmer, of [[Elmira, New York|Elmira]], ran also for Comptroller in 1914 and 1926; and for Secretary of State in 1916</ref>
@@ Line 106: / Line 108: @@
 ==See also==
 *[[New York state elections]]
-*[[United States presidential election, 1940]]
+*[[1940 United States presidential election]]
-{{New York state elections}}
+{{New York elections}}
+[[Category:1940 New York (state) elections| ]]
+[[Category:1940 elections in the United States by state|New York]]
 [[Category:New York state elections|1940]]
-[[Category:United States Senate elections, 1940]]
+[[Category:1940 United States Senate elections|New York]]
-[[Category:United States House of Representatives elections, 1940]]
+[[Category:1940 United States House of Representatives elections|New York]]
-[[Category:New York elections, 1940]]