Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
A few States have laws aimed at corrupt elections, that is to say,
limiting the expenditure of candidates and requiring publicity. Most
States now forbid contributions by corporations, as does the Federal
government.[1] Thus, by the California law of 1893, expenditures are
limited to one hundred dollars for each candidate, or one thousand
dollars by a committee, and in no case exceeding five per cent. of the
salary of the office for which the person is a candidate for one year,
and the legitimate expenses are specified; that is to say, public
meetings, printing, postage, and head-quarters expenses. Probably
no one regrets the prevalence of extravagant expenditures more than
persons who are themselves in public life. If the bosses of many State
machines were consulted in private, they would agree that the only
really legitimate expenditures are the hiring of halls, and the
mailing of at most one printed circular to every voter in the
district. The Missouri law of the same year fixes a limit of
expenditure of one dollar per hundred of votes thrown at the last
election for the office for which the person is a candidate, which,
in an ordinary congressional district of say fifteen thousand voters,
would be one hundred and fifty dollars--certainly little enough.
Voters very generally have to be registered.
[Footnote 1: Bill signed by President Taft, June, 1910.]
As is familiar to the reader, there has been a decided movement for
the direct election by the people of United States senators, a large
majority of the States, and the Democratic party in all States, having
in the last few years expressed themselves in favor of a change in
that particular. Until within a few years it was thought only possible
by Constitutional amendment, but the example of Oregon and other
States has shown that it may be done by means of a law providing for
the expression of the preference of the voters, and this may even be
made a party ballot. That is to say, voters at party caucuses, or
even at elections where the ballots are so marked, may express their
preference for this or that candidate for the United States Senate,
and the moral obligation will then be on the State legislature, or
at least on its members of the corresponding party, to vote for the
candidate so nominated. This has been universally done in the case
of election of the United States President by the force of public
opinion; no instance is on record of an elector having voted
differently, or of a bribe or even of an attempt to bribe. But with
legislation--statute law not being so strong as the unwritten law,
contrary to the popular opinion--it is by no means certain that this
result will happen. The law has worked in Oregon, where first adopted,
with the striking result that a Republican legislature elected a
Democratic United States senator; but if the writer is correctly
informed, the contrary has been the case in Illinois. The movement for
Public-domain text, read in full here on John Shaqi.
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