1938 United States Senate special election in Tennessee

For related races, see 1938 United States Senate elections.

1938 United States Senate special election in Tennessee

←  1936 November 8, 1938 1942  →

Nominee Tom Stewart Harley G. Fowler Party Democratic Republican Popular vote 194,028 72,098 Percentage 70.50% 26.20%

County results Stewart:      40–50%     50–60%     60–70%     70–80%     80–90%     >90% Fowler:      40–50%     50–60%     60–70%     70–80%     80–90%

Senator before election George L. Berry Democratic Elected Senator Tom Stewart Democratic

The 1938 United States Senate special election in Tennessee took place on November 8, 1938, concurrently with other elections to the United States Senate as well as elections to the United States House of Representatives and various state and local elections. The special election came upon the death of incumbent Democratic Senator Nathan L. Bachman who had died in office.

Democratic Governor Gordon Browning appointed George L. Berry after Bachman's death. Berry ran for a full term but was defeated in the Democratic primary to Tom Stewart. ^[1] In the general election, Tom Stewart defeated Republican candidate Harvey G. Fowler with 70.5% of the vote. ^[2]

Eligible to begin serving immediately, Tom Stewart instead waited until the expiry of his term as district attorney on January 16, 1939, to take his Senate seat. ^[3]

Democratic primary

Candidates

• John Randolph Neal Jr., attorney, law professor, politician, and activist
• John Ridley Mitchell, U.S. Representative from Tennessee's 4th congressional district
• George L. Berry, incumbent senator
• Tom Stewart, district attorney for the 18th Circuit 1923–1939

Results

Democratic Party primary results ^[4]

Party		Candidate	Votes	%
	Democratic	Tom Stewart	174,940	49.26%
	Democratic	George L. Berry (incumbent)	101,966	28.71%
	Democratic	John Ridley Mitchell	70,393	19.82%
	Democratic	John Randolph Neal Jr.	4,689	1.32%
	Democratic	C. L. Powell	3,171	0.89%
Total votes			355,159	100.00%

Republican primary

The Tennessee Republican Party chose to hold a convention instead of a primary election. Harley G. Fowler, a former president of the Tennessee Bar Association, of Knoxville was declared the party's nominee for U.S. Senate by its executive committee. ^{[5] [6]}

General election

General election results ^[7]

Party		Candidate	Votes	%
	Democratic	Tom Stewart	194,028	70.50%
	Republican	Harley G. Fowler	72,098	26.20%
	Independent	John Randolph Neal Jr.	9,106	3.31%
Majority			21,930	44.30%
Turnout			275,232
	Democratic hold

See also

• 1938 Tennessee gubernatorial election
• 1938 United States Senate elections

References

1. Hill, Ray. "The 1938 Senate Primary in Tennessee". The Knoxville Focus. Retrieved February 1, 2024.
2. "Our Campaigns - TN US Senate - Special Election Race - Nov 08, 1938". www.ourcampaigns.com. Retrieved April 10, 2024.
3. Although eligible and elected, he did not "take his seat" as he preferred to remain as district attorney general. Nevertheless, his service in the Senate begins on the date of election and eligibility, not on the date of an oath.
4. "Our Campaigns - TN US Senate - Special D Primary Race - Aug 04, 1938". www.ourcampaigns.com. Retrieved April 10, 2024.
5. "G.O.P. Primary Off". The Evening Star. Washington, D.C. August 4, 1938. Retrieved September 25, 2024– via Library of Congress.
6. "Fowler Accepts Nomination" . The Kingsport Times. Vol. 23, no. 221. September 15, 1938. p. 2. Retrieved September 25, 2024.
7. "Our Campaigns - TN US Senate - Special Election Race - Nov 08, 1938". www.ourcampaigns.com. Retrieved April 10, 2024.