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.SOCIALIST LABOR SLATE in NYT on April 27, 1940 (subscription required) 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.DRYS SEEK PLACE ON BALLOT AGAIN in NYT on August 8, 1940 (subscription required)

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.REPUBLICANS MAKE 3D TERM THE ISSUE in NYT on September 28, 1940 (subscription required)

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.REDS, NAZIS SCORED IN LABOR PLATFORM in NYT on September 29, 1940 (subscription required) Rosett and Kahn declined the nomination and withdrew in favor of Democrat Desmond and Republican Lewis.LABOR PARTY REVISES ITS JUDICIAL SLATE in NYT on October 6, 1940 (subscription required)

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.

+ 1940 state election results Office Democratic ticket Republican ticket American Labor ticket Prohibition ticketJudge of the Court of AppealsEdmund H. Lewis 2,282,512 Edmund H. Lewis 3,398,724 Edmund H. Lewis 369,465(none) Judge of the Court of AppealsAlbert Conway 2,288,783Albert Conway 3,392,593Albert Conway 367,337(none) Judge of the Court of AppealsCharles S. Desmond 2,751,245Benjamin B. CunninghamBenjamin B. Cunningham (1874–1946), of Rochester, New York Supreme Court justice 1920-36, Appellate Division 4th Dept. 1937-44, Presiding Justice 1944 2,840,747Charles S. Desmond 426,202(none) U.S. SenatorJames M. Mead 2,893,407Bruce Barton 2,868,252James M. Mead 381,359Stephen W. Paine 4,944U.S. Representative-at-largeCaroline O'Day 2,831,398Mary H. Donlon 2,830,517Caroline O'Day 367,621Helen G. H. EstelleHelen G. H. Estelle, of Poughkeepsie, ran also for Secretary of State in 1922 5,679U.S. Representative-at-largeMatthew J. Merritt 2,821,216Messmore KendallMessmore Kendall (1872–1959), lawyer, President of the Capitol Theatre, Messmore Kendall Dies at 86 in NYT on May 2, 1959 (subscription required) 2,812,096Matthew J. Merritt 361,720Neil D. CranmerNeil Dow Cranmer, of Elmira, ran also for Comptroller in 1914 and 1926; and for Secretary of State in 1916 5,212

See also New York state elections 1940 United States presidential election

Notes

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