under the suspicion of being prompted by party feeling, and by an act of 1868 the jurisdiction was finally transferred to judges of the High Court, notwithstanding the general unwillingness of the bench to accept a class of business which they feared might bring their integrity into dispute. Section 11 of the act ordered, inter alia, that the trial of every election petition shall be conducted before a puisne judge of one of the common law courts at Westminster and Dublin; that the said courts shall each select a judge to be placed on the rota for the trial of election petitions; that the said judges shall try petitions standing for trial according to seniority or otherwise, as they may agree; that the trial shall take place in the county or borough to which the petition refers, unless the court should think it desirable to hold it elsewhere. The judge shall determine “whether the member whose return is complained of, or any and what other person, was duly returned and elected, or whether the election was void,” and shall certify his determination to the speaker. When corrupt practices have been charged the judge shall also report (1) whether any such practice has been committed by or with the knowledge or consent of any candidate, and the nature thereof; (2) the names of persons proved to have been guilty of any corrupt practice; and (3) whether corrupt practices have extensively prevailed at the election. Questions of law were to be referred to the decision of the court of common pleas. On the abolition of that court by the Judicature Act 1873, the jurisdiction was transferred to the common pleas division, and again on the abolition of that division was transferred to the king’s bench division, Election petitions. in whom it is now vested. The rota of judges for the trial of election petitions is also supplied by the king’s bench division. The trial now takes place before two judges instead of one; and, when necessary, the number of judges on the rota may be increased. Both the judges who try a petition are to sign the certificates to be made to the speaker. If they differ as to the validity of a return, they are to state such difference in their certificate, and the return is to be held good; if they differ as to a report on any other matter, they are to certify their difference and make no report on such matter. The director of public prosecutions attends the trial personally or by representative. It is his duty to watch the proceedings in the public interest, to issue summonses to witnesses whose evidence is desired by the court, and to prosecute before the election court or elsewhere those persons whom he thinks to have been guilty of corrupt or illegal practices at the election in question. If an application is made for leave to withdraw a petition, copies of the affidavits in support are to be delivered to him; and he is entitled to be heard and to call evidence in opposition to such application. Witnesses are not excused from answering criminating questions; but their evidence cannot be used against them in any proceedings except criminal proceedings for perjury in respect of that evidence. If a witness answers truly all questions which he is required by the court to answer, he is entitled to receive a certificate of indemnity, which will save him from all proceedings for any offence under the Corrupt Practices Acts committed by him before the date of the certificate at or in relation to the election, except proceedings to enforce any incapacity incurred by such offence. An application for leave to withdraw a petition must be supported by affidavits from all the parties to the petition and their solicitors, and by the election agents of all of the parties who were candidates at the election. Each of these affidavits is to state that to the best of the deponent’s knowledge and belief there has been no agreement and no terms or undertaking made or entered into as to the withdrawal, or, if any agreement has been made, shall state its terms. The applicant and his solicitor are also to state in their affidavits the grounds on which the petition is sought to be withdrawn. If any person makes an agreement for the withdrawal of a petition in consideration of a money payment, or of the promise that the seat shall be vacated or another petition withdrawn, or omits to state in his affidavit that he has made an agreement, lawful or unlawful, for the withdrawal, he is guilty of an indictable misdemeanour. The report of the judges to the speaker is to contain particulars as to illegal practices similar to those previously required as to corrupt practices; and they are to report further whether any candidate has been guilty by his agents of an illegal practice, and whether certificates of indemnity have been given to persons reported guilty of corrupt or illegal practices.
The Corrupt Practices Acts apply, with necessary variations in details, to parliamentary elections in Scotland and Ireland.
The amendments in the law as to municipal elections are generally similar to those which have been made in parliamentary election law. The procedure on trial of petitions is substantially the same, and wherever no other provision is made by the acts or rules the procedure on the trial of parliamentary election petitions is to be followed. Petitions against municipal elections were dealt with in 35 & 36 Vict. c. 60. The election judges appoint a number of barristers, not exceeding five, as commissioners to try such petitions. No barrister can be appointed who is of less than fifteen years’ standing, or a member of parliament, or holder of any office of profit (other than that of recorder) under the crown; nor can any barrister try a petition in any borough in which he is recorder or in which he resides, or which is included in his circuit. The barrister sits without a jury. The provisions are generally similar to those relating to parliamentary elections. The petition may allege that the election was avoided as to the borough or ward on the ground of general bribery, &c., or that the election of the person petitioned against was avoided by corrupt practices, or by personal disqualification, or that he had not the majority of lawful votes. The commissioner who tries a petition sends to the High Court a certificate of the result, together with reports as to corrupt and illegal practices, &c., similar to those made to the speaker by the judges who try a parliamentary election petition. The Municipal Elections (Corrupt and Illegal Practices) Act 1884 applied to school board elections subject to certain variations, and has been extended by the Local Government Act 1888 to county council elections, and by the Local Government Act 1894 to elections by parochial electors. The law in Scotland is on the same lines, and extends to all non-parliamentary elections, and, as has been stated, the English statutes have been applied with adaptations to all municipal and local government elections in Ireland.
United States.—Elections are much more frequent in the United States than they are in Great Britain, and they are also more complicated. The terms of elective officers are shorter; and as there are also more offices to be filled, the number of persons to be voted for is necessarily much greater. In the year of a presidential election the citizen may be called upon to vote at one time for all of the following: (1) National candidates—president and vice-president (indirectly through the electoral college) and members of the House of Representatives; (2) state candidates—governor, members of the state legislature, attorney-general, treasurer, &c.; (3) county candidates—sheriff, county judges, district attorney, &c.; (4) municipal or town candidates—mayor, aldermen, selectmen, &c. The number of persons actually voted for may therefore be ten or a dozen, or it may be many more. In addition, the citizen is often called upon to vote yea or nay on questions such as amendments to the state constitutions, granting of licences, and approval or disapproval of new municipal undertakings. As there may be, and generally is, more than one candidate for each office, and as all elections are now, and have been for many years, conducted by ballot, the total number of names to appear on the ballot may be one hundred or may be several hundred. These names are arranged in different ways, according to the laws of the different states. Under the Massachusetts law, which is considered the best by reformers, the names of candidates for each office are arranged alphabetically on a “blanket” ballot, as it is called from its size, and the elector places a mark opposite the names of such candidates as he may wish to vote for. Other states, New York for example, have the blanket system, but the names of the candidates are arranged in party columns. Still other states allow the grouping on one ballot of all the candidates of a single party, and there would be therefore as many separate ballots in such states as there were parties in the field.
