1938 Queensland state election

Elections were held in the Australian state of Queensland on 2 April 1938 to elect the 62 members of the state's Legislative Assembly. The Labor government of Premier William Forgan Smith was seeking a third term in office. During the previous term, the Country and United Australia parties had emerged from the united Country and Progressive National Party, which had represented conservative forces for over a decade.

1938 Queensland state election
2 April 1938
All 62 seats in the Legislative Assembly of Queensland
32 Assembly seats were needed for a majority
Registered582,711 Increase6.2%
Turnout539,037 (92.51%)
(Decrease0.20 pp)
  First party Second party Third party
 
Leader William Forgan Smith Ted Maher Hugh Russell
Party Labor Country United Australia
Leader since 27 May 1929 15 July 1936 July 1936
Leader's seat Mackay West Moreton Hamilton
Last election 46 seats, 53.43% New party New party
Seats before 46 seats 13 seats[lower-alpha 1] 3 seats[lower-alpha 1]
Seats won 43 14 4
Seat change Decrease 3 Increase 1 Increase 1
Popular vote 250,943 120,469 74,328
Percentage 47.17% 22.65% 13.97%
Swing Decrease 3.26pp New party New party
Legislative Assembly after the election
Premier before election

William Forgan Smith
Labor

 Elected Premier

William Forgan Smith
Labor

The most notable feature of the election campaign was the Protestant Labor Party, established in 1937, which claimed that the Forgan Smith Ministry was disproportionately Catholic and made extravagant claims that three-quarters of all police and public servants in the State were Catholic.[1] Despite the campaign, Labor only lost one seat, Kelvin Grove, to the party.

The unsuccessful Protestant Labor candidate for Ithaca, George Webb, lodged a petition against the return of Labor member Ned Hanlon.[2] He was initially successful in the Supreme Court when the case was heard by Justice E.A. Douglas, who voided the election result on 12 October on the basis of a finding that two men who had acted improperly were Hanlon's agents, but Hanlon appealed to the Full Bench of the Supreme Court and on 16 December 1938, his appeal was allowed.[3] A further appeal by Webb to the High Court was refused leave on 31 March 1939.[4]

Key dates
Date Event
5 March 1938 The Parliament was dissolved.[5]
7 March 1938 Writs were issued by the Governor to proceed with an election.[6]
14 March 1938 Close of nominations.
2 April 1938 Polling day, between the hours of 8am and 6pm.
12 April 1938 The Forgan Smith Ministry was re-sworn in.[7]
16 April 1938 The poll was retaken in Gregory.[8]
30 April 1938 The writ was returned and the results formally declared.
9 August 1938 Parliament resumed for business.[9]

Results
See also: Results of the Queensland state election, 1938
Legislative Assembly (IRV) – Turnout: 92.51% (CV)[10]
Party Primary vote Seats
Votes  % Swing (pp) Seats Change
  Labor 250,943 47.17 –6.26 43 Decrease 3
  Country 120,469 22.65 — 14[lower-alpha 1] Increase 1
  United Australia 74,328 13.97 — 4[lower-alpha 1] Increase 1
  Protestant Labour 46,568 8.75 +8.75 1 Increase 1
  Social Credit 27,758 5.22 –1.80 0 Steady
  Communist 8,510 1.60 +0.28 0 Steady
  Independent 3,403 0.64 –2.73 0 Steady
Total531,979100.0062Steady
Invalid/blank votes7,0581.31–0.43—
Turnout539,03792.51–0.19—
Registered voters582,711——
Popular vote
Labor
 
 47.17%
Country
 
 22.65%
United Australia
 
 13.97%
Protestant Labor
 
 8.75%
Social Credit
 
 5.22%
Communist
 
 1.60%
Independents
 
 0.64%
Seats
Labor
 
 70.97%
Country
 
 20.97%
United Australia
 
 6.45%
Protestant Labor
 
 1.61%
1 606,559 electors were enrolled to vote at the election, but 3 seats were uncontested—2 Labor seats (4 less than in 1935) representing 15,007 enrolled voters and one Country seat (one less than in 1935) representing 8,841 enrolled voters.

Seats changing party representation

This table lists changes in party representation at the 1938 election.

SeatIncumbent memberPartyNew memberParty
Dalby Godfrey Morgan   Country Aubrey Slessar   Labor
East Toowoomba James Kane   Labor Herbert Yeates   Country
Kelvin Grove Frank Waters   Labor George Morris   Protestant Labor
Toowong James Maxwell   United Australia Harry Massey   Independent UAP
Wynnum John Donnelly   Labor Bill Dart   United Australia
  • Members listed in italics did not recontest their seats.

See also

Notes
  1. Seats previously held by members of the Country and Progressive National Party (CPNP).

References
  1. Evans, Raymond (2007). A History of Queensland. Cambridge University Press. p. 184. ISBN 978-0-521-87692-6.
  2. "In the Supreme Court of Queensland - The Election Acts 1915–1936". Queensland Government Gazette. 4 June 1938. p. 150:2012–2013.
  3. The Ithaca Election Petition: Webb v Hanlon (1939) St. R. Qd. 90, heard by Blair CJ, Douglas J and Hart AJ (dissenting) LawCite records.
  4. Webb v Hanlon [1939] HCA 8, (1939) 61 CLR 313 (31 March 1939), High Court (Australia).
  5. "Untitled". Queensland Government Gazette. 5 March 1938. p. 150:591.
  6. "Untitled". Queensland Government Gazette. 7 March 1938. p. 150:595.
  7. "Untitled". Queensland Government Gazette. 12 April 1938. p. 150:1371.
  8. "Order in Council". Queensland Government Gazette. 7 May 1938. p. 150:1585. The cause of the delayed poll was that a poll could not be held at Arrabury.
  9. "Untitled". Queensland Government Gazette. 11 July 1938. p. 151:109.
  10. Hughes, CA; Graham, BD (1974). Voting for the Queensland legislative assembly, 1890–1964 (PDF). Australia National University (ANU). pp. 178–191.
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