Wilson Pakula
Encyclopedia
A Wilson Pakula is an authorization given by a political party to a candidate for public office in the State of New York
which allows a candidate not registered with that party to run as its candidate in a given election.
The name refers to the Wilson Pakula Act of 1947, authored by Assemblyman Malcolm Wilson
and Senator Irwin Pakula, which forbids candidates from receiving the nomination of a political party if they are not registered as a member of that party, unless they receive permission to enter the primary from party officials representing a majority of the vote in the jurisdiction.
and Democratic
parties in New York became concerned that members of other political parties, especially the American Labor Party
(ALP), were running candidates in their party primary elections and winning the nominations. While Democrats and Republicans had won elections with the support of the ALP in the past, accusations of the party's ties to Communists
and the increasing tension of the Cold War were making these alliances less desirable. It has been asserted that the law was targeted specifically at Congressman Vito Marcantonio
of East Harlem who won the nominations of both the Republican and Democratic parties after joining the ALP.
New York Mayor William O'Dwyer
advocated removing the influence of the ALP from the Democratic Party. After ALP candidates were successful in winning Republican nominations, Governor Thomas Dewey, who had run for district attorney with ALP support in 1937, turned against the party and sought to extricate the party from GOP primaries. On March 25, 1947, Dewey signed the Wilson Pakula Act into law. Its first target, Marcantonio, narrowly won re-election in 1948 running only on the ALP line, but was defeated in 1950.
Challenges to the law's constitutionality have been denied in a number of cases in New York State. In Werbel v Gernstein (1948), the court held that "the Wilson-Pakula Law was designed to protect the integrity of political parties and to prevent the invasion into or the capture of control of political parties by persons not in sympathy with the principles of such political parties"
, who became an independent after winning two elections as a Republican, had to obtain a Wilson Pakula in order to run with the Republican nomination a third time. More recently, the New York Republican Party chairman, Edward F. Cox
, spearheaded an effort to get a Wilson Pakula for Steve Levy
, a Democrat, to run on the Republican line. His effort was unsuccessful as Levy received only 43% of the vote at the Republican state convention, short of the majority he needed.
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
which allows a candidate not registered with that party to run as its candidate in a given election.
The name refers to the Wilson Pakula Act of 1947, authored by Assemblyman Malcolm Wilson
Malcolm Wilson (New York)
Charles Malcolm Wilson was the 50th Governor of New York from December 18, 1973, to December 31, 1974. He was a member of the New York State Assembly from 1939 to 1958. He also served in the Navy during World War II...
and Senator Irwin Pakula, which forbids candidates from receiving the nomination of a political party if they are not registered as a member of that party, unless they receive permission to enter the primary from party officials representing a majority of the vote in the jurisdiction.
Wilson Pakula Act
In the 1940s, both the RepublicanRepublican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
and Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
parties in New York became concerned that members of other political parties, especially the American Labor Party
American Labor Party
The American Labor Party was a political party in the United States established in 1936 which was active almost exclusively in the state of New York. The organization was founded by labor leaders and former members of the Socialist Party who had established themselves as the Social Democratic...
(ALP), were running candidates in their party primary elections and winning the nominations. While Democrats and Republicans had won elections with the support of the ALP in the past, accusations of the party's ties to Communists
Communism
Communism is a social, political and economic ideology that aims at the establishment of a classless, moneyless, revolutionary and stateless socialist society structured upon common ownership of the means of production...
and the increasing tension of the Cold War were making these alliances less desirable. It has been asserted that the law was targeted specifically at Congressman Vito Marcantonio
Vito Marcantonio
Vito Anthony Marcantonio was an American lawyer and democratic socialist politician. Originally a member of the Republican Party and a supporter of Fiorello LaGuardia, he switched to the American Labor Party.-Early life:...
of East Harlem who won the nominations of both the Republican and Democratic parties after joining the ALP.
New York Mayor William O'Dwyer
William O'Dwyer
William O'Dwyer was the 100th Mayor of New York City, holding that office from 1946 to 1950.-Biography:O'Dwyer was born in County Mayo, Ireland and migrated to the United States in 1910, after abandoning studies for the priesthood...
advocated removing the influence of the ALP from the Democratic Party. After ALP candidates were successful in winning Republican nominations, Governor Thomas Dewey, who had run for district attorney with ALP support in 1937, turned against the party and sought to extricate the party from GOP primaries. On March 25, 1947, Dewey signed the Wilson Pakula Act into law. Its first target, Marcantonio, narrowly won re-election in 1948 running only on the ALP line, but was defeated in 1950.
Challenges to the law's constitutionality have been denied in a number of cases in New York State. In Werbel v Gernstein (1948), the court held that "the Wilson-Pakula Law was designed to protect the integrity of political parties and to prevent the invasion into or the capture of control of political parties by persons not in sympathy with the principles of such political parties"
Wilson Pakula in practice
Prior to the law's passage, candidates often ran in primary elections of multiple parties, creating a "Fusion ticket". Initially it was thought that the law could end these fusion candidacies. However, in practice, it has allowed smaller parties in New York to remain relevant as candidates from the major parties often seek their endorsements to expand their appeal. This is largely because of the unusual New York practice of allowing a candidate to have his name on the ballot once for each party who nominates him, and to have all the votes for him on whatever line added together. (While less common, Wilson Pakula certificates have been given by major parties as well. In 2008, Mayor Michael BloombergMichael Bloomberg
Michael Rubens Bloomberg is the current Mayor of New York City. With a net worth of $19.5 billion in 2011, he is also the 12th-richest person in the United States...
, who became an independent after winning two elections as a Republican, had to obtain a Wilson Pakula in order to run with the Republican nomination a third time. More recently, the New York Republican Party chairman, Edward F. Cox
Edward F. Cox
Edward Ridley Finch Cox , is the chairman of the New York Republican State Committee and the son-in-law of the late President Richard M. Nixon. Cox is a lawyer in the Manhattan law firm of Patterson Belknap Webb & Tyler LLP where he has served as the Chairman of the Corporate Department and a...
, spearheaded an effort to get a Wilson Pakula for Steve Levy
Steve Levy (politician)
Steven A. Levy is the seventh County Executive of Suffolk County, New York, elected on November 4, 2003. Originally a fiscally conservative Democrat, Levy joned the Republican Party in an unsuccessful bid for the Republican nomination for governor....
, a Democrat, to run on the Republican line. His effort was unsuccessful as Levy received only 43% of the vote at the Republican state convention, short of the majority he needed.