CONDUCT OF ELECTIONS

Press, Volume LXXIV, Issue 22517, 27 September 1938, Page 10

CONDUCT OF ELECTIONS

STIPULATIONS OF THE LAW WHAT CANDIDATES CANNOT DO MANY POSSIBLE TRAPS FOR THE UNWARY ✓The list of possible illegal or corrupt practices which an election candidate must guard against is so long that a close study of them, particularly as they appear in the austere pages of the statute book, would probably frighten many an aspiring politician. The major offences are known well enough to candidates of experience and to party organisers, who keep a close eye on them, but there are others which are comparatively obscure to candidates as well as to the public. One of the major offences, "treating," has been the subject of some interesting election petitions in New Zealand, these alone showing that it is possible even for an experienced candidate to overstep* the close provisions of the electoral law. Defined in the Electoral Act, 1927, the offence of treating applies to election day. The act says, although not so directly, that every person commits the offence of "treating" who, being a candidate, either directly or indirectly, on t llling days, pays all or any part of expenses for meat, drink, entertainment, or provisions to any person, with the idea of procuring election, or of influencing anyone to vote or refrain from voting. It is also an offence of "treating" if the holder of a publican's licence for the sale of liquor, knowingly supplies any me'a', drink, entertainment, or provision to any person where the supplies are demanded for treating or corrupt or illegal practice, or to any person, whether electors or not, for the purpose of promoting or procuring the return of any candidate, and without receiving payment for the supplies at the time of supply. In the annotated statutes there is an interesting note on "treating." It is pointed out that the provisions of this section are of a penal nature and must be strictly construed. "Treating must be corrupt and a corrupt intention on the part of the. person treating to influence the votes of those treated." The Eden election petition of 1923 is quoted, with the following note: "Where refreshments were dispensed after a gathering, and neither the respondent nor his agents were aware of the arrangements, and did not pay or undertake to pay the cost, it was held that they had not been guilty of corrupt or illegal practices." "Undue Influence" There is a similar offence, denned as "undue influence." Here, the person who commits the offence must be found guilty of making use or threatening to make use of "force, violence, or restraint" to compel a person to vote or to refrain from voting. • It is an offence of "undue influence" to practise any form of intimidation against a possible voter. This, of course, is a "don't" not only for candidates, but for all persons. It is illegal practice for a candidate to undertake certain expenditure. No payment or contract for payment, for promoting or procuring the election of a candidate, can be made on account of the conveyance of electors to or from the poll, for "bands, torches, flags, banners, cockades, ribbons or other marks of distinction," for exhibiting bills, addresses or notices. The authorised, legal expenses of .a candidate are clearly defined. They are the personal expenses of a candidate; the expenses of printing and of advertising in newspapers; of stationery, postage and telegrams; of holding public meetings; of a number of com-mittee-rooms, not exceeding one for each polling-place in the electorate; and expenses in respect of miscellaneous matters not exceeding £25. This £2b cannot be spent under any of the headings set out as illegal in the legislation. As the annotations point out, a very slight unauthorised payment may amount to an illegal practice. Candidate Must Pay . A candidate is not allowed to use any part of licensed premises as a committee-room; there are strict limits to the employment of helpers by candidates. No payment for election expenses can be made except by or through the candidate himself. An agent cannot make the payment on behalf of the candidate. Wagers on the result of an election arc illegal and any person making one is liable to a fine of £25. The law says any person commits an illegal practice who "makes any wager, bet or other risk of any nature upon the result of any election." Bribery (either by money or the promise of some valuable consideration) can be charged not only against those who give or promise, but against those who receive any consideration designed to influence voting. Any person, candidate or elector, who is convicted of a corrupt or illegal practice at election time, is deprived of his vote, debarred from holding anv public office, and if for corrupt practice, from holding a seat m the House of Representatives.