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IV. Electoral Procedure and Regulations
Оглавление97. Writs and Election Days.—When a parliament is dissolved the royal proclamation wherein the dissolution is declared expresses the desire of the crown to have the advice of the people and announces the sovereign's will and pleasure to call a new parliament. With this proclamation as a warrant, the chancellors of Great Britain and Ireland forthwith issue writs of election, addressed to the returning officers of the counties and boroughs, i.e., in all Scotch and Irish constituencies and in the English counties the sheriffs, or their deputies, and in the English boroughs the mayors. The form of these writs, as well as the nature of the electoral procedure generally, is prescribed in the Parliamentary and Municipal Elections Act, commonly known as the Ballot Act, of 1872.[133] Upon receipt of the proper writ the returning officer gives notice of the day and place of the election, and of the poll if it is known that the election will be contested. In the counties the election must take place within nine days, in the boroughs within four days, after receipt of the writ, but within these limits the date is fixed in each constituency by the returning officer. What actually happens on election day is: (1) all candidates for seats are placed formally in nomination; (2) if within an hour of the time fixed for the election the number of nominated candidates does not exceed the number of places to be filled, the election of these candidates is forthwith declared; and (3) if there is a contest the election is postponed to a polling day, to be fixed by the returning officer, in the counties from two to six, and in the boroughs not more than three, days distant.
98. The Polling.—Prior to 1872 candidates were nominated viva voce at the "hustings," an outdoor platform erected for the purpose; but nowadays nominations are made in writing. It is required that a candidate shall be proposed by a registered elector of the constituency and that his nomination shall be assented to formally by nine other electors. The number of uncontested elections is invariably large (especially in Ireland, where, in many instances, it is useless to oppose a candidate to the Nationalists), the proportion reaching sometimes one-fourth, and even one-third. Polling is completed within an individual constituency during the course of a single day, the hours being from eight o'clock in the morning until eight o'clock in the evening, but under the arrangements that have been described it falls out that a national election is extended invariably through a period of more than two weeks. The system operates, of course, to the advantage of the plural voter, who is enabled to present himself at the polls from day to day in widely separated constituencies. For the convenience of voters constituencies are divided regularly into districts, or precincts. When the properly qualified and registered elector appears at the polls a ballot paper is presented to him containing the names of the candidates. He takes this to a screened compartment and places a cross-mark opposite the name or names of those for whom he desires to vote, after which the paper is deposited in a box. At the conclusion of the polling, the boxes are transmitted to the returning officer of the constituency, the votes are counted, and the result is declared. The writ which served as the returning officer's authority is indorsed with a certificate of the election and returned to the clerk of the Crown in Chancery. It is to be observed, however, that in the universities the Ballot Act does not apply. In these constituencies an elector may deliver his vote orally, or he may transmit it by proxy from his place of residence.[134]
99. Frequency of Elections: the Campaign.—General elections do not take place in Great Britain with periodic regularity. The only positive requirement in the matter is that an election must be ordered when a parliament has attained the maximum lifetime allowed it by law. Prior to 1694 there was no stipulation upon this subject and the king could keep a parliament in existence as long as he liked. Charles II. retained for seventeen years the parliament called at his accession. From 1694 to 1716, however, the maximum term of a parliament was three years; from 1716 to 1911 it was seven years; to-day it is five years.[135] In point of fact, parliaments never last through the maximum period, and an average interval of three or four years between elections has been the rule. In most instances an election is precipitated more or less unexpectedly on an appeal to the country by a defeated ministry, and it not infrequently happens that an election turns all but completely upon a single issue and thus assumes the character of a national referendum upon the subject in hand. This was pre-eminently true of the last general election, that of December, 1910, at which the country was asked to sustain the Asquith government in its purpose to curb the independent authority of the House of Lords. In any event, the campaign by which the election is preceded is brief, although it continues throughout the electoral period, and, if the outcome is doubtful, tends to increase rather than to diminish in intensity. Appeals to the voters are made principally through public speaking, the controversial and illustrated press, the circulation of pamphlets and handbills, parades and mass-meetings, and the generous use of placards, cartoons, and other devices designed to attract and focus attention. Plans are laid, arguments are formulated, and leadership in public appeal is assumed by the members of the Government, led by the premier, and, on the other side, by the men who are the recognized leaders of the parliamentary Opposition.[136]
100. The Regulation of Electoral Expenditure.—Time was, and within the memory of men still living, when an English parliamentary election was attended by corrupt practices so universal and so shameless as to appear almost more ludicrous than culpable. Voters as a matter of course accepted the bribes that were tendered them and ate and drank and smoked and rollicked at the candidate's expense throughout the electoral period and were considered men of conscience indeed if they did not end by going over to the opposition. The notorious Northampton election of 1768, in the course of which a body of voters numbering under a thousand were the recipients of hospitalities from the backers of three candidates which aggregated upwards of a million pounds, was, of course, exceptional; but the history of countless other cases differed from it only in the amounts laid out. To-day an altogether different state of things obtains. From having been one of the most corrupt, Great Britain has become one of the most exemplary of nations in all that pertains to the proprieties of electoral procedure. The Ballot Act of 1872 contained provisions calculated to strengthen pre-existing corrupt practices acts, but the real turning point was the adoption of the comprehensive Corrupt and Illegal Practices Act of 1883. By this measure bribery (in seven enumerated forms) and treating were made punishable by imprisonment or fine and, under varying conditions, political disqualification. The number and functions of the persons who may be employed by the candidate to assist in a campaign were prescribed, every candidate being required to have a single authorized agent charged with the disbursement of all moneys (save certain specified "personal" expenditures) in the candidate's behalf and with the duty of submitting to the returning officer within thirty-five days after the election a sworn statement covering all receipts and expenditures. And, finally, the act fixed, upon a sliding scale in proportion to the size of the constituencies, the maximum amounts which candidates may legitimately expend. In boroughs containing not more than 2,000 registered voters the amount is £350, with an additional £30 for every thousand voters above the number mentioned. In rural constituencies, where proper outlays will normally be larger, the sum of £650 is allowed when the number of registered electors falls under 2,000, with £60 for each additional thousand. Beyond these sums the candidate is allowed an outlay of £100 for expenses of a purely personal character.
The range of expenditure which is thus permitted by law is, of course, considerable, and the records of election cases brought into the courts demonstrate that not infrequently in practice its limits are exceeded. None the less, the effect of the law has been undeniably to restrain the outpouring of money by candidates, to purify politics, and at the same time to enable men of moderate means to stand for election who otherwise would be at grave disadvantage as against their wealthier and more lavish competitors. It is of interest to observe that by reason of the non-participation of the state in electoral costs there fall upon candidates certain charges which are unknown in the United States and other countries. The bills submitted by the returning officer must be paid by the candidates within the constituency, and these bills cover the publishing of notices of the election, the preparing and supplying of nomination papers, the cost of dies, ballot-paper, polling-stations, and printing, the fees of clerks, and, finally, the travelling expenses and fee of the returning officer himself. The candidate's share of this outlay may be as small as £25, but it is likely to be from £200 to £300 and may rise to as much as £600.[137]