In order to annul votes already cast for opposing candidates, it may hire the election officers to make additional marks upon the ballots before they are counted. In this way in the city of Providence, R. I., at the last election many votes for Augustus S. Meller, the Democratic candidate for mayor, were rendered void—fortunately, however, not in sufficient numbers to prevent his election.
And not even yet has the corrupted election officer reached the full extent of his ability to defraud. It still is possible for him to miscount votes; or he may announce the result falsely—for example, by revising the total number of votes given to the candidates, when the real majority proves to be adverse to his suborned wishes.
In case there is a Returning Board, whose duty it is to make a second and final count of the votes cast, as is the law in the city of Providence and the state of Rhode Island, that board, too, or its controlling members, may be partisan and corrupt.
At the late election in Rhode Island all the ballots for state officers and for Presidential electors were in possession of a partisan Returning Board, of which the chairman of the Republican State Central Committee was the head, for a period of three full weeks before the counting began. If there were miscounts in certain voting districts on election day, it was easily possible for members of that Returning Board to open the sealed packages of ballots, make such changes as were necessary in order to have the ballots conform roughly to the previously announced figures, and then to reseal without the fraud being detected.
But, it may be asked, where are the courts while such frauds are being perpetrated? Why are not these criminal election officers punished? Unfortunately, the courts, too, are frequently partisan, especially the lower courts, before which the cases are first brought.
After the election of last November in Rhode Island, three cases were brought before the inferior courts—one for bribery, one for posing as an illiterate voter and one against an election officer in charge of a ballot-box for allowing the deposit by voters of sham instead of official ballots. Each of these causes was brought before a different local judge, and all were thrown out of court. Several days before election it was known that immunity had been promised to hesitating and apprehensive election officers. “The Republican Party controls the courts,” they were told, “and would see that no punishment was meted out to them for unlawful acts.”
It is needless to say that, if corrupt practices in elections continue to increase, the end of popular government in this country is in sight. Already there exists a widespread and deep-seated distrust of the result of elections. Instances could be given, occurring within the past ten years, in which a very large proportion of the voters interested, perhaps a majority of those voting, believe that the wrong candidate was inducted into office.
Certainly no duty is more pressing than to see to it that in every election the unbiased and unbought will of the people be recorded.
Is there a remedy? And, if so, what is it? My conviction is, that we only need to carry out the intent of the founders of this government. They blazed the way; we must make a clear and beaten track along that way.
By a republican form of government the Revolutionary statesmen meant two things, which now are not carried out. They meant that every state, and the nation as well, should possess a legislative body, representative of the will of the people. Nowhere does this exist, not even where honest elections assure a free ballot and a fair count. Neither in ability nor in opinion do state legislatures by their acts represent a majority of their constituents, except by accident. Nor will they represent the people until each political party, whether large or small, elects its due proportion of the members. That is to say, a party which casts forty-five per cent. of the total vote for representatives must have forty per cent. of the legislature, and the party which casts five per cent. of the total vote must have five per cent. of the legislature. Then only will statute law be framed in accordance with the will of a majority of the people.