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
It will be observed that in order to set aside an election, the corrupt
practice must be brought home to the candidate, personally or through
his agents. In accordance with the older traditions of English public
life, the election is regarded as the affair of the candidates alone.
The action of party organisations, or other bodies, is not taken into
account,[224:3] and their conduct has no effect upon the result, unless
their relations with the candidate have been such as to make them his
agents. So long as a political association is urging the general
interests of the party, rather than supporting a particular candidate,
he is not responsible for their acts. It has been held, for example,
that a candidate is not responsible for treating by such an association,
although he was present and spoke at the meeting where it was done, if
it was got up by them for their own purposes, and not to assist in his
election.[224:4] It has been held, also, that a payment by a party
organisation of bills for music and beer at public meetings, previous to
an election, and even the candidate's subscription to their funds, need
not be included in his election expenses, unless the organisation was a
sham supported by him.[224:5]
In all such cases it is difficult to prove agency to the satisfaction of
an election court. The time must come in any election, however, when the
local party association by active assistance to the candidate becomes
his agent.[225:1] But this is not true of other bodies less directly
connected with the party organisation, which are, nevertheless, in the
habit of doing a great deal of work at elections. Thus it has been held
that a Licensed Victuallers Association, having a distinct and direct
interest in the election, did not become the agent of the candidate,
although it played an important part in the campaign.[225:2] That this
leaves a door wide open for corrupt influence is self-evident.
[Sidenote: General Corruption.]
To the general principle that a corrupt practice must be brought home to
the candidate there is one exception. If bribery, treating, personation,
intimidation, or undue influence, whether physical or ecclesiastical,
has been general in the constituency--that is, so extensive that the
voting could not have been the free expression of the will of the
electorate--the result of the election is invalid at common law,
although neither the candidate nor his agent are directly
implicated.[225:3]
[Sidenote: Distinction between Corrupt and Illegal Practices.]
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