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See also:ELECTION (from See also:Lat. eligere, to pick out) , the method by which a choice or selection is made by a constituent See also:body (the See also:electors or electorate) of some See also:person to fill a certain See also:office or dignity . The See also:procedure itself is called an See also:election . Election, as a See also:special See also:form of selection, is naturally a loose See also:term covering many subjects; but except in the theological sense (the See also:doctrine of election), as employed by See also:Calvin and others, for the choice by See also:God of His " elect," the legal sense (see ELECTION, in See also:law, below), and occasionally as a synonym for See also:personal choice (one's own " election "), it is confined to the selection by the preponderating See also:vote of some properly constituted body of electorsof one of two or more candidates, sometimes for See also:admission only to some private social position (as in a See also:club), butmoreparticularly in connexion with public representative positions in See also:political See also:government . It is thus distinguished from arbitrary methods of See also:appointment, either where the right of nominating rests in an individual, or where pure See also:chance (such as selection by See also:lot) dictates the result . The See also:part played by different forms of election in See also:history is alluded to in numerous articles in this See also:work, dealing with various countries and various subjects . It is only necessary here to consider certain important features in the elections, as ordinarily understood, namely, the exercise of the right of voting for political and municipal offices in the See also:United See also:Kingdom and See also:America . See also the articles See also:PARLIAMENT; See also:REPRESENTATION; VOTING; See also:BALLOT, &C., and UNITED STATES: Political Institutions . For See also:practical details as to the conduct of political elections in See also:England reference must be made to the various See also:text-books on the subject; the See also:candidate and his election See also:agent require to be on their guard against any false step which might invalidate his return . Law in the United Kingdom.—Considerable alterations have been made in See also:recent years in the law of See also:Great See also:Britain and See also:Ireland See also:relating to the procedure at See also:parliamentary and municipal elections, and to election petitions . As regards parliamentary elections (which may be either the " See also:general election," after a See also:dissolution of parliament, or " by-elections," when casual vacancies occur during its continuance), the most important of the amending statutes is the Corrupt and Illegal Practices See also:Act 1883 . This act, and the Parliamentary Elections Act 1868, as amended by it, and other enactments dealing with corrupt practices, are . temporary acts requiring See also:annual renewal . As regards municipal elections, the Corrupt Practices (Municipal Elections) Act 1872 has been repealed by the Municipal Corporations Act 1882 for England, and by the See also:Local Government (Ireland) Act 1898 for Ireland . The governing enactments for England are now the Municipal Corporations Act 1882, part iv., and the Municipal Elections (Corrupt and Illegal Practices) Act 1884, the latter annually renewable . The provisions of these enactments have been applied with necessary modifications to municipal and other local government elections in Ireland by orders of the Irish Local Government See also:Board made under See also:powers conferred by the Local Government (Ireland) Act 1898 . In See also:Scotland the law regulating municipal and other local government elections is now to be found in the Elections (Scotland) (Corrupt and Illegal Practices) Act 189o . The alterations in the law have been in the direction of greater strictness in regard to the conduct of elections, and increased See also:control in the public See also:interest over the proceedings on election petitions . Various acts and payments which were previously lawful in the See also:absence of any corrupt bargain or See also:motive are now altogether forbidden under the name of " illegal practices " as distinguished from " corrupt practices." Failure on the part of a parliamentary candidate or his election agent to comply with the requirements of the law in any particular is sufficient to invalidate the return (see the articles See also:BRIBERY and CORRUPT PRACTICES) . Certain relaxations are, however, allowed in See also:consideration of the difficulty of absolutely avoiding all deviation from the strict rules laid down . Thus, where the See also:judges who try an election See also:petition See also:report that there has been treating, undue See also:influence, or any illegal practice by the candidate or his election agent, but that it was trivial, unimportant and of a limited See also:character, and contrary to the orders and without the See also:sanction or connivance of the candidate or his election agent, and that the candidate and his election agent took all reasonable means for preventing corrupt and illegal practices, and that the election was otherwise See also:free from such practices on their part, the election will not be avoided . The See also:court has also the See also:power to relieve from the consequences of certain See also:innocent contraventions of the law caused by inadvertence or miscalculation . The inquiry into a disputed parliamentary election was formerly conducted before a See also:committee of the See also:House of See also:Commons, chosen as nearly as possible from both sides of the House for that particular business . The decisions of these tribunals laboured under the suspicion of being prompted by party feeling, and by an act of 1868 the See also:jurisdiction was finally transferred to judges of the High Court, notwithstanding the general unwillingness of the See also:bench to accept a class of business which they feared might bring their integrity into dispute . See also:Section 11 of the act ordered, inter alia, that the trial of every election petition shall be conducted before a See also:puisne See also:judge of one of the See also:common law courts at See also:Westminster and See also:Dublin; that the said courts shall each select a judge to be placed on the See also:rota for the trial of election petitions; that the said judges shall try petitions See also:standing for trial according to seniority or otherwise, as they may agree; that the trial shall take See also:place in the See also:county or See also:borough to which the petition refers, unless the court should think it desirable to hold it elsewhere . The judge shall determine " whether the member whose return is complained of, or any and what other person, was duly returned and elected, or whether the election was void," and shall certify his determination to the See also:speaker .
When corrupt practices have been charged the judge shall also report (1) whether any such practice has been committed by or with the knowledge or consent of any candidate, and the nature thereof; (2) the names of persons proved to have been guilty of any corrupt practice; and (3) whether corrupt practices have extensively prevailed at the election
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Questions of law were to be referred to the decision of the court of common pleas
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On the abolition of that court by the Judicature Act 1873, the jurisdiction was transferred to the common pleas See also:division, and again on the abolition of that Election division was transferred to the See also: An application for leave to withdraw a petition must be supported by affidavits from all the parties to the petition and their solicitors, and by the election agents of all of the parties who were candidates at the election . Each of these affidavits is to state that to the best of the deponent's knowledge and belief there has been no agreement and no terms or undertaking made or entered into as to the withdrawal, or, if any agreement has been made, shall state its terms . The applicant and his See also:solicitor are also to state in their affidavits the grounds on which the petition is sought to be withdrawn . If any person makes an agreement for the withdrawal of a petition in consideration of a See also:money See also:payment, or of the promise that the seat shall be vacated or another petition withdrawn, or omits to state in his See also:affidavit that he has made an agreement, lawful or unlawful, for the withdrawal, he is guilty of an indictable See also:misdemeanour . The report of the judges to the speaker is to contain particulars as to illegal practices similar to thosepreviously required as to corrupt practices; and they are to report further whether any candidate has been guilty by his agents of an illegal practice, and whether certificates of indemnity have been given to persons reported guilty of corrupt or illegal practices . The Corrupt Practices Acts apply, with necessary See also:variations in details, to parliamentary elections in Scotland and Ireland . The amendments in the law as to municipal elections are generally similar to those which have been made in parliamentary election law . The procedure on trial of petitions is substantially the same, and wherever no other See also:provision is made by the acts or rules the procedure on the trial of parliamentary election petitions is to be followed . Petitions against municipal elections were dealt with in 35 & 36 Viet . C . 6o . The election judges appoint a number of barristers, not exceeding five, as commissioners to try such petitions .
No See also:barrister can be appointed who is of less than fifteen years' standing, or a member of parliament, or holder of any office of profit (other than that of See also:recorder) under the See also:crown; nor can any barrister try a petition in any borough in which he is recorder or in which he resides, or which is included in his See also:circuit
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The barrister sits without a See also:jury
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The provisions are generally similar to those relating to parliamentary elections
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The petition may allege that the election was avoided as to the borough or See also:
As there may be, and generally is, more than one candidate for each office, and as all elections are now, and have been for many years, conducted by ballot, the See also:total number of names to appear on the ballot may be one See also:hundred or may be several hundred
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These names are arranged in different ways, according to the See also:laws of the different states
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Under the See also:Massachusetts law, which is considered the best by reformers, the names of candidates for each office are arranged alphabetically on a " blanket " ballot, as it is called from its See also:size, and the elector places a See also:mark opposite the names of such candidates as he may wish to vote for
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Other states, New See also:York for example, have the blanket See also:system, but the names of the candidates are arranged in party columns
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Still other states allow the grouping on one ballot of all the candidates of a single party, and there would be therefore as many See also:separate ballots in such states as there were parties in the See also: In some states See also:women are allowed to vote on certain questions, or for the candidates for certain offices, especially school officials; and in four of the Western states women have the same rights of See also:suffrage as men . The number of those who are qualified to vote, but do not avail themselves of the right, varier greatly in the different states and according to the interest taken in the election . As a general See also:rule, but subject to exceptions, the national elections call out the largest number, the state elections next, and the local elections the smallest number of voters . In an exciting national election between 8o and 90% of the qualified voters actually vote, a proportion considerably greater than in Great Britain or See also:Germany . The tendency of recent years has been towards a decrease both in the number and in the frequency of elections . A president and vice-president are voted for every See also:fourth year, in the years divisible by four, on the first Tuesday following the first See also:Monday of See also:November . Members of the national House of Representatives are chosen for two years on the even-numbered years . State and local elections take place in accordance with state laws, and may or may not be on the same See also:day as the national elections . Originally the rule was for the states to hold annual elections; in fact, so strongly did the feeling prevail of the need in a democratic See also:country for frequent elections, that the See also:maxim " where annual elections end, tyranny begins," became a political See also:proverb . But See also:opinion gradually changed even in the older or Eastern states, and in 1909 Massachusetts and Rhode See also:Island were the only states in the Union holding annual elections for governor and both houses of the state legislature . In the Western states especially state officers are chosen for longer terms—in the See also:case of the governor often for four years—and the number of elections has correspondingly decreased . Another cause of the decrease in the number of elections is the growing practice of holding all the elections of any year on one and the same day . Before the See also:Civil See also:War See also:Pennsylvania held its state elections several months before the national elections . See also:Ohio and See also:Indiana, until 1885 and 1881 respectively, held their state elections See also:early in See also:October . See also:Maine, See also:Vermont and See also:Arkansas keep to See also:September . The selection of one day in the year for all elections held in that year has resulted in a considerable decrease in the total number . Another tendency of recent years, but not so pronounced, is to hold local elections in what is known as the " off " year; that is, on the See also:odd-numbered year, when no national election is held . The See also:object of this reform is to encourage See also:independent voting . The See also:average See also:American citizen is only too prone to carry his national political predilections into local elections, and to vote for the local nominees of his party, without regard to the question of fitness of candidates and the fundamental difference of issues involved . This tendency to vote the entire party See also:ticket is the more pronounced because under the system of voting in use in many of the states all the candidates of the party are arranged on one ticket, and it is much easier to vote a straight or unaltered ticket than to See also:change or " scratch " it . Again, the voter, especially the ignorant one, refrains from scratching his ticket, lest in some way he should fail to comply with the technicalities of the law and his vote be lost . On the other See also:hand, if local elections are held on the " off " or odd year, and there be no national or state candidates, the voter feels much more free to select only those candidates whom he considers best qualified for the various offices . On the important question of the purity of elections it isdifficult to speak with precision . In many of the states, especially those with an enlightened public spirit, such as most of the New England states and many of the See also:North-Western, the elections are fairly conducted, there being no intimidation at all, little or no bribery, and an honest See also:count .
It can safely be said that through the Union as a whole the tendency of recent years has been decidedly towards greater honesty of elections
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This is owing to a number of causes: (I) The selection of a single day for all elections, and the consequent immense number voting on that day
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Some years ago, when for instance the Ohio and Indiana elections were held a few See also:weeks before the general election, each party strained every See also:nerve to carry them, for the See also:sake of See also:prestige and the influence on other states
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In fact, presidential elections were often See also:felt to turn on the result in these early voting states, and the party managers were none too scrupulous in the means employed to carry them
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Bribery has decreased in such states since the change of election day to that of the See also:rest of the country
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(2) The enactment in most of the states of the Australian or See also:secret ballot (q.v.) laws
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These have led to the secrecy of the ballot, and hence to a greater or less extent have prevented intimidation and bribery
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(3) Educational or other such test, more particularly in the Southern states, the object of which is to exclude the coloured, and especially the ignorant coloured, voters from the polls
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In those southern states in which the coloured vote was large, and still more in those in which it was the majority, it was felt among the whites that intimidation or ballot-See also:box stuffing was justified by the See also:necessity of See also: These rolls are open to public inspection, and the names may be challenged at the polls, and " colonization " or repeating is therefore almost impossible . (5) The reform of the civil service and the See also:gradual elimination of the vicious principle of " to the victors belong the spoils." With the reform of the civil service elections become less a scramble for office and more a contest of political or economic principle . They bring into the field, therefore, a better class of candidates . (6) The enactment in a number of states of various other laws for the prevention of corrupt practices, for the publication of See also:campaign expenses, and for the See also:prohibition of party workers from coming within a certain specified distance of the polls . In the state of Massachusetts, for instance, an act passed in 1892, and subsequently amended, provides that political committees shall See also:file a full statement, duly sworn to, of all campaign expenditures made by them . The act applies to all public elections except that of town officers, and also covers nominations by caucuses and conventions as well . Apart from his personal expenses such as See also:postage, travelling expenses, &c., a candidate is prohibited from spending anything himself to promote either his nomination or his election, but he is allowed to contribute to the See also:treasury of the political committee . The law places no limit on the amount that these committees may spend . The reform sought by the law is thorough publicity, and not only are details of receipts and expenditures to be published, but the names of contributors and the amount of their contributions . In the state of New York the act which seeks to prevent corrupt practices relies in like manner on the efficacy of publicity, but it is less effective than the Massachusetts law in that it provides simply for the filing by the candidates themselves of sworn statements of their own expenses . There is nothing to prevent their contributing to political committees and the See also:financial methods and the amounts expended by such committees are not made public . But behind all these causes that have led to more honest elections lies the still greater one of a healthier public spirit . In the reaction following the Civil War all reforms halted . In recent years, however, a new and healthier interest has sprung up in things political; and one result of this improved civic spirit is seen in the various laws for See also:purification of elections . It may now be safely affirmed that in the majority of states the elections are honestly conducted; that intimidation, bribery, stuffing of the ballot boxes or other forms of corruption, when they exist, are owing in large measure to temporary or local causes; and that the tendency of recent years has been towards a decrease in all forms of corruption . The expenses connected with elections, such as the renting and preparing the polling-places, the payment of the clerks and other officers who conduct the elections and count the vote, are See also:borne by the community . A candidate therefore is not, as far as the law is concerned, liable to any expense whatever . As a matter of fact he does commonly contribute to the party treasury, though in the case of certain candidates, particularly those for the See also:presidency and for judicial offices, financial contributions are not general . The amount of a candidate's contribution varies greatly, according to the office sought, the state in which he lives, and his private See also:wealth . On one occasion, in a district in New York, a candidate for See also:Congress is credibly believed to have spent at one election $50,000 . On the other hand, in a Congressional election in a certain district in Massachusetts, the only See also:expenditure of one of the candidates was for the two-cent See also:stamp placed on his See also:letter of See also:acceptance . No estimate of the average amount expended can be made . It is, however, the conclusion of Mr See also:Bryce, in his American See also:Commonwealth, that as a rule a seat in Congress See also:costs the candidate less than a seat for a county division in the House of Commons . |
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