The Government of England (Vol. I)

by A. Lawrence Lowell

Or Know When Election Period Begins.

Then there is the uncertainty when the election period begins, and hence what payments must be included in the return of election expenses. The Act of 1883 defines a candidate, unless the context otherwise requires, as one who is nominated or declared to be such on or after the issue of the writ or the dissolution or vacancy in consequence of which it is issued.[233:1] But clearly this does not mean that a corrupt act committed earlier will not avoid the election. On the contrary it is settled by repeated decisions that a man may become a candidate, and his election expenses may begin, before that date;[233:2] although it is impossible to lay down any hard and fast limit of time.[233:3] A great deal must depend on the nature of the expense itself. Registration, for example, is something entirely distinct from the election, and the cost of registration, whenever incurred, need not be included in the return of expenses.[233:4] On the other hand proof of the actual purchase of a vote at any time would certainly cost the candidate his seat.[233:5] Between these two extremes there are a great many acts whose character is affected by the proximity of an election. A subscription to a local political organisation, made when the dissolution was impending, has been held to be a part of the election expenses,[233:6] when it would not be so under other circumstances;[233:7] and in the same way the question whether a gift of money or food to relieve distress in the constituency is or is not made with a corrupt purpose of influencing votes may depend upon the expectation of an election in the near future.[233:8]

Nursing Constituencies.

As general elections in England come at irregular intervals, and at short notice, it is common to select candidates without regard to the prospect of a dissolution, sometimes years before it occurs; and in fact the sitting member, having a presumptive right to stand again, is regarded in the light of a permanent candidate. Under these conditions it is the habit in most places for a candidate, who can afford it, to ingratiate himself with his constituents by subscribing liberally to public and charitable objects; and since a payment to be corrupt must be made for the purpose of influencing particular voters[234:1] subscriptions of this kind are not deemed corrupt; nor, unless given near the time of an election, are they election expenses or illegal payments.[234:2] The practice is called nursing a constituency, and it takes a great variety of forms, from a subscription for a cricket club to the founding of a hospital. The sums expended vary very much with the nature of the place and the wealth of the candidate, and no one knows how large they are in the aggregate, because men do not state publicly what they give in this way; but as far as one can form an opinion, it would appear that such gifts by a member of Parliament commonly amount to a number of hundred pounds a year. It is obvious that the custom of nursing, combined with the uncertainty about the time when the election period begins, opens a door to abuse.

Difficulty in Getting Evidence.

Another difficulty in a strict enforcement of the election laws is connected with the proof of the offence. A witness cannot, indeed, refuse to give evidence on the ground that it will incriminate him, for the law provides that he must testify; and if he tells the truth he is entitled to a certificate of indemnity, which protects him against prosecution.[234:3] But the facts that tend to establish bribery, for example, are directly known, as a rule, only to persons who have the strongest motives for concealing them; and the same thing is true to a greater or less extent of other breaches of the election law. It is clear, therefore, that if the offence must be proved by legally competent evidence beyond reasonable doubt, as in criminal cases, an election procured by improper means may well stand, just as many criminals escape punishment; and this brings us to another question, that of the efficiency of the election courts.

Merits of the Election Courts.

The system of sending petitions for trial to a couple of judges selected by the bench itself has provided a court as free as any human tribunal can be from the party bias that always affects the decisions of such questions by a legislative body.

Their Defects.

Expense of Petitions.