The 1940 New York state election was held on November 5, 1940, to elect three judges of the
New York Court of Appeals
The New York Court of Appeals is the supreme court, highest court in the Judiciary of New York (state), Unified Court System of the New York (state), State of New York. It consists of seven judges: the Chief Judge of the New York Court of Appeal ...
, a
U.S. Senator
The United States Senate is a chamber of the bicameral United States Congress; it is the upper house, with the U.S. House of Representatives being the lower house. Together, the Senate and House have the authority under Article One of the ...
New York State Assembly
The New York State Assembly is the lower house of the New York State Legislature, with the New York State Senate being the upper house. There are 150 seats in the Assembly. Assembly members serve two-year terms without term limits.
The Ass ...
and the
New York State Senate
The New York State Senate is the upper house of the New York State Legislature, while the New York State Assembly is its lower house. Established in 1777 by the Constitution of New York, its members are elected to two-year terms with no term l ...
.
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 election
Midterm elections in the United States are the Elections in the United States, general elections that are held near the midpoint of a President of the United States, president's four-year term of office, on Election Day (United States), Electi ...
s.
In November 1939, Associate Judge
Irving Lehman
Irving Lehman (January 28, 1876 – September 22, 1945) 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
He was born on January 28, 1876, in New ...
was elected
Chief Judge of the New York Court of Appeals
The Chief Judge of the New York Court of Appeals, also known as the Chief Judge of New York, supervises the seven-judge New York Court of Appeals
The New York Court of Appeals is the supreme court, highest court in the Judiciary of New York ...
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
The Socialist Labor Party (SLP)"The name of this organization shall be Socialist Labor Party". Art. I, Sec. 1 of thadopted at the Eleventh National Convention (New York, July 1904; amended at the National Conventions 1908, 1912, 1916, 1920, 192 ...
state convention met on April 27 at the Cornish Arms Hotel at 311, West Twenty-third Street in
New York City
New York, often called New York City (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...
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
The Prohibition Party (PRO) is a Political parties in the United States, political party in the United States known for its historic opposition to the sale or consumption of alcoholic beverages and as an integral part of the temperance movemen ...
filed a petition to nominate candidates for presidential electors and Congress only. They nominated Dr. Stephen W. Paine, President of
Houghton College
Houghton University is a Private university, private Christian liberal arts college in Houghton, New York, United States. Houghton was founded in 1883 by Willard J. Houghton and is affiliated with the Wesleyan Church.Republican state convention met on September 27 at
White Plains, New York
White Plains is a city in and the county seat of Westchester County, New York, United States. It is an inner suburb of New York City, and a commercial hub of Westchester County, a densely populated suburban county that is home to about one milli ...
, 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 state convention met on September 28, and nominated Leo J. Rosett and
Alexander Kahn
Alexander Kahn (May 31, 1881 – March 11, 1962) was an American lawyer and newspaper publisher who was general manager of ''The Jewish Daily Forward'' from 1939 to 1962.
Early life and education
Kahn was born on May 31, 1881, in Smolensk, Russ ...
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.''GOV. LEHMAN ASKS 3D TERM AS BLOW TO THE DICTATORS'' in NYT on October 1, 1940 (subscription required)
Result
The whole ticket nominated by Democrats and American Laborites was elected.
The incumbents Lewis, Conway, Mead, Merritt and O'Day were re-elected.
See also
*
New York state elections
The results of elections in the state of New York have tended to be more Democratic-leaning than in most of the United States, with in recent decades a solid majority of Democratic voters, concentrated in New York City and some of its suburbs, i ...
*
1940 United States presidential election
United States presidential election, Presidential elections were held in the United States on November 5, 1940. The History of the Democratic Party (United States), Democratic ticket of incumbent President Franklin D. Roosevelt and United States ...
New York
New York most commonly refers to:
* New York (state), a state in the northeastern United States
* New York City, the most populous city in the United States, located in the state of New York
New York may also refer to:
Places United Kingdom
* ...
1940
A calendar from 1940 according to the Gregorian calendar, factoring in the dates of Easter and related holidays, cannot be used again until the year 5280.
Events
Below, events related to World War II have the "WWII" prefix.
January
*Janu ...
New York
New York most commonly refers to:
* New York (state), a state in the northeastern United States
* New York City, the most populous city in the United States, located in the state of New York
New York may also refer to:
Places United Kingdom
* ...
New York
New York most commonly refers to:
* New York (state), a state in the northeastern United States
* New York City, the most populous city in the United States, located in the state of New York
New York may also refer to:
Places United Kingdom
* ...