The Government of England (Vol. I)Lowell, A. Lawrence (Abbott Lawrence)
History
The Government of England (Vol. I)
Lowell, A. Lawrence (Abbott Lawrence)
Great Britain -- Politics and government
Treating differs from bribery in the fact that bribery involves a
contract for a vote, express or implied, whereas the person who treats
obtains no promise from the voter, and relies only upon his general
sense of gratitude. But, as one of the judges remarked in the trial of
an election petition some years ago, it is difficult in the large
constituencies of the present day to bribe successfully, while a small
amount of treating is sufficient to procure a great deal of
popularity.[223:1] This is particularly true in England, where the habit
of treating is made easy by the existence of sharp class distinctions.
Treating was forbidden as long ago as the days of William III., and it
is now defined[223:2] as giving, or paying the expense of giving, "any
meat, drink, entertainment or provision to or for any person for the
purpose of corruptly influencing that person or any other person to give
or refrain from giving his vote."
[Sidenote: Undue Influence.]
Undue influence is defined by the Act of 1883[223:3] as making use, or
threatening to make use, of any force, violence, or restraint, or
inflicting, or threatening to inflict, any temporal or spiritual injury
on any person in order to influence, or on account of, his vote; or by
duress or fraud impeding the free exercise of the franchise by any man.
These provisions cover threats by an employer to discharge
workmen,[223:4] and the denunciation by priests of spiritual penalties
on political opponents.[223:5]
Personation it is unnecessary to describe.
[Sidenote: Corrupt Practices avoid the Election.]
All these corrupt practices are criminal offences punishable by fine or
imprisonment, and by the loss of political rights for seven
years.[223:6] What is more important for our purpose, they are liable to
cost the member his seat; for if upon the trial of a controverted
election the court reports that any corrupt practice has been committed
by the candidate, or that bribery or personation has been committed with
his knowledge and consent, his election is void, and he is forever
incapable of being elected to Parliament by that constituency.[224:1]
Moreover, if the election court reports that a corrupt practice has been
committed by his agents, although he may be personally quite innocent,
his election is void, and he is incapable of being chosen by that
constituency for seven years.[224:2]
[Sidenote: But only if done by the Candidate or his Agents.]
Public-domain text, read in full here on John Shaqi.
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