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1938 Nebraska lieutenant gubernatorial elections

{{Short description|none}}

{{Use mdy dates|date=September 2023}}

{{Infobox election

| election_name = 1938 Nebraska lieutenant gubernatorial regular election

| country = Nebraska

| type = presidential

| ongoing = no

| previous_election = 1936 Nebraska lieutenant gubernatorial election

| previous_year = 1936

| next_election = 1940 Nebraska lieutenant gubernatorial election

| next_year = 1940

| election_date = November 8, 1938

| image1 = x160px

| nominee1 = William E. Johnson

| party1 = Republican Party (United States)

| popular_vote1 = 226,363

| percentage1 = 48.5%

| image2 = x160px

| nominee2 = Terry Carpenter

| party2 = Democratic Party (United States)

| popular_vote2 = 215,725

| percentage2 = 46.2%

| image3 = x160px

| nominee3 = John B. Elliott Jr.

| party3 = Independent politician

| popular_vote3 = 24,872

| percentage3 = 5.3%

| map_image =

| map_size =

| map_caption =

| title = Lieutenant Governor

| before_election = Walter H. Jurgensen
(removed June 26, 1938)

| before_party = Democratic Party (United States)

| after_election = William E. Johnson

| after_party = Republican Party (United States)

}}

{{ElectionsNE}}

The 1938 Nebraska lieutenant gubernatorial elections were both held on November 8, 1938. Incumbent Nebraska Lieutenant Governor Walter H. Jurgensen was convicted of a felony in March 1938 and barred from running for a fourth term as lieutenant governor in June, 1938, leaving the 1938 lieutenant gubernatorial race wide open. The vacancy caused by his removal from office brought about two elections for lieutenant governor in 1938: the regular election which always happened biennially and a special election to fill the vacancy.

The regular election, which was held to elect a lieutenant governor for the term from January 5, 1939, to January 9, 1941, featured William E. Johnson, the Republican nominee, defeating the Democratic nominee, former US Representative Terry Carpenter, and independent candidate John B. Elliott Jr.

The special election, which was held to elect a lieutenant governor to finish out the vacant term of Walter H. Jurgensen for its two remaining months from November 8, 1938, to January 5, 1939, featured Nate M. Parsons, the Democratic nominee, defeating Republican nominee Jack S. Kroh.

Regular election

=Democratic primary=

==Candidates==

==Results==

{{Election box begin no change

| title = Democratic primary results{{cite web|url=http://govdocs.nebraska.gov/epubs/S1200/S001-1938prim_gen.pdf|title=Official Report of the Nebraska State Canvassing Board Primary Election August 9, 1938, General Election November 8, 1938|author=Harry R. Swanson|access-date=May 24, 2023}}

}}

{{Election box winning candidate with party link no change

| party = Democratic Party (US)

| candidate = Terry Carpenter

| votes = 45,934

| percentage = 32.09

}}

{{Election box candidate with party link no change

| party = Democratic Party (US)

| candidate = Edward D. McKim

| votes = 17,356

| percentage = 12.13

}}

{{Election box candidate with party link no change

| party = Democratic Party (US)

| candidate = H. B. Shellenbarger

| votes = 14,916

| percentage = 10.42

}}

{{Election box candidate with party link no change

| party = Democratic Party (US)

| candidate = Phil A. Tomek

| votes = 12,464

| percentage = 8.71

}}

{{Election box candidate with party link no change

| party = Democratic Party (US)

| candidate = William H. O'Gara

| votes = 11,692

| percentage = 8.17

}}

{{Election box candidate with party link no change

| party = Democratic Party (US)

| candidate = Glen E. Carpenter

| votes = 9,372

| percentage = 6.55

}}

{{Election box candidate with party link no change

| party = Democratic Party (US)

| candidate = Henry F. Schepman

| votes = 7,515

| percentage = 5.25

}}

{{Election box candidate with party link no change

| party = Democratic Party (US)

| candidate = Henry Pedersen

| votes = 7,157

| percentage = 5.00

}}

{{Election box candidate with party link no change

| party = Democratic Party (US)

| candidate = George E. Nickles

| votes = 4,866

| percentage = 3.40

}}

{{Election box candidate with party link no change

| party = Democratic Party (US)

| candidate = Oscar L. Osterlund

| votes = 3,377

| percentage = 2.36

}}

{{Election box candidate with party link no change

| party = Democratic Party (US)

| candidate = Asa D. Scott

| votes = 3,373

| percentage = 2.36

}}

{{Election box candidate with party link no change

| party = Democratic Party (US)

| candidate = Martin L. Gable

| votes = 3,171

| percentage = 2.22

}}

{{Election box candidate with party link no change

| party = Democratic Party (US)

| candidate = James Franklin Christie

| votes = 1,940

| percentage = 1.36

}}

{{Election box end}}

=Republican primary=

==Candidates==

  • Leo J. Crosby from Omaha, Nebraska
  • C. A. "Doc" Green, candidate for the Republican nomination for lieutenant governor in 1934 and 1936 from Lincoln, Nebraska{{cite news|title=Local Mention|newspaper=Burt County Herald|date=February 27, 1936|access-date=May 27, 2023|url=https://www.newspapers.com/image/764740999/}}
  • William E. Johnson, practicing accountant, writer of economic articles for financial journals, and political newcomer from Schuyler, Nebraska{{cite news|title=Finance Expert Files for Jurgensen Post|newspaper=Omaha World-Herald|date=June 28, 1938|access-date=May 24, 2023|url=https://www.newspapers.com/image/863129071/}}{{cite news|title=Johnson in Race|newspaper=The Falls City Journal|date=June 18, 1938|access-date=May 24, 2023|url=https://www.newspapers.com/image/689657250/}}
  • Harry C. Moore from Lincoln, Nebraska
  • Robert A. Nelson
  • Clarence Reckmeyer from Fremont, Nebraska
  • Arthur B. Walker, physician from Lincoln, Nebraska{{cite web|title=State Primary Candidates|quote=Dr. A. B. Walker, Republican, 68, Lincoln; physician.|newspaper=Beatrice Daily Sun|date=June 9, 1946|url=https://www.newspapers.com/image/3846608/}}

==Results==

{{Election box begin no change

| title = Republican primary results

}}

{{Election box winning candidate with party link no change

| party = Republican Party (US)

| candidate = William E. Johnson

| votes = 22,801

| percentage = 20.08

}}

{{Election box candidate with party link no change

| party = Republican Party (US)

| candidate = Robert A. Nelson

| votes = 19,449

| percentage = 17.13

}}

{{Election box candidate with party link no change

| party = Republican Party (US)

| candidate = Leo J. Crosby

| votes = 19,023

| percentage = 16.75

}}

{{Election box candidate with party link no change

| party = Republican Party (US)

| candidate = Harry C. Moore

| votes = 17,182

| percentage = 15.13

}}

{{Election box candidate with party link no change

| party = Republican Party (US)

| candidate = C. A. Green

| votes = 12,462

| percentage = 10.97

}}

{{Election box candidate with party link no change

| party = Republican Party (US)

| candidate = Clarence Reckmeyer

| votes = 11,695

| percentage = 10.30

}}

{{Election box candidate with party link no change

| party = Republican Party (US)

| candidate = Arthur B. Walker

| votes = 10,938

| percentage = 9.63

}}

{{Election box end}}

=General election=

In the general election, in addition to Republican nominee William E. Johnson and Democratic nominee Terry Carpenter, John B. Elliott Jr. filed to run as an independent candidate by petition.{{cite news|title=Alvo Man To Run For Lieutenant Governor|newspaper=Lincoln Journal Star|date=October 6, 1938|access-date=May 24, 2023|url=https://www.newspapers.com/image/309322172/}} Elliott was a farmer and farm implement dealer from Alvo, Nebraska, who portrayed himself as a political outsider and nonpolitical candidate.{{cite news|title=Alvo Man Enters Race for Office|newspaper=Kearney Daily Hub|date=October 6, 1938|access-date=May 24, 2023|url=https://www.newspapers.com/image/708579110/}}{{cite news|title=John B. Elliott, Jr. For Lt. Governor|newspaper=The Hastings Daily Tribune|date=November 5, 1938|access-date=May 25, 2023|url=https://www.newspapers.com/image/700620683/|quote=Business man and farmer—not a political politician.}}

==Results==

{{Election box begin no change| title=Nebraska lieutenant gubernatorial election, 1938}}

{{Election box winning candidate with party link no change|

|party = Republican Party (United States)

|candidate = William E. Johnson

|votes = 226,363

|percentage = 48.48

}}

{{Election box candidate with party link no change|

|party = Democratic Party (United States)

|candidate = Terry Carpenter

|votes = 215,725

|percentage = 46.20

}}

{{Election box candidate with party link no change|

|party = Independent politician

|candidate = John B. Elliott Jr.

|votes = 24,872

|percentage = 5.33

}}

{{Election box total no change

| votes = 466,960

| percentage = 100.00

}}

{{Election box gain with party link no change|

| winner = Republican Party (United States)

| loser = Democratic Party (United States)

}}

{{Election box end}}

Special election

{{Infobox election

| election_name = 1938 Nebraska lieutenant gubernatorial special election

| country = Nebraska

| type = presidential

| ongoing = no

| previous_election = 1936 Nebraska lieutenant gubernatorial election

| previous_year = 1936

| next_election = 1940 Nebraska lieutenant gubernatorial election

| next_year = 1940

| election_date = November 8, 1938

| image1 = x160px

| nominee1 = Nate M. Parsons

| party1 = Democratic Party (United States)

| popular_vote1 = 229,780

| percentage1 = 61.7%

| image2 = x160px

| nominee2 = Jack S. Kroh

| party2 = Republican Party (United States)

| popular_vote2 = 142,557

| percentage2 = 38.3%

| map_image =

| map_size =

| map_caption =

| title = Lieutenant Governor

| before_election = Walter H. Jurgensen
(removed June 26, 1938)

| before_party = Democratic Party (United States)

| after_election = Nate M. Parsons

| after_party = Democratic Party (United States)

}}

On March 7, 1938, incumbent Nebraska Lieutenant Governor Walter H. Jurgensen was convicted of a felony for embezzling $549 in a stock transaction between a co-defendant and a railroad station agent in September 1934.{{cite news|title=Lieut. Governor Out: Nebraska Court Removes Official In Embezzling Case|newspaper=The New York Times|date=June 26, 1938|access-date=May 25, 2023|url=https://www.nytimes.com/1938/06/26/archives/lieut-governor-out-nebraska-court-removes-official-in-embezzling.html}} Jurgensen contested the conviction and sought to be renominated for a fourth term as lieutenant governor, but he was declared ineligible to participate in the primary.{{cite news|title=Time Capsule|newspaper=Omaha World-Herald|date=June 27, 2012|access-date=May 25, 2023|url=http://www.omaha.com/article/20120627/LIVING/706279981}}{{cite news|title=News, Views, and Gossip|newspaper=The Tryon Graphic|date=June 30, 1938|access-date=May 27, 2023|url=https://www.newspapers.com/image/771824578/}} He was then removed from office by the Nebraska Supreme Court on June 25, 1938, leaving the lieutenant governor's office vacant. The Nebraska Supreme Court ruled that the lieutenant governor's office became vacant on March 7 when he had been convicted of a felony since Article III, Section 23, of the Nebraska State Constitution provided at the time that "All offices created by this constitution shall become vacant by... conviction of a felony."{{cite news|title=Nebraska Loses Its Lieutenant Governor|newspaper=Pawnee Republican|date=June 30, 1938|access-date=May 27, 2023|url=https://www.newspapers.com/image/739963875/}}{{citation|title=1938 Nebraska Blue Book|author=State of Nebraska|page=138|url=http://govdocs.nebraska.gov/epubs/l3000/D001-1938.pdf}}

Since the lieutenant governor's office was now vacant, there was mixed opinion on how to handle this vacancy. The office of Nebraska lieutenant governor had not been vacant since Nebraska Lieutenant Governor Melville R. Hopewell died while in office on May 2, 1911.{{cite book|title=Encyclopedia of Nebraska|author=Nancy Capace|date=January 1, 1999|page=106|publisher=Somerset Publishers, Inc.|isbn=9780403098347 |quote=Due to his Senate post as President Pro Tempore, he stepped in as Lieutenant Governor of the State in May 1911, when the incumbent, M.R. Hopewell, died while in office.|url=https://books.google.com/books?id=rWkP0DM_upwC&pg=PA106}} At the time, the president pro tempore of the Nebraska State Senate, John H. Morehead, was considered the "Acting Lieutenant Governor" based on Article V, Section 18, of the Nebraska Constitution which provided that "If there be no lieutenant governor..., the president [pro tempore] of the senate shall act as governor until the vacancy is filled...."{{citation|title=1915 Nebraska Blue Book|page=168|url=http://govdocs.nebraska.gov/epubs/l3000/D001-1915.pdf}}{{citation|title=Gov. John Henry Morehead|website=National Governors Association|quote=As senate president, Morehead succeeded to the office of lieutenant governor, where he served from 1911 to 1912.|url=https://www.nga.org/governor/john-henry-morehead/}}

Based on this precedent, some believed that the Speaker of the Nebraska Legislature should assume the office of the lieutenant governor.{{cite news|title=Parsons Raises a Number Questions|newspaper=The Ravenna News|date=July 15, 1938|access-date=May 27, 2023|url=https://www.newspapers.com/image/750000937/}} Then Nebraska Attorney General Richard C. Hunter issued an opinion based on this precedent that then Speaker of the Nebraska Legislature Charles J. Warner (who was also a candidate for governor) could perform the duties of the lieutenant governor without assuming the office.{{cite news|title=Nebr. May Be Without a Lieutenant Gov.|newspaper=Custer County Chief|date=June 30, 1938|access-date=May 27, 2023|url=https://www.newspapers.com/image/670147595/}} Others believed that then Nebraska Governor Robert L. Cochran had the authority to appoint a lieutenant governor to fill the vacancy. When asked about Jurgensen's removal from office, Cochran said that he didn't think it was necessary to appoint a lieutenant governor at that time because "There is no necessity for haste. If the legislature were in session... it would be a different matter" since the Nebraska lieutenant governor presides over sessions of the legislature.

Others believed that, under certain Nebraska laws, a special election needed to be held to fill the vacancy. Among these was Nate M. Parsons, a pharmacist from Lincoln, Nebraska, who filed to run for the vacant term of lieutenant governor very shortly before the deadline for filing to run in the primary elections.{{cite news|title=Surprises Are Recorded Late in Filing Dash|newspaper=Norfolk Daily News|date=July 1, 1938|access-date=May 27, 2023|url=https://www.newspapers.com/image/731555904/}} Parsons argued, among other things, that Article IV, Section 18, of the Nebraska Constitution, which provided that "If there be no lieutenant governor... the president of the senate shall act as governor until the vacancy is filled,"{{citation|title=1938 Nebraska Blue Book|author=State of Nebraska|page=142|url=http://govdocs.nebraska.gov/epubs/l3000/D001-1938.pdf}} and Article V, Section 21, which provided that "Vacancies in ...elective offices shall be filled by election,"{{citation|title=1938 Nebraska Blue Book|author=State of Nebraska|page=148|url=http://govdocs.nebraska.gov/epubs/l3000/D001-1938.pdf}} meant that if the governor did not appoint someone to the office of lieutenant governor, then it was to be filled by special election. Nebraska Secretary of State Harry Swanson, who received Parsons' filing, asked Nebraska Attorney General Hunter to issue an opinion on the matter.

Nebraska Attorney General Richard Hunter issued his opinion declaring that Parsons was correct. The opinion stated that, under Nebraska law, since there was "no special constitutional provision for filling of a vacancy in the office of Lieutenant Governor" and "since the vacancy occurred more than thirty days prior to the November election," the Nebraska Secretary of State should therefore "accept the filing made [by Parsons]."{{cite news|title=Attorney General Opinions: Elections Public Officers: Filling Vacancy in Office of Lieutenant Governor for Unexpired Term|newspaper=Nebraska Legal News|date=July 16, 1938|access-date=May 27, 2023|url=https://www.newspapers.com/image/867846241/}} The Attorney General also ordered that "In making up the ballot at the primary and general elections respectively, separate places should be provided for voting for Lieutenant Governor for the full term and for Lieutenant Governor for the unexpired term." In 1938, the Nebraska primary elections were held on August 9.

Because it was uncertain how a vacancy in the office of lieutenant governor was to be handled and whether or not there would even be a special election, no filings were made to run in the special election until Parsons made his last-minute filing before the deadline. Thus, he was the only candidate of any party to run in the primaries for the special election for lieutenant governor.

=Democratic primary=

==Candidates==

Nate M. Parsons, a pharmacist from Lincoln, Nebraska, who had been active in Democratic party politics in the past, ran unopposed since he was the only person to file before the deadline.{{cite news|title=Books Close On Filings; Total Is 329|newspaper=The Lincoln Star|date=July 1, 1938|access-date=May 27, 2023|url=https://www.newspapers.com/image/66725630/}}

==Results==

{{Election box begin no change

| title = Democratic primary results

}}

{{Election box winning candidate with party link no change

| party = Democratic Party (US)

| candidate = Nate M. Parsons

| votes = 96,321

| percentage = 100.0

}}

{{Election box end}}

=Republican primary=

Because of the uncertainty over the handling of the vacancy of lieutenant governor, no Republican primary was held for the lieutenant gubernatorial special election. However, at the Republican state convention, which took place after the primaries, Jack S. Kroh was nominated to run for the vacant term of lieutenant governor.{{cite news|title=General Election Next Tuesday, November 8; Good Sized Vote Likely|newspaper=The Arnold Sentinel|date=November 3, 1938|access-date=May 27, 2023|url=https://www.newspapers.com/image/672381682/}}{{cite news|title=Nominated|newspaper=Grand Island Daily Independent|date=October 6, 1938|access-date=May 27, 2023|url=https://www.newspapers.com/image/693335980/}} Because of this, Kroh had to run "by petition" and thus was not listed as a "Republican" on the ballot. Jack S. Kroh, from Ogallala, Nebraska, was the owner and publisher of the Keith County News.{{cite news|title=Kroh of Ogallala Selected to Fill Vacancy on Ballot|newspaper=The Tribune-Sentinel|date=September 15, 1938|access-date=May 27, 2023|url=https://www.newspapers.com/image/693218894/}} He was a former president of the Nebraska Press Association and a former member of the Nebraska State Senate from 1923 to 1924.{{cite news|title=J. S. (Jack) Kroh|newspaper=Chadron Record|date=October 28, 1938|access-date=May 25, 2023|url=https://www.newspapers.com/image/674441237/|page=7}}

=General election=

==Results==

{{Election box begin no change| title=Nebraska lieutenant gubernatorial special election, 1938}}

{{Election box winning candidate with party link no change|

|party = Democratic Party (United States)

|candidate = Nate M. Parsons

|votes = 229,780

|percentage = 61.71

}}

{{Election box candidate with party link no change|

|party = Republican Party (United States)

|candidate = Jack S. Kroh

|votes = 142,557

|percentage = 38.29

}}

{{Election box total no change

| votes = 372,337

| percentage = 100.00

}}

{{Election box hold with party link no change|

| winner = Democratic Party (United States)

| loser = Republican Party (United States)

}}

{{Election box end}}

=Aftermath=

After winning the special election for lieutenant governor to fill the vacancy, Nate M. Parsons took office immediately after he had qualified. He was sworn into office on November 14, 1938, and served until January 5, 1939.{{cite news|title=Nate M. Parsons Qualifies, Post, Lieut. Governor|newspaper=The North Platte Telegraph|date=November 14, 1938|access-date=May 27, 2023|url=https://www.newspapers.com/image/746542932/}} Since the legislative session began on January 3, 1939, but Lieutenant Governor-elect William E. Johnson did not take office until January 5, Parsons presided over the first two days of the legislative session. The Nebraska Legislature later officially voted to thank him "for the impartial manner in which he opened and presided over the organization of the Fifty-third Session of the Nebraska Legislature."Legislative Journal of the State of Nebraska, Fifty-Third Session, Convened January 3, 1939; Adjourned June 7, 1939, Lincoln, Nebraska

See also

References

{{reflist}}

{{1938 United States elections}}

Lieutenant Gubernatorial

Nebraska

Category:November 1938 in the United States

Category:Nebraska lieutenant gubernatorial elections