1938 Queensland state election

Elections were held in the Australian state of Queensland on 2 April 1938 to elect the 62 members of the state's Legislative Assembly. The Labor government of Premier William Forgan Smith was seeking a third term in office. During the previous term, the Country and United Australia parties had emerged from the united Country and Progressive National Party, which had represented conservative forces for over a decade.

1938 Queensland state election

← 1935 2 April 1938 1941 →
← outgoing members elected members →
All 62 seats in the Legislative Assembly of Queensland 32 Assembly seats were needed for a majority
Registered	582,711 6.2%
Turnout	539,037 (92.51%) (0.20 pp)
First party Second party Third party   Leader William Forgan Smith Ted Maher Hugh Russell Party Labor Country United Australia Leader since 27 May 1929 15 July 1936 July 1936 Leader's seat Mackay West Moreton Hamilton Last election 46 seats, 53.43% New party New party Seats before 46 seats 13 seats[a] 3 seats[a] Seats won 43 14 4 Seat change 3 1 1 Popular vote 250,943 120,469 74,328 Percentage 47.17% 22.65% 13.97% Swing 3.26pp New party New party
Legislative Assembly after the election
Premier before election William Forgan Smith Labor Elected Premier William Forgan Smith Labor

The most notable feature of the election campaign was the Protestant Labor Party, established in 1937, which claimed that the Forgan Smith Ministry was disproportionately Catholic and made extravagant claims that three-quarters of all police and public servants in the State were Catholic.^[1] Despite the campaign, Labor only lost one seat, Kelvin Grove, to the party.

The unsuccessful Protestant Labor candidate for Ithaca, George Webb, lodged a petition against the return of Labor member Ned Hanlon.^[2] He was initially successful in the Supreme Court when the case was heard by Justice E.A. Douglas, who voided the election result on 12 October on the basis of a finding that two men who had acted improperly were Hanlon's agents, but Hanlon appealed to the Full Bench of the Supreme Court and on 16 December 1938, his appeal was allowed.^[3] A further appeal by Webb to the High Court was refused leave on 31 March 1939.^[4]