Election 1940: Communists Keep Names on N.J. Ballots (10-15-40)

The Pittsburgh Press (October 15, 1940)

Trenton, N.J., Oct. 15 (UP) –

Names of Communist Party candidates for presidential electors and those of the party’s senatorial, gubernatorial and Congressional candidates will not be barred from the general election ballot, Attorney General David T. Wilentz ruled today.

Mr. Wilentz made his ruling on recommendation of Assistant Attorney General John Brucher who said that New Jersey election laws do not provide for the striking of names of candidates from the election ballot even though fraud was used in obtaining the petitions.

Examination of the 8,497 names on nine Communist petitions, Mr. Brucher reported, revealed 2,830 duplications, while 180 persons reported their names were used without their knowledge or consent.

Mr. Brucher recommended that the New Jersey election laws be changed to permit the striking from the ballot of those whose petitions were obtained through fraud or corruption.

Nine other states have barred Communist candidates from the ballot because of fraud. They are Arizona, Arkansas, Georgia, Illinois, Indiana, Kansas, Kentucky, Ohio, Washington and West Virginia.