-;^*'. 
 
 ''<«kv 
 
 % 
 
 M 
 
 "^ 
 
 #1 
 
 **i;**SCs 
 
 ??"«? 
 
 »#' 
 
 ^^;
 
 PROPOSED 
 
 Braft ^mentiments 
 
 TO THE 
 
 CORRUPT PRACTICES BILL 
 
 BEING AN 
 
 APPENDIX 
 
 TO 
 
 MR. SYDNEY BUXTON'S 
 
 '* €lectaml Puritg anti ^cattamg," 
 
 Published by the London and Counties 
 Liberal Union. 
 
 PUBUSHED BY 
 
 THE NATIONAL PRESS AGENCY, LIMITED, 
 1 3, Whitefriars Street^ E. C. 
 
 PRICE ONE PENNY.
 
 Proposed Amendments to the Corrupt 
 Practices Bill. 
 
 The Clauses and Sections proposed to be inserted 
 are not drawn up in prolix, Act-of-Parliament 
 English ; their sense only is intended to be given. 
 It would be easy for anyone desiring to move the 
 Amendments to draft them properly. 
 
 The grounds on which these diverse amendments 
 are supported will be found in my paper, Electoral 
 Purity and Economy published by the London and 
 Counties Liberal Union, i8 VValbrook, and in an 
 article on the Corrupt Practices Bill, Contemporary 
 Review^ May, 1881. 
 
 SYDNEY C. BUXTON. 
 15, Eaton Place, March, 1882.
 
 CONTENTS. 
 
 I. Sections Proposed to be Omitted 
 
 II. Sections Proposed to be Amended or Inserted : — 
 
 {a) Betting 
 
 (d) Employment ► 
 
 (c) Illegal Expenditure 
 
 Limitation on Number of Firms Employed 
 
 Polling Cards 
 
 Stamped Replies 
 
 (</) Polling Cards ; Returning Officer 
 
 (0 Conveyance 
 
 (/) Certificate of Indemnity to Protect against 
 
 Cost of Election Petition 
 
 (g) Prohibition against Unseated Member taking 
 Part in Subsequent Election 
 
 (/i) Special Commission not Barred by Petition ... 
 
 (?) Appointment of Election Commissioners in 
 EVERY Case of Successful Petition 
 
 (/) Report of Special Commissioner, if adverse, 
 to be followed by Royal Commission 
 
 (k) Suspension of Writ 
 
 (/) Prosecution of Guilty Persons 
 
 (;«) Issue of New Writ 
 
 («) Instructions to the Election Commissioners.... 
 
 ((?) Action of Attorney-General in Cases in 
 
 which Petition Unsuccessful 
 
 (p) Joint Candidatures 
 
 III. Schedules ... 
 
 {a) Employment for Payment 
 
 {d) Legal Expenses .. 
 
 IV. Returning Officer's Expenses 
 
 V. Canvassing 
 
 page 
 5 
 
 5 
 
 5 
 6 
 6 
 6 
 6 
 6 
 6 
 6 
 
 8 
 8 
 8 
 8 
 9 
 
 9 
 
 lO 
 
 lO-II 
 ID 
 II 
 
 II 
 
 II 
 
 ^ 
 
 UIUC
 
 Propositi Jlttten'bmentB 
 
 TO THE 
 
 CORRUPT PRACTICES BILL. 
 
 I. Sections Proposed to be Omitted : — 
 
 S. 6. {d) — S. 9, all — S. 14, as far as it refers to maximum 
 scale — S. 17,(1) 1. 16, omit "candidate or his." — S. 25, omit 
 (i) — S. 28, (i) 1. 35, omit ''from whom any committee-room. 
 . . . candidate." — S. 32, all. 
 
 First Schedule (3) 1. 9, omit *' not being electors." — 
 Second Schedule (7) 1. 27, omit all words after " . . miscella- 
 neous matter " to " by this Act." — Maximum Scale, omit all. 
 
 II. Sections Proposed to be Amended or Added : — 
 
 After S. I, a new Section : — (i) Any person who lays a Batting 
 wager on the success or the defeat of a candidate is guilty of an 
 illegal practice, and his vote shall be void. 
 
 (2) If in the opinion of the Election Judges any person has 
 systematically wagered with a view of influencing the election he 
 is guilty of a corrupt practice. 
 
 6". 2, /. 26 : — After " treating " add the words " or betting."
 
 6 Amendinents to Corrupt Practices Bill. 
 
 Employment 4/^<?r S. 6 (2), add as (3) : — No person may be employed 
 
 for payment, for the purposes of an election, before the day on 
 which the dissolution of Parliament is formally notified by the 
 Prime Minister for the time being, or someone acting on his. 
 behalf, to the Speaker of the House of Commons. 
 
 Illegal 
 Expenditure 
 
 S. 7, (i) hetzveen (c) and id) add : — To more than two firms 
 or shops for the purchase or supply of matter mentioned in 
 Schedule II. 3 and 4 {neui) — [namely, stationery, printing, printed 
 matter.] 
 
 To follow above : — For sending out polling-cards containing 
 the number on the register and information with regard to polling. 
 
 To follow above : — For sending under cover an enclosure, 
 stamped or otherwise, to be returned by the recipient. 
 
 After S. 7, a new Section : — It shall be the duty of the 
 Pollmg-cards j n ^ 
 
 Returning Officer to send to each elector, on some convenient day 
 before the poll, a Notice informing him of his number on the 
 register, his polling-place, date and hours of poll. 
 
 Conveyance 
 
 After S. 7, a neiu Section: — (i) Any person who conveys 
 an elector to the poll, or is conveyed, except in a conveyance in 
 which he has a bond fide beneficial interest, is guilty of an illegal 
 practice, and his vote shall be void. 
 
 (2) Any elector who, by reason of sickness or infirmity, 
 is, in .the opinion of an authorized medical practitioner, physically 
 incapable of walking to the poll, may, on production of a 
 doctor's certificate, call upon the Returning Officer — due notice 
 being given — to provide for him some conveyance to convey him 
 to and from the poll.
 
 Amendments to Corrupt Practices Bill. 7 
 
 (3) It shall be the duty of the Returning Officer, in such 
 cases, to provide a proper conveyance, and charge the same to 
 the " official expenses." He shall take reasonable care, in 
 arranging for the conveyances, to incur as little expense as 
 possible. 
 
 S. 'K'k add as (i) : — A certificate of indemnity given under Certificate of 
 ^^ ^^^ . . Indemnity to 
 
 Sec. 5 1 shall, however, be sufficient protection against any of the protect 
 
 penalties mentioned in this Section. PetUion°^ 
 
 After S. 34, a ne7v Section : — If any person who has been Prohibition 
 unseated for corrupt or illegal practices through his agent, and Unseated 
 who has not been scheduled, takes any part in the subsequent taking part in 
 election he commits a corrupt practice. Election 
 
 S. 36, after (i) neiv Sub-sectiofi. — This Section is in no wa) special Com- 
 , , , , ^,. • 1 r , . • . -, • Ti'ission not 
 
 barred by the nlmg or trial of an election petition, and is barred t«y 
 
 i etition 
 mdependent of whether or no there has been such filing or trial. 
 
 Ajter S. 2>'^, a 7iew Clause: — (i) {a) In every case of a Appointment 
 ^, . . ^ . , . , . , , . T -1 1 1 01 Election 
 
 Petition Trial in which the judge or judges unseat the respondent rcmmiPsion- 
 .,, , . .,,,.,. , , ers in every 
 
 for illegal or corrupt practices committed by himself or througii raco r: 
 
 his agents, it shall be the duty of the Attorney-General, at the retiticn 
 
 earliest convenient day, to lay upon the table of the House of 
 
 Commons the names of three barristers [status, etc., in accordance 
 
 with the Act of June 30th, 1852] as Royal Commissioners to be 
 
 appointed to inquire into the corrupt and illegal practices which 
 
 prevailed at the late election, or any previous election. [See Act 
 
 of 1852.1
 
 8 Amendments to Corrupt Practices Bill. 
 
 ip) If the names be not challenged within one month, the 
 Attorney-General shall appoint these persons as Election 
 Commissioners. If the names be challenged, the Attorney- 
 General shall, v/ithin a period of one month, move that 
 these, or such other persons as he names, shall be appointed as 
 Election Commissioners ; and the House shall thereupon appoint 
 these persons, or some other three persons possessing the required 
 qualifications, as Royal Commissioners. 
 
 leport of (2) If a Special Commissioner (mentioned in Sec. 36) 
 
 ;ommissioner reports that, to the best of his knowledge, corrupt and illegal 
 be followed practices "extensively prevailed," it shall be the duty of the 
 Jommission Attorney-General (acting in accordance with the instructions 
 
 contained in the Act of 1852) to move for the appointment of a 
 
 Royal Commission to inquire into the matter. 
 
 luspension of (3) (<^) '- — The writ shall in every case be suspended until 
 
 after the Election Commission, appointed under the above 
 Sections, shall have reported. 
 
 'rosecutionof ^^^ ^^^ ^^ ^^^ opinion of the Attorney-General, there is 
 
 ''ersons evidence sufficient (contained in the report of the Royal Com- 
 
 mission or elsewhere) to justify and support a prosecution against 
 any persons reported as guilty of corrupt or illegal practices by 
 the Election Court, the Election Commissioners, or the Special 
 Commission, the writ shall be still further suspended, until after 
 the prosecutions have taken place. 
 
 (yc) In such cases as he intends to piosecute, it shall be 
 the duty of the Attorney-General to institute proceedings at the 
 earliest convenient date. 
 
 jsue of New ^4) It shall be the duty of the Attorney-General, at the 
 
 ^^^* earliest convenient opportunity after the Election Commissioners 
 
 have reported, or, where prosecutions are instituted, after they 
 
 have been decided, to move for the issue of a new writ, [the 
 
 persons scheduled by the Election Commission being, under
 
 Amendinents to Cornipt Practices Bill. 9 
 
 Sees. 25 and 27, incapacitated from taking part in the subsequent 
 ebction]. 
 
 (5^) Sec. VI, of Act 6/1852 (15 a)id 16 Vic, cap. 57) shall be instructions 
 
 . , . to the Election 
 
 repealed so far as it relates to the instructions given to the Commis- Commission- 
 
 . , ©rs 
 
 sioners; and the instructions given to the Election Commissioners 
 
 shall run as follows (the proposed additions being //^//V/j"<?^) : — 
 "Such Commissioners shall, by all such lawful means as to 
 them appear best, with a view to the discovery of the truth and 
 to the subsequent punislmiejit of the guilty, inquire into the manner 
 in which the election has been con- 
 ducted ; and whether any corrupt or illegal practices have been 
 
 committed at such election and if in the course 
 
 of their inquiries it appears to them that any of the candidates, 
 agents, or chief workers at the election ivcre guilty of corrupt or 
 illegal p7'actices, they shall take especial care not to call and 
 indemnify all or any of these persons. And, generally, they are to call 
 and inde7nnify as feiv of the bribers as possible consistently with a sub- 
 stantial revelation of the cof'rupt or illegal practices which prevailed 
 . . . . they shall report to Her Majesty the evidence taken 
 by them, and what they find concerning the premises, and 
 especially such Commissioners shall report with respect to each 
 election the names of the persons [not 'of all persons'] whom they 
 find to have been guilty of corrupt or illegal practices .... 
 and all other things whereby, in the opinion of the Commissioners, 
 the truth may be known, and the guilty punished.'" 
 
 After S. 52, add as (6) :— Where the Election Commission Action of 
 reports as above (Sec. 52), but does not unseat the respondent to GeneraUn 
 the petition, it shall be the duty of the Attorney-General to take Pelitiol^^" 
 immediate action against those reported by the Election Court as ^""^^^^"'^''^ 
 having been guilty, and not indemnified; but where the member is 
 unseated (and consequently the appointment of a Royal Com- 
 mission will necessarily follow) he is to take no action until after 
 the Commission also has reported to him.
 
 10 Amendments to Corrupt Practices Bill. 
 
 Joint In S. 56. — The expression "joint candidature" means 
 
 two candidates signing the same address, addressing the same 
 meetings, canvassing together, having the same agent, all or any 
 of these actions, or who, in the opinion of the Election Judges, 
 are standing together. 
 
 FIRST SCHEDULE. 
 
 To run as follows : — 
 
 Persons Legally Employed for Payment. 
 
 Employment I- For a single candidate, (i) One election agent, and no 
 or Payment ^^^^^ ^^,j^q ^^r^^, ^j. j^-,^^y j^qj- \^^ ^ca elector, but may not vote. 
 
 2. One polling agent in each polling station, and no more, 
 who may or may not be an elector, but may not vote. 
 
 3. A number of clerks and messengers, who may or may 
 not be electors, but may not vote, for conducting the business of 
 the election, and not exceeding one clerk and one messenger for 
 every 500 electors, from the day of the declaration of dissolution 
 until two days before day of poll inclusive ; on day before and 
 day of poll the numbers may be increased to one clerk and one 
 messenger for every 350 electors. 
 
 IL For joint candidatures, (i) and (2) the same. 
 
 (3) The proportionate numbers to be 400 and 300.
 
 A inendments to Corrupt Practices Bill. 1 1 
 
 SECOND SCHEDULE. 
 
 To run as follows : — 
 
 
 
 
 LEGAL 
 
 EXPENSES. 
 
 
 
 
 
 (0 
 
 The 
 
 sums 
 
 paid 
 
 to 
 
 the 
 
 Returning 
 
 Officer 
 
 for 
 
 his 
 
 Legal 
 Expenses 
 
 expenses. 
 
 
 
 
 
 
 
 
 
 
 
 (2) The personal expenses of the candidate. 
 
 (3) The expenses of printing and purchasing printed 
 matter. 
 
 (4) The expenses of stationery. 
 
 (5) The expenses of advertising. 
 
 (6) The expenses of postage and telegrams. 
 
 (7) The expenses of holding public meetings. 
 
 (8) The expenses of a number of Committee Rooms, not 
 
 exceeding (for single and for joint candidatures alike) one Com- 
 mittee-Room for each polling district in a county, and for every 
 750 electors in boroughs. 
 
 (9) Expenses in respect of miscellaneous matters. 
 
 The question of the incidence of the Returning Officer's Returning 
 expenses does not come within the scope of the Bill itself, but Expenses 
 must be dealt with in a separate measure. 
 
 All reference to the prohibition of canvassing has also canvs^ssing 
 been here omitted.
 
 ;^v*= 
 
 K4r~ li 
 
 ^5" 
 
 4. ^ 
 
 .-^Bt 
 
 ^ 
 
 >#?V ;^f 
 
 T^ 
 
 
 :^ 
 
 "%>'* 
 
 -fM 
 
 \tm^\ 
 
 ^vO^' 
 
 m 
 
 r-^i. 
 
 B ■^1'*' ' >•. 
 
 ■«(.4 
 
 '.■tf:*^^t 
 
 !:■ 
 
 %i; 
 
 w;* 
 
 i|i^^ 
 
 >*i'^'^^" 
 
 i^? 
 
 ^^^■^ 
 
 1 ■' 
 
 I 
 
 "i^'i 
 
 »»* 
 
 
 i!^.; --aa 
 
 ,' -i >