The1940 New York state election was held on November 5, 1940, to elect three judges of theNew York Court of Appeals, aU.S. Senator and twoU.S Representatives-at-large, as well as all members of theNew York State Assembly and theNew York State Senate.
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 theUnited States midterm elections.
In November 1939, Associate JudgeIrving Lehman was electedChief Judge of the New York Court of Appeals to take office on January 1, 1940. RepublicanCharles 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 JudgeIrving G. Hubbs tendered his resignation effective December 31. Republican Edmund H. Lewis was appointed to fill the vacancy temporarily.
On December 7, 1939, Associate JudgeJohn 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.
TheSocialist Labor state convention met on April 27 at the Cornish Arms Hotel at 311, West Twenty-third Street inNew 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.
TheProhibition Party filed a petition to nominate candidates for presidential electors and Congress only. They nominated Dr.Stephen W. Paine, President ofHoughton College, for the U.S. Senate; and Neil D. Cranmer and Helen G.H. Estelle for Congress at-large.[2]
TheRepublican state convention met on September 27 atWhite 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]
TheAmerican Labor state convention met on September 28, and nominated Leo J. Rosett andAlexander 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]
TheDemocratic 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]
The whole ticket nominated by Democrats and American Laborites was elected.
The incumbents Lewis, Conway, Mead, Merritt and O'Day were re-elected.
| 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 |
