1973 New York state election

The 1973 New York state election was held on November 6, 1973, to elect the Chief Judge of the New York Court of Appeals. Besides, a $3,500,000,000 transit-bond issue was proposed by Governor Nelson A. Rockefeller, and rejected by the voters with 1,593,531 votes For and 2,210,907 votes Against it.

Background

Chief Judge Stanley H. Fuld would reach the constitutional age limit of 70 years at the end of the year.

For the first time since the election of Frank H. Hiscock over Almet F. Jenks in 1916, the election for Chief judge was contested. For almost 60 years, all Chief Judges had been cross-endorsed by the two major parties.

Nominations

Democratic primary

The Democratic State Committee met on March 12. No candidate received a majority, and the three contenders who polled more than 25% of the vote, U.S. District Court for the Eastern District of New York Judge Jack B. Weinstein, Appellate Justice Francis T. Murphy and Supreme Court Justice Irwin R. Brownstein, were designated to run in a primary election for Chief Judge.[1] Trial lawyer Lawrence D. Fuchsberg filed a petition to challenge the designees. The primary was held on June 5.[2] The result was so narrow that the winner was known only after the release of the official result on June 21, Fuchsberg winning by a plurality of 755 votes.[3]

**1973 Democratic primary results**
Office	Party designees						Challenger
Chief Judge	Jack B. Weinstein	242,039	Francis T. Murphy, Jr.[4]	213,673	Irwin R. Brownstein	81,618	Jacob D. Fuchsberg	242,794

Other parties

The Republicans met on March 7, and nominated Charles D. Breitel.[5]

The Liberals met on March 10, and endorsed the Republican nominee Charles D. Breitel.[6]

The Conservatives nominated Supreme Court Justice James J. Leff, a registered Democrat, for Chief Judge.

Result

The Republican/Liberal candidate was elected.

**1973 state election result**
Office	Republican ticket		Democratic ticket		Liberal ticket		Conservative ticket
Chief Judge	Charles D. Breitel	1,957,314	Jacob D. Fuchsberg	1,850,552	Charles D. Breitel	248,075	James J. Leff[7]	219,314

Notes

Five Democrats Will Vie In Primary for Chief Judge in NYT on March 13, 1973 (subscription required)
Fuchsberg Has Slim Lead In Counting for Judgeship; 'Could Go Either Way;' Leads in 3 Boroughs in NYT on June 6, 1973 (subscription required)
Chief-Judge Nomination Is Won by Fuchsberg in NYT on June 22, 1973 (subscription required)
Francis T. Murphy (b. 1927), of The Bronx, son of Francis T. Murphy (1896-1973 assemblyman 1945-46), New York Supreme Court justice 1968-97, Appellate Division (First Dept.) 1972-96, Presiding Justice 1978-97, A Prominent Judge Retires, Objecting to the Governor's Litmus Test in NYT on December 14, 1997
G.O.P. Nominates Breitel For Chief Judge of State; Pact Barred by Feud in NYT on March 7, 1973 (subscription required)
Breitel Wins Bipartisan Support as Liberal Party Endorses Him for Appeals Court Post in NYT on March 11, 1973 (subscription required)
James J. Leff (ca. 1921-1998), of Manhattan, DeWitt Clinton High School, New York University and Harvard graduate, New York supreme Court justice 1969-96, James J. Leff, 77, Outspoken New York Judge Obit in NYT on April 9, 1998

Sources

Official result: Metropolitan Briefs; New York Certifies Transit-Bond Vote in NYT on December 13, 1973 (subscription required)