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
Besides corrupt practices, certain other acts are forbidden under the
name of illegal practices; but the provisions relating to them are
mainly designed to restrain the expense of elections, and will be
described under that head. The essential distinction between the two
practices is much like that which lawyers were formerly in the habit of
drawing in the case of crimes between _malum prohibitum_ and _malum in
se_. A corrupt practice involves moral turpitude, and it is necessary to
prove a corrupt intent.[225:4] A gift to a voter, for example, is not
bribery unless it is made for the purpose of influencing his vote; but
an illegal practice is simply an act forbidden by statute, and as
such--in the case, for instance, of a payment of expenses above the
maximum fixed by law--is illegal without regard to the motive with which
it is done. For this reason a corrupt practice cannot be
excused,[226:1] while the election court may grant relief from the
consequences of an illegal practice where it is trivial in itself, and
was committed without the connivance of the candidate who took all
reasonable means to prevent it; or where, although the direct act of the
candidate or his election agent, it arose from inadvertence, accidental
miscalculation, or other reasonable cause; or, finally, where a failure
to make a return of expenses has been due to illness.
[Sidenote: Practices Tending to Lower the Tone of Elections.]
Some acts which, without involving great expense, tend to lower the tone
of elections, are treated as illegal practices, and forbidden by
statute. Such are the use for committee rooms[226:2] of premises where
liquor is sold, and the furnishing of voters with cockades, ribbons, or
other marks of distinction,[226:3] a proceeding which is believed to
engender broils.
[Sidenote: Restraint of Expenditure.]
Other acts apparently harmless are prohibited in order to prevent
extravagance. The most curious example of this is the provision
forbidding the use of hired carriages to take voters to the
polls.[226:4] Such a rule may seem unnecessary; but before the Act of
1883, by which it was enacted, thousands of pounds were said to have
been spent in certain cases for the conveyance of electors. The Act does
not forbid the use of carriages, but only of hired ones; and the result
is that the private carriages and motor cars of wealthy partisans,
sometimes blazoned with ancient armorial bearings, are placed at the
disposal of the candidate. In fact in estimating the chances of an
election one constantly hears that the Conservative has the advantage of
a larger number of carriages.
[Sidenote: Authorised Expenses.]
[Sidenote: Employment.]
Public-domain text, read in full here on John Shaqi.
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