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1949 Wisconsin Supreme Court election
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1949 Wisconsin Supreme Court election Wisconsin presidential no 1947 1950 (sp.) April 5, 1949 (first round)May 3, 1949 (runoff) First round Runoff Edward J. Gehl, portrait photograph circa 1922.jpg Edward J. Gehl c0c0c0 128,99620.4% 94,69252.4% Elmer D. Goodland (1949 candidate for Wisconsin Supreme Court) portrait photograph.jpg Elmer D. Goodland c0c0c0 98,56915.6% 85,92847.6% Harold E. Stafford (1940 candidate for governor of Wisconsin; 1949 candidate for Wisconsin Supreme Court), portrait photograph circa 1943.jpg Harold E. Stafford c0c0c0 69,23710.9% eliminated ThomasRyumAmlie (cropped).jpg Thomas R. Amlie c0c0c0 61,7599.7% 3x4.svg Earl J. O'Brien c0c0c0 52.7168.3% J. Ward Rector (Wisconsin Supreme Court justice), portrait photograph circa 1949.jpg James Ward Rector c0c0c0 51,589 8.1% Mortimer Levitan (1949 candiate for Wisconsin Supreme Court) portrait photograph.jpg Mortimer Levitan c0c0c0 48,8077.7% Marshall L. Peterson (1949 Wisconsin Supreme Court election candidate) portrait photograph.jpg Marshall L. Peterson c0c0c0 45,4467.2% J. Henry Bennett (1876–1956).png J. Henry Bennett c0c0c0 28,4094.5% Justice Marvin B. Rosenberry Edward J. Gehl 1939 Wisconsin Supreme Court election 1939 1958 Wisconsin Supreme Court election 1958
The 1949 Wisconsin Supreme Court election was held in the US state on Tuesday, May 3, 1949 to elect a justice to a full ten-year seat the Wisconsin Supreme Court.
It was the only Wisconsin Supreme Court election held under rules that required a contingent runoff election, only held if no candidate received an outright majority in an initial election.
Candidates
The election featured a field of twelve candidates on the ballot.Hey Wisconsin; Do We Mean What We Say About Democracy? https://www.newspapers.com/image/518212422 Newspapers.com subscription The Capital Times 20 March 21, 1949
Advanced to runoff election
Edward J. Gehl, Washington County Circuit Court judgeGoodland Opposes Plan to Deprive Voters of Right to Elect Judges https://www.newspapers.com/image/522652377 Newspapers.com subscription The Capital Times April 6, 2026 1 April 28, 1949
Elmer D. Goodland, Racine Municipal Court judge
Eliminated in first round
thumb|right|100px|Stafford (photographed circa 1940) placed third, receiving the most support among those who failed to advance to the runoff
Thomas Ryum Amlie, former U.S. congressman (Wisconsin Progressive Party), candidate in the 1938 Progressive U.S. Senate primary, Democratic Party politician
J. Henry Bennett, lawyer, former member of the Wisconsin Senate (Republican), former member of the board of the Wisconsin Bar Association
William O. Hart, printer, socialist activist, perennial candidateWilliam Osborne Papers, 1943-1989 https://digicoll.library.wisc.edu/cgi/f/findaid/findaid-idx?c=wiarchives;cc=wiarchives;view=text;rgn=main;didno=uw-whs-mss00893 digicoll.library.wisc.edu April 6, 2026
Peter F. Leuch, lawyer, former member of the Wisconsin Assembly, former Milwaukee city clerk, unsuccessful candidate for Supreme Court in 1944 and 1945
Mortimer Levitan, attorney; director and treasurer of Milwaukee Legal Aid Society; director of Madison Bank & Trust; former assistant attorney general; son of former state treasurer Solomon LevitanFor The Supreme Court; The Candidates https://www.newspapers.com/image/510900059 Newspapers.com subscription The La Crosse Tribune April 6, 2026 6 March 29, 1949Candidate For Supreme Court Is Visitor In City https://www.newspapers.com/image/240196501 Newspapers.com subscription The Sheboygan Press April 9, 2026 25 March 24, 1949
Anthony E. Madler, former Wisconsin fuel administrator (1948), former legal council to the Wisconsin Department of Agriculture (1940–1948), former Chilton city attorney
Earl J. O'Brien, lawyer, 1938 Republican nominee for Milwaukee County attorney
Marshall L. Peterson, lawyer, former Green County judge (1938–43), former assistant district attorney of Green County, former public administrator, U.S. Navy veteran of World War II
James Ward Rector, former justice (unseated in 1947), president of the Dane County Bar Association, counsel for the Wisconsin Public Service Commission
Harold E. Stafford, Chippewa Falls-based lawyer, U.S Army veteran of World War I, unsuccessful candidate in the 1940 Progressive gubernatorial primary
Campaign
First round
Rector was endorsed by the editorial board of the Wisconsin State Journal; while Amlie was endorsed by the editorial board of The Capital Times.
In a March 21 piece, The Editorial Board of The Capital Times condemned the Wisconsin press by large of failing to provide voters with information about candidates in the broad fields running in the elections for Supreme Court and superintendent of public instruction.
At a campaign event at the University of Wisconsin, Amlie quoted remarks made by the late Wisconsin chief justice Edward George Ryan in 1873 criticizing the influence of money in politics.
Runoff election
Because no candidate secured more than 50% of the vote in the initial round, a runoff election was necessitated. The coinciding superintendent of public instruction election also advanced to a runoff.2 Win 'Runoff' In Wisconsin; Gehl Elected Judge; Watson School Chief https://www.newspapers.com/image/182935438 Newspapers.com subscription Star Tribune The Associated Press April 6, 2026 21 May 4, 1949 This was under rules that were first enacted for this election, and which the state legislature would ultimately abandon later in 1949. Thus, 1949 is the only Wisconsin Supreme Court election to have been held with a contingent runoff.Portraits of Justice https://www.wicourts.gov/courts/supreme/docs/portraitsofjustice.pdf Wisconsin Courts Wisconsin Historical Society Press March 27, 2025 IX 2003
During the general election, Goodland took a policy position in opposition of proposals for Wisconsin to eliminate judicial elections and adopt the Missouri Plan method of judicial selection.
Results
1949 Wisconsin Supreme Court election
| colspan="6" style="text-align:center;background-color: #e9e9e9;"| First round (April 5, 1949)The Wisconsin Blue Book 1950 https://search.library.wisc.edu/digital/ACKSBXV5IMWXXJ8I/pages/ACS7JJDFJERFVX8C search.library.wisc.edu State of Wisconsin April 6, 2026 765 1950
Nonpartisan politician
Edward J. Gehl
128,996
20.4
Nonpartisan politician
Elmer D. Goodland
98,569
15.6
Nonpartisan politician
Harold Stafford
69,237
10.9
Nonpartisan politician
Thomas R. Amlie
61,759
9.7
Nonpartisan politician
Earl J. O'Brien
52,716
8.3
Nonpartisan politician
James Ward Rector
51,589
8.1
Nonpartisan politician
Mortimer Levitan
48,807
7.7
Nonpartisan politician
Marshall L. Peterson
45,446
7.2
Nonpartisan politician
J. Henry Bennett
28,409
4.5
Nonpartisan politician
Anthony E. Madler
25,602
4.0
Nonpartisan politician
William O. Hart
12,574
2.0
Nonpartisan politician
Peter F. Leuch
9,802
1.5
633506
100
| colspan="6" style="text-align:center;background-color: #e9e9e9;"| Runoff election (May 5, 1949)The Wisconsin Blue Book 1950 https://search.library.wisc.edu/digital/ACKSBXV5IMWXXJ8I/pages/A47YZZ4BOBHKE68G search.library.wisc.edu State of Wisconsin April 6, 2026 766 1950
Nonpartisan politician
Edward J. Gehl
94,692
52.4
Nonpartisan politician
Elmer D. Goodland
85,928
47.6
180,620
100
References
Category:Wisconsin Supreme Court elections
supreme court
Wisconsin