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
The class of person selected for this duty is not only a matter of great
importance to the candidate, but upon it depends also in large measure
the purity of elections. A candidate may act as his own election agent,
but this is rarely done. Usually, though by no means invariably, he
takes the paid secretary of the local political association, who has the
advantage of knowing the constituency better than any one else; and the
Practical Manual for Parliamentary Elections, issued by the Conservative
party, advises that course.[229:4] Rogers, on the other hand, in his
work on Elections,[229:5] warns candidates that it is unwise to select
such persons, because "when this is done attempts are frequently made to
saddle the candidate with responsibility for the acts of the association
and its members." "A further danger," he remarks, "arises in such cases
of the election expenses being confused with or concealed under
registration or other expenses of the association." With the modern
organisation of parties a confusion of that kind is liable to occur in
any event; and perhaps it is not so much dreaded by candidates as the
author of the text-book on elections might imply. In spite of any
dangers that may lurk in the practice, it is not only common, but
apparently growing; and in fact the occupation of a paid secretary and
agent has developed into a profession whose characteristics will be
discussed in the chapters on party organisations.
[Sidenote: The Election Court.]
Formerly the validity of elections was decided by the House of Commons
itself, with the natural consequence that politics were a large factor
in the result. To such an extent was this true that the fall of Sir
Robert Walpole was brought about by a hostile vote on an election case.
In 1770 the matter was placed by statute in the hands of select
committees of the House; but that did not put an end to political bias,
and finally in 1868, the trial of election petitions, whether filed on
the ground of a miscount, or of corrupt or illegal practices, was
committed to a judicial body. The tribunal now consists of two judges of
the King's Bench Division of the High Court of Justice, selected by the
other judges of that division.[230:1]
A defeated candidate, or any voter, may present to the court a petition
stating the grounds on which he claims that the election is invalid, and
the case is then tried, witnesses are examined, and costs are awarded,
according to the usual course of judicial proceedings. The decision
takes the form of a report to the Speaker of the House of Commons, but
it is really a final judgment upon the questions involved, for if the
court finds that corrupt or illegal practices have taken place, the
report has the effect not merely of avoiding the election, but of
subjecting the candidate, and any guilty persons, to the political
incapacities which those practices entail.[230:2]
[Sidenote: Results of the Corrupt Practices Act.]
[Sidenote: Reduction of Expense.]
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