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Chapter XV
THE CHECKING AND CANCELLATION OF ELECTIONS AND RECALL OF THE DEPUTIES
Оглавление71. The respective Soviets receive all the records of the proceedings of the election.
72. The Soviet appoints a commission to verify the election.
73. This commission reports the results to the Soviet.
74. The Soviet decides the question when there is doubt as to which candidate is elected.
75. The Soviet announces a new election if the election of one candidate or another cannot be determined.
76. If an election was irregularly carried on in its entirety, it may be declared void by a higher Soviet authority.
77. The highest authority in relation to questions of elections is the All-Russian Central Executive Committee.
78. Voters who have sent a deputy to the Soviet have the right to recall him, and to have a new election, according to general provisions.
It is quite clear that the suffrage here provided for is not universal; that certain classes of people commonly found in modern civilized nations in considerable numbers are not entitled to vote. There may be some doubt as to the precise meaning of some of the paragraphs in Chapter XIII, but it is certain that, if the language used is to be subject to no esoteric interpretation, the following social groups are excluded from the right to vote: (a) all persons who employ hired labor for profit, including farmers with a single hired helper; (b) all persons who draw incomes from interest, rent, or profit; (c) all persons engaged in private trade, even to the smallest shopkeeper; (d) all ministers of religion of every kind; (e) all persons engaged in work which is not defined by the proper authorities as “productive and useful to society”; (f) members of the old royal family and those formerly employed in the old police service.
It is obvious that a very large part of the present voting population of this country would be disfranchised if we should adopt these restrictions or anything like them. It may be fairly argued in reply, however, that the disfranchisement would be—and now is, in Russia—a temporary condition only; that the object of the discriminations, and of other political and economic arrangements complementary to them, is to force people out of such categories as are banned and penalized with disfranchisement—and that this is being done in Russia. In other words, people are to be forced to cease hiring labor for profit, engaging in private trade, being ministers of religion, living on incomes derived from interest, rent, or profits. They are to be forced into service that is “productive and useful to society,” and when that is accomplished they will become qualified to vote. Thus practically universal suffrage is possible, in theory at any rate.
So much may be argued with fair show of reason. We may dispute the assumption that there is anything to be gained by disfranchising a man because he engages in trade, and thereby possibly confers a benefit upon those whom he serves. We may doubt or deny that there is likely to accrue any advantage to society from the disfranchisement of all ministers of religion. We may believe that to suppress some of the categories which are discriminated against would be a disaster, subversive of the life of society even. When all this has been admitted it remains the fact that it is possible to conceive of a society in which there are no employers, traders, recipients of capitalist incomes, or ministers of religion; it is possible to conceive of such a society in which, even under this constitution, only a very small fraction of the adult population would be disfranchised. Of course, it is so highly improbable that it borders on the fantastic; but it is, nevertheless, within the bounds of conceivability that practically universal suffrage might be realized within the limits of this instrument.
Let us examine, briefly, the conditions under which the franchise is to be exercised: we do not find any provision for that secrecy of the ballot which experience and ordinary good sense indicate as the only practicable method of eliminating coercion, intimidation, and vote-trafficking. Nor do we find anything like a uniform method of voting. The holding of elections “conducted according to custom on days fixed by the local Soviets”—themselves elective bodies—makes possible an amount of political manipulation and intrigue which almost staggers the imagination. Not until human beings attain a far greater degree of perfection than has ever yet been attained, so far as there is any record, will it be safe or prudent to endow any set of men with so much arbitrary power over the manner in which their fellows may exercise the electoral franchise.
There is one paragraph in the above-quoted portions of the Constitution of Soviet Russia which alone opens the way to a despotism which is practically unlimited. Paragraph 70 of Chapter XIV provides that: “Detailed instructions regarding the election proceedings and the participation in them of professional and other workers’ organizations are to be issued by the local Soviets, according to the instructions of the All-Russian Central Executive Committee.” Within the scope of this general statement every essential principle of representative government can be lawfully abrogated. Elsewhere it has been shown that trades-unions have been denied the right to nominate or vote for candidates unless “their declared relations to the Soviet Government are approved by the Soviet authorities”; that parties are permitted to nominate only such candidates as are acceptable to, and approved by, the central authority; that specific orders to elect certain favored candidates have actually been issued by responsible officials. Within the scope of Paragraph 70 of Chapter XIV, all these things are clearly permissible. No limit to the “instructions” which may be given by the All-Russian Central Executive Committee is provided by the Constitution itself. It cannot be argued that the danger of evil practices occurring is an imaginary one merely; the concrete examples cited in the previous chapter show that the danger is a very real one.
In this connection it is important to note Paragraph 23 of Chapter V, Article VI, which reads as follows:
Being guided by the interests of the working-class as a whole, the Russian Socialist Federal Soviet Republic deprives all individuals and groups of rights which could be utilized by them to the detriment of the Socialist Revolution.
This means, apparently, that the Council of People’s Commissars can at any time disfranchise any individual or group or party which aims to overthrow their rule. This power has been used with tremendous effect on many occasions.
Was it this power which caused the Bolsheviki to withhold the electoral franchise from all members of the teaching profession in Petrograd, we wonder? According to Section 64 of Chapter XIII of the Soviet Constitution, the “right to vote and to be elected to the Soviets” belongs, first, to “all who have acquired the means of livelihood through labor that is productive and useful to society.” Teachers employed in the public schools and other educational institutions—especially those controlled by the state—would naturally be included in this category, without any question, one would suppose, especially in view of the manner in which the Bolsheviki have paraded their great passion for education and culture. Nevertheless, it seems to be a fact that, up to July, 1919, the teaching profession of Petrograd was excluded from representation in the Soviet. The following paragraph from the Izvestia of the Petrograd Soviet, dated July 3, 1919, can hardly be otherwise interpreted:
Teachers and other cultural-educational workers this year for the first time will be able, in an organized manner through their union, to take an active part in the work of the Petrograd Soviet of Deputies. This is the first and most difficult examination for the working intelligentsia of the above-named categories. Comrades and citizens, scholars, teachers, and other cultural workers, stand this test in a worthy manner!
Let us now turn our attention to those provisions of the Constitution of the Russian Socialist Federal Soviet Republic which concern the general political organization of the Soviet state. These are contained in Article III, Chapters VI to XII, inclusive, and are as follows: