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Practical Notes on the Management of Elections




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Excerpt from Practical Notes on the Management of Elections: Being Three Lectures on Parliamentary Election Law and Practice, Given at the London School of Economics and Political Science, (University of London) The modern statutes which are of special application to election work in this country begin with the Parliamentary Election Act of 1853, which limits the time for proceeding to election in certain constituencies. The statutes of first importance are, however, 17 and 18 Viet., c. 102, which consolidates and amends the law relating to bribery, treating, and undue influence; the Representation of the People Act, 1867 (which, incidentally, provides for the representation of the University of London); the Parliamentary Elections Act, 1868, which is the main authority for the law relating to election petitions; the supremely important Ballot Act (1872); and the Corrupt and Illegal Practices Prevention Act, 1883, which is practically a codification of the law on the subject. This Act is an almost contemporary enunciation of the legal principles applicable to elections. It is an Act with which every election agent and every active and responsible political worker, whether official or unofficial, ought to be thoroughly acquainted. The Registration Act and the Redistribution Act, both of 1885, are concerned with elements of the electoral mechanism which do not enter into the present survey. The only two important additions to election legislation, since 1883, are (a) the Corrupt and Illegal Practices Prevention Act of 1895, which deals with false statements of fact with reference to the personal conduct or character of a candidate; and (b) the Public Meeting Act, 1908. Both these Acts will be briefly considered in their place. Beyond this legislation, however, we have to take into consideration (a) the decisions of the election petition judges with regard to the interpretation of these statutes; (b) the decisions and interpretations of the old Election Committees, who tried election petitions before 1868, when the House of Commons decided to delegate its functions in these matters to one judge, and in 1879 to two judges, of the High Court, and (c) certain election customs, now universally recognised as reasonable and fair. Most of these are legal, but one or two are of extremely doubtful legality, though, by a kind of tacit agreement between parties, they are never challenged. Such, for instance, is the employment of paid party agents, sent down from the central offices of the party organisation, to assist in by-elections. These gentlemen are remunerated from the central party funds, but the money which they receive is not reckoned among the election expenses, where, strictly speaking, it certainly ought to appear. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.


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