1. Background

2. Nominations
    Democratic primary  Other parties with ballot line  Minor parties 

3. Result

4. Aftermath

5. Notes

6. Sources

7. See also

The 1974 New York state election was held on November 5, 1974, to elect the Governor, the Lieutenant Governor, the State Comptroller, the Attorney General, two judges of the New York Court of Appeals and a U.S. Senator, as well as all members of the New York State Assembly and the New York State Senate.

Background

In 1973, Governor Nelson A. Rockefeller resigned, and was succeeded by Lt. Gov. Malcolm Wilson.

In 1973, Judge Charles D. Breitel was elected Chief Judge of the New York Court of Appeals, and Judge Adrian P. Burke resigned, effective December 31, 1973, thus leaving two vacancies on the Court of Appeals. In January 1974, Republican Samuel Rabin and Democrat Harold A. Stevens, the Presiding Justices of the Appellate Division's First and Second Departments, were appointed by Governor Malcolm Wilson to fill the vacancies temporarily.^[1]

Nominations

Democratic primary

The Democratic State Committee met from June 13 to 15 at Niagara Falls, New York, and designated Howard J. Samuels for Governor, but Congressman Hugh L. Carey polled enough votes to force a primary election.^[2] They also designated Mario M. Cuomo for Lieutenant Governor;^[3] the incumbent Arthur Levitt for Comptroller; Robert R. Meehan for Attorney General; Judge Harold A. Stevens and Appellate Justice Lawrence H. Cooke for the Court of Appeals; and Mayor of Syracuse Lee Alexander for the U.S. Senate.^[4] Despite the state committee's stance, Carey and his reformist slate found support in disparate quarters. In August he was strongly endorsed by former New York City mayor Robert F. Wagner who, drawing a pointed comparison to Samuels, called Carey "free of boss ties and obligations".^[5] The primary election was held on September 10.^[6] Carey and his allies swept to victory: all the state party's designees were defeated, with only the unopposed Comptroller Levitt and one unopposed judge surviving the upset.

Other parties with ballot line

The Republican State Committee met on June 12 at the Nassau Coliseum, and designated the incumbents Wilson, Lefkowitz, Rabin, Stevens and Javits for re-election; and completed the ticket with Nassau County Executive Ralph G. Caso for Lieutenant Governor; and Ex-Mayor of Rochester Stephen May for Comptroller.^[8] On June 28, Rabin declined to run because he was already 69, just one year short of the constitutional age limit,^[9] and on July 22, Appellate Justice Louis M. Greenblott, of Binghamton, was designated instead.^[10]

The Conservative State Committee met on June 15, and designated the incumbent Republican Governor Wilson for re-election. T. David Bullard polled enough votes to force a primary election, but withdrew on June 29.^[11] They also designated Republican Ralph G. Caso for Lieutenant Governor; Bradley J. Hurd (born c. 1902), "lumber dealer," of Buffalo, for Comptroller; Edward F. Campbell (born c. 1920), of Huntington, for Attorney General; the incumbent Democrat Harold A. Stevens, and Manhattan lawyer Henry S. Middendorf, Jr., for the Court of Appeals; and Barbara A. Keating, of Larchmont, for the U.S. Senate.^[12]

The Liberal State Committee met on June 15, and designated Ex-Deputy Mayor of New York Edward A. Morrison for Governor; and Raymond B. Harding, of The Bronx, for Lieutenant Governor; with the understanding that both would step aside in favor of the winners of the Democratic primary to be held in September. They also endorsed the incumbents Levitt (Dem.), Lefkowitz (Rep.), Stevens (Dem.) and Javits (Rep.) for re-election.^[13] On September 14, Morrison and Harding withdrew, and the State Committee endorsed the Democratic nominees Hugh L. Carey for Governor; and Mary Anne Krupsak for Lieutenant Governor. Morrison and Harding were nominated to run for the New York Supreme Court.^[14]

The Republican, Liberal and Conservative tickets designated by the state committees were not challenged in primaries.

Minor parties

Six minor parties filed petitions to nominate candidates and appeared on the ballot.^[15]

The "Courage Party," the New York state branch of the American Party, nominated Dr. Wayne S. Amato (born c. 1941), Ph.D. in chemical engineering, assistant professor at Syracuse University, for Governor; Charles R. Schanger, of Redford, for Lieutenant Governor; and Dr. William F. Dowling, Jr., dentist, of Garden City, for the U.S. Senate.^[16]

The Free Libertarian Party nominated Jerry Tuccille, of Tarrytown, for Governor; Louis J. Sicilia, of Manhattan, for Lieutenant Governor; Robert S. Flanzer, of Brooklyn, for Comptroller; Leland W. Schubert, of Manhattan, for Attorney General; Melvin J. Hirshowitz and Jack A. Martin, both of Manhattan, for the Court of Appeals; and Percy L. Greaves, Jr., for the U.S. Senate.^[17]

The Socialist Workers Party nominated Derrick Morrison (born 1946), of Manhattan, a writer for The Militant, for Governor. Morrison was actually ineligible for the office which requires a minimum age of 30. They also nominated James Mendietta, of Brooklyn, for Lieutenant Governor; Sam Manuel for Comptroller; Raymond Markey (born c. 1940), librarian, for Attorney General; and Rebecca Finch (born c. 1944) for the U.S. Senate.^[18]

The Communist Party nominated Jose A. Ristorrucci (born c. 1943 in Puerto Rico) for Governor; Carol Twigg, of Buffalo, for Lieutenant Governor; Daniel Spector, of Brooklyn, for Comptroller; Michael Zagarell for Attorney General; and Mildred Edelman, of Manhattan, for the U.S. Senate.

The Socialist Labor Party nominated John Emanuel for Governor; and Robert E. Massi (born c. 1944), lawyer, of Brooklyn, for the U.S. Senate.

The U.S. Labor Party nominated Anton Chaitkin for Governor; Victoria Staton for Lieutenant Governor; Leif O. Johnson, of Manhattan, for Comptroller; Raymond M. Martino, of Goshen, for Attorney General; and Elijah C. Boyd, Jr. (born c. 1944), of manhattan, for the U.S. Senate.

Result

The incumbents Levitt, Lefkowitz and Javits were re-elected. The incumbents Wilson and Stevens were defeated.

Obs.:

• The number is total of votes on Democratic and Liberal tickets for Carey/Krupsak, total of votes on Republican and Conservative tickets for Wilson/Caso, and total of votes on Republican and Liberal tickets for Javits.
• The vote for Governor is used to define ballot access, for automatic access are necessary 50,000 votes.

Aftermath

This was the last time judges of the Court of Appeals were elected by popular ballot. After the election of Jacob D. Fuchsberg, who had entered the Democratic primary by petition, gathering signatures, the political and legal establishment thought that the filling of vacancies on the State's highest court could not be entrusted to the electorate anymore. Traditionally, the nominees had been selected by the party leaders and ratified by the state conventions from among the most experienced and respected judges of lower courts, with occasional intrusions of well-respected politicians who were lawyers, like Kenneth Keating. Even the New York City Bar Association had urged the defeat of Fuchsberg,^[22] a trial lawyer without any experience on the bench, who campaigned vigorously and spent much money on his campaign.

Traditionally, the nominees for the Court of Appeals did not campaign at all and just accompanied the remainder of the ticket, most of the nominees having bipartisan backing during the last 60 years. The impression arose that any shyster or ambulance chaser could get on the Court of Appeals if he was an enrolled party member and gathered signatures to get into the primary by petition and then spent a lot of money to make his name known to the voters. Thus, in 1977, the State Constitution was amended, and, since 1978, vacancies on the Court of Appeals have been filled by appointment: a judicial selection panel submits names to the Governor who nominates one from the list for confirmation by the New York State Senate.

Notes

Sources

• Official result: [https://www.nytimes.com/1974/12/10/archives/state-certifies-election-results-careys-margin-put-at-808836.html State Certifies Election Results; Carey's Margin Put at 808,836] in NYT on December 10, 1974 (subscription required)

New York State Red Book 1975

See also

• New York gubernatorial elections
• New York state elections

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