To amend S. 4164 by prohibiting discrimination with regard to race, creed, or color. This amendment deals with the enlistment section of the law.

On Aug 26, 1940, the Senate voted 53–21 (S 4164). Result: passed. By party: Democrats 36–21, Republicans 18–3, Others 3–0, Independents 1–0. It was a bipartisan vote: majorities of both parties voted yes. 24 members voted against their own party.

During the 76th Congress (1939–1940), Franklin D. Roosevelt was president, and Democrats held majorities in both the House and Senate.

Yes: 53
No: 21
Did not vote: 18
Date: Aug 26, 1940

By party

Democrats36 yes · 21 no · 13 didn’t vote
Republicans18 yes · 3 no · 5 didn’t vote
Others3 yes · 0 no
Independents1 yes · 0 no

Who broke with their party

John Hollis Bankhead II D-AL voted no
Joseph Lister Hill D-AL voted no
Hattie Wyatt Caraway D-AR voted no
John Elvis Miller D-AR voted no
Charles Oscar Andrews D-FL voted no
Claude Denson Pepper D-FL voted no
Richard Brevard Russell Jr. D-GA voted no
Walter Franklin George D-GA voted no
Allen Joseph Ellender D-LA voted no
John Holmes Overton D-LA voted no
Millard Evelyn Tydings D-MD voted no
Byron Patton (Pat) Harrison D-MS voted no
Josiah William Bailey D-NC voted no
Robert Rice Reynolds D-NC voted no
Carl Atwood Hatch D-NM voted no
Rufus Cecil Holman R-OR voted no
Ellison DuRant Smith D-SC voted no
Arthur Thomas Stewart D-TN voted no
Morris Sheppard D-TX voted no
Thomas Terry (Tom) Connally D-TX voted no
Elbert Duncan Thomas D-UT voted no
Carter Glass D-VA voted no
Ernest William Gibson Jr. R-VT voted no
Warren Robinson Austin R-VT voted no

How each senator voted: Yes

How each senator voted: No

Voted present

Did not vote

Other votes

From Voteview roll call records.

Cite or embed this page

Capitol Receipts, “To amend S. 4164 by prohibiting…: Senate Vote, Aug 26, 1940,” https://www.capitolreceipts.com/vote/76-S-232/to-amend-s-4164-by-prohibiting-discrimination-with-regard (accessed 2026-10-17).