Law Lib CompLaw T Schl48c 1906 UNIVERSITY OF CALIFORNIA LOS ANGELES LAW LIBRARY M-ryE REFERENCE DEPARTMENT 'OMPARATIVE LEGISLATION '' No a" CORRUPT PRACTICES AT ELECTIONS Contributions and Expenditures MARGARET A. SCHAFFNER MADISON. WISCONSIN 1'EERI ARY, 1906 present agitation over campaign expenditures, and also campaign contributions, by insurance com- panies has made necessary this brief digest of legisla- tion upon this subject. CHARLES MCCARTHY, Librarian Legislative Reference Department. CONTRIBUTIONS AND EXPENDITURES MARGARET A. SCHAFFNER COMPARATIVE LEGISLATION BULLETIN No 3 FEBRUARY 1906 Compiled with the co-operation of the Political Science De- partment of the University of Wisconsin WISCONSIN VKKK LIBISARV COMMISSION LEGISLATIVE UEKKICEN'CE DEPAKTJIENT MADISON Wis. 1906 H* M CONTENTS Page REFERENCES 3-4 LIMITATIONS ON CONTRIBUTIONS AND EXPENDIT- URES 3-3 WHAT AKK CORBUPT PRACTICES 5-6 Definitions 5-6 CORRUPT CONTRIBUTIONS AND EXPENDITURES 6-7 Expenditures 6-7 Contributions 7 PURPOSE OF LIMITATIONS 7-8 Common law regulation 7-8 Statutory provisions 8 LAWS AND JUDICIAL DECISIONS 9-29 Foreign countries 9-10 United States 10-29 SUMMARY 30-35 Publicity 30-31 Restrictions on contributions 31 Limitations on expenditures 31-32 Procedure for judicial inquiry *. 33 Penalties . . 33-35 REFERENCES ASSOCIATION TO PREVENT CORRUPT PRACTICES AT ELECTIONS. Recent legislation on prevention and punishment of corrupt practices at elections. New York, 1905. Gives laws for California, Connecticut, Massachusetts, New York and Ontario. BELMONT, PERRY. Publicity of election expenditures. North, American Review, Feb. 1905, vol. 180, p. 166-85. A brief survey of recent legislation. DICKINSON, REGINALD. Summary of the constitution and procedure of foreign parliaments. 2nd ed. London, 1890. Chapter I gives leading points of corrupt practices acts. Fox, G. F. Argument before the judiciary committee (state legislature, Connecticut) on plan to prevent corrupt practices in elections. New Haven, 1905. Argument for enactment of Connecticut law of 1905. GREAT BRITAIN PARLIAMENTARY PAPERS. Reports on the practice prevailing in foreign countries in contests for election to representative legislative assemblies. 3 parts. London, 1881-82. One of the best sources for the foreign law on corrupt practices. GREAT BRITAIN PARLIAMENTARY PAPERS. Return for parlia- mentary election, 1900. (Commons No. 352) London, 1901. JAMES HENRY. British corrupt practices act. Forum, April, 1893, vol. 15, p. 129-41. A lucid account of the working of the British statute br its draftsman. CORRUPT PRACTICES AT ELECTIONS JELF, E. A. Corrupt and illegal practices prevention acts. 3rd ed. London, 1905. Gives the general policy and effect of the English acts in- cluding notes of judicial decisions, and a discussion of elec- tion petitions. JENKS, J. W. Money in practical politics. Century, Oct. 1892, vol. 44, p. 940-52. Gives specific information on assessment of candidates, voluntary contributions, and the purchase of votes. AsrTONiN. Les elections en Europe a la fin du 19e siecle. Paris, 1902. . Treats briefly the law against corrupt practices in the main countries of Europe. ROGERS. On elections. 17th ed. 3 vols. London, 1894. Includes analysis of English corrupt practices acts. Stat- utes given in appendix. CORRUPT PRACTICES AT ELECTIONS LIMITATIONS ON CONTRIBU- TIONS AND EXPENDITURES WHAT ARE CORRUPT PRACTICES Definitions England. Under the British statute 1 corrupt prac- tices at elections include: I. bribery; 2. treating; 3. undue influence; 4. personation, and aiding, abetting, counselling, and procuring the commission of the of- fense of personation ; 5. knowingly making a false declaration as to election expenses. The English law also demies and provides penalties for illegal practices and illegal payments. United States. The definitions for corrupt practices vary for the several states. A typical definition is found in the Connecticut law of 1905, c. 280, sec. IT, which designates the following acts as corrupt practices : bribery ; solicitation of can- didates for campaign contributions, except by political committees ; contributing campaign funds to others than to authorized treasurers or political agents ; offer- ing to procure office or appointment for another in order to influence his vote ; making or receiving cam- paign contributions under assumed name. 1 Corrupt and illegal practices prevention acts, 1883 (46 and 47 Viet. c. 51) and 1805 (58 and 59 Viet. c. 40). (j CORRUPT PRACTICES A~T ELECTIONS The California law of 1893, c. 16, and the Minnesota law of 1895, c. 277, also give extended definitions of corrupt practices. CORRUPT CONTRIBUTIONS AND EXPENDITURES Within recent years the legislatures of nearly a score of our states have placed limitations upon the irre- sponsible disposition of money in elections, and have sought to separate corrupt contributions and expendi- tures from those that are lawful. Expenditures In some of the states lawful expenditures are enu- merated in the statutes and all others are expressly for- bidden. Minnesota. Thus the Minnesota law of 1895, c. 277, limits legal expenditures to the following: I. for the personal traveling expenses of the candidate, 2. for the rent of hall or rooms for the delivery of speeches relative to principles or candidates in any pending election, and for the renting of chairs and other furniture properly necessary to fit such halls, or rooms for use for such purposes ; 3. for the payment of public speakers and musicians at public meetings and their necessary traveling expenses ; 4. printing and distribution of lists of candidates or sample tickets, speeches or addresses by pamphlets, newspapers or circulars, relative to candidates, political issues or prin- ciples, cards, handbills, posters or announcements ; 5. for challengers at the polls at elections; 6. for copying and classifying of poll lists ; 7. for making canvasses of voters : 8. for postage, telegraph, telephone or other public messenger service ; 9. for clerk hire at the head- CORRUPT PRACTICES AT ELECTIONS 1 quarters or office of such committee ; 10. for convey- ing infirm or disabled voters to and from the polls. Connecticut. The Connecticut law of 1905, c. 280, sec. 5, enumerates the expenses which may be lawfully incurred by treasurers of committees and by political agents as follows: (a) for hiring public halls and music for conventions, public meetings, and public pri- maries, and for advertising the same; (b) for printing and circulating political newspapers, pamphlets, and books; (c) for printing, and distributing ballots and pasters; (d) for renting rooms to be used by political committees: (e) for compensating clerks and other persons employed in committee rooms and at the polls ; (f) for traveling expenses of political agents, commit- tees, and public speakers; (g) for necessary postage, telegrams, telephones, printing, express, and convey- ance charges. Expenses not specially authorized are not to be incurred. Contributions Provisions against contributions from certain speci- fied sources present a further attempt to limit and reg- ulate campaign funds. The prohibition of corporate contributions for political purposes is found in a num- ber of states. Among other restrictions in force are those against the political assessment of public officers and employees, and the solicitation of candidates. PURPOSE OF LIMITATIONS Common law regulation In a decision given in 1762 Lord Mansfield points out that "Bribery at elections for members of parlia- ment must undoubtedly have always been a crime at common law and consequently punishable by indict- 8 CORRUPT PRACTICES AT ELECTIONS ment or information." Rex. v. Pitt and Rex v. Mead, 3 Burr. 1335. Statutory provisions But while the common law was able to check direct and open bribery, statutory limitations have become necessary in order to make the law effective against the more subtle and insiduous methods of corruption. CORRUPT PRACTICES AT ELECTIONS LAWS AND JUDICIAL DECISIONS Foreign countries England. Corrupt and illegal practices prevention acts, 1883 (46 and 47 Viet. c. 51) and 1895 (58 and 59 Viet. c. 40) The English law provides penalties for false personation at the polls, repeating, intimida- tion, undue influence, and bribery of voters. It re- stricts the employment of paid agents, clerks, messen- gers, etc. by candidates or election committees within narrow limits. It prescribes a fixed scale of lawful ex- penditures by candidates and committees and requires a full account of such expenditures. Canada. Rev. St. 1886, c. 8, 9, 10, and Dominion elections act, 1900 (63-64 Viet. c. 12) The main pro- visions of the British act are adapted to Canadian con- ditions. Austrioi-H'tmgary. The Austrian Penal Code pun- ishes corrupt practices at elections by imprisonment. The Hungarian Electoral Law of 1874 deals similarly with corrupt practices but is less effective. Belgium. The Code Electoral makes corrupt prac- tices punishable by fine or imprisonment or both, and deprives any person who has bribed or been bribed of his electoral rights for from five to ten years. 10 CORRUPT PRACTICES AT ELECTIONS France. The French Penal Code makes corrupt election practices offenses at law and punishes every at- tempt at bribery by imprisonment of from three months to two years or by a fine ranging from fifty to five hundred francs or by both penalties. Germany. The Criminal Code makes the purchase or the sale of an electoral vote punishable by imprison- ment with loss of civil rights. Italy. A permanent election commission of the Chamber of Deputies is provided for which in accord- ance with the rules of the Chambers and of the Penal Code makes inquiry into cases of suspected corrupt practices. Sweden^ The Fundamental Law, 1809, makes per- sons convicted of corrupt election practices ineligible to the Diet. The law further provides imprisonment at hard labor for offenders ; corruption is practically unknown. Norway. Corrupt practices at elections are made punishable by the Criminal Law, and candidates are disqualified upon conviction. United States Congress has power to control federal elections and to provide punishments for offences. 1 Act of Congress, Aug. 15, 1876, c. 287, sec. 6, for- bids" executive officers or employees of the United Compare: ex parte Siebold, 1879, 100 U. S. 371; ex parte Clarke, 1879, lOQ U. S. 399; ex parte Yarbrough, 1883, 110 U. S. 651; James v. Bowman, 1903, 190 U. S. 127. 1 Bills are now (Feb. 1900) pending. In Congress providing for publicity of campaign contributions and expenditures in federal elections: and also for prohibiting contributions by corporations chartered by the United States or engaged in interstate com- merce. CORRUPT PRACTICES AT ELECTIONS 11 States from requesting, giving to, or receiving from any other officer or employee of the government any money or other thing of value for political purposes. Act is constitutional. Ex parte Curtis, 1882, 106 U. S. 371. Alabama. Cr. Code, 1896, sees. 4191, 4694. Pen- alty for giving away liquor at elections, fine and im- prisonment ; for bribing voters, fine and imprisonment or hard labor. Laws, 1899, p. 126. Punishes bribery at primary elections and makes candidate guilty of bribing ineli- gible for office. Arizona. Laws, 1895. c. 20. Requires candidates and committees to file sworn, itemized statement of re- ceipts and expenditures. Failure to file made a mis- demeanor and on part of candidate also causes forfeit- ure of office. Punishes bribery by fine or imprisonment or both. Betting on elections made a misdemeanor. Arkansas. Laws, 1891, c. 30, sec. 39. Bribery at elections made a felony. Laws, 1897, c. 35. Prohibits giving away intoxi- cating liquors on primary election days. California. Laws, 1893, c - T ^- Requires candidates and committees to file sworn, itemized statements of receipts and expenditures, showing in detail all the money contributed or received with the name of each donor or subscriber or the source from which money was derived together with the names of persons to whom money was paid, the specific nature of each item, by whom the service was performed, and the purpose for which the money was expended. Refusal to file causes forfeiture of office. Onlv candidates or com- 12 CORRUPT PRACTICES AT ELECTIONS mittees are permitted to expend money. Legitimate expenses are defined and the amount that can be ex- pended is limited according to compensation attached to office. Bribery of electors is made punishable by imprisonment of not .ess than one nor more than seven years. Betting and treating are punishable as misde- meanors. Laws, 1895, c. 185, Requires independent candi- dates to conform to the same requirements as party nominees. Laws, 1905, c. 479. Giving or receiving or offering to give or receive anything of value in order to influ- ence any voter at any election made punishable by im- prisonment of not less than one nor more than seven years. Colorado. Gen. Laws, 1877. p. 381. Giving away liquor on election day punishable by fine or imprison- ment or both. Laws, 1891, c. 167. Requires candidates and com- mittees to file statement of expenses incurred in aid of election. Statements are to be made under oath and are to show in detail all sums of money received, from whom received, and to whom and for what purpose money was paid. Failure to file statement made a misdemeanor and on part of candidate also causes for- feiture of office. Bribery of voters is made a felony and betting a misdemeanor. Connecticut. Laws, 1877, c. 146, sec. 43. Betting on elections is punishable by fine. Taws, 1895. c - 69- Paying naturalization fees for others is prohibited. Laws, 1905, c. 280. Requires candidates, political agents, and treasurers of political committees to fil" CORRUPT PRACTICES AT ELECTIONS 13 sworn, itemized statements of receipts, expenditures, and outstanding obligations. No person other than a treasurer or political agent is permitted to pay any election expenses except that candidates may pay their own expenses for postage, telegrams, telephones, sta- tionery, printing, express, and traveling. Candidates who have not expended anything for their election are to certify to that fact. Failure to file statement by candidate is punishable by a fine of $25 for every day he is in default unless excused by the court. Expenditures which may be incurred by treasurers of committees or by political agents are enumerated and corrupt contributions and expenditures are defined. Inquiry into corrupt practices may be instituted by any elector upon giving bonds for prosecution. Trials- are to be conducted before two judges without a jury and a unanimous decision is necessary for conviction. Any candidate found guilty of corrupt practices is ren- dered ineligible for public office for four years but he is not held responsible for corrupt acts of his agents un- less done with his sanction or connivance. Penalty for violation of the act is a fine not exceeding $1,000 or imprisonment for not more than one year or both. Delaware. Const. 1897, art. 5, sec. 7. Bribery of electors punishable by fine or imprisonment or both and by disfranchisement for ten years. Betting on elections, a misdemeanor. Testimony may not be with- held on ground of self incrimi nation except by person accused, but such testimony is not to he used against person testifying except for perjury. Florida. Laws, 1898, c. 24. Prohibits the use of money by corporations to secure candidacy or election of any person or for any other political purpose. 14 CORRUPT PRACTICES AT ELECTIONS Laws, 1903. c. 85. Unlawful to give liquor on elec- tion day. Georgia. Pen. Code, 1895, scc - 629. Any person in any way concerned in buying or selling a vote at any election, guilty of a misdemeanor. Laws, 1904, p. 97. Extends penalty to offenses at primary elections. Idaho. Pen. Code, 1901, sees. 4576. 4578, 4581. Bribing electors or betting on elections, misdemeanors. Giving away liquor on election day, prohibited. Illinois. Rev. St. 1899, c. 46, sees. 83, 85. Any person soliciting or receiving money, liquor, or any other thing of value either to influence his vote or to procure the vote of another is guilty of bribery and upon conviction is to be sentenced to disfranchisement for not less than five nor more than fifteen years and to jail not less than three months nor more than one year, and to pay costs of prosecution and stand committed until paid. For second offense, to be forever disfran- chised in the state, imprisoned in jail not less than a year and to stand committed until costs of prosecution are paid. Any person thus disfranchised, offering to vote shall on conviction be confined in penitentiary for not less than one nor more than ten years. Any person bribing or promising to bribe is not liable to punish- ment but shall be compelled to testify in prosecutions. Betting on e'ection punishable by fine or imprisonment or both. Act is constitutional. Christy v. People, 1903, 206 111. 337. Indiana. Rev. St. 1901, sec. 2194. Giving away liquor on election days punishable by fine and impris- onment. CORRUPT PRACTICES AT ELECTIONS 15 Sec. 63397. Candidates for county, township, city, or municipal office, voted for at any convention or pri- mary are required to file itemized statements of ex- penses with the county or city clerk. Failure to file is punishable by fine, from $50 to $500, by disfranchise- ment, and ineligibility to public office for a definite pe- riod. Laws, 1905. c. 158. Bribery at elections is punish- able by fine not to exceed $50 and by enfranchisement and disqualification for holding office for ten years. Laws, 1905, c. 169. Penalty for betting upon elec- tions, fine, or fine and imprisonment. Iowa. Laws, 1895, c - 59- Bribery at elections pun- ishable by fine or imprisonment or both. Kansas.* Laws, 1893, c. 77. Prohibits the use of money or other valuable thing to influence voters or to reward services at polls, also prohibits treating. Kentucky. St. 1899, sees. 1575, 1586-87. Bribery at elections excludes offender from office and suffrage. Also adds fine as punishment for receiving and fine or imprisonment or both for giving bribe. Furnishing liquor on election day, a misdemeanor. Laws, 1900, c. 12. Unlawful for corporations to contribute to campaign funds. Louisiana. Laws, 1890, c. 78. Bribery at elections punishable by fine and imprisonment at hard labor. Maine. Rev. St. 1903, c. 6, sees. 95, 97. Bribery and corruption at elections made punishable bv fine and imprisonment and ineligibility to any office for ten 'Laws. 3903, c. 230. Repeals Gen. St. 1901, sees. 2734 42, requiring itemized statement of expenditures in political cam- paigns. 1G CORRUPT PRACTICES AT ELECTIONS years. Betting on elections punishable by forfeiture of wager to the town. Maryland. Code, 1904, art. 33, sees. 88, 112. At- tempting to influence any voter by bribery or reward or offer or promise thereof, punishable by imprisonment. Betting upon elections punishable by fine. Massachusetts. Rev. Laws, 1902, c. n, as amended by Laws, 1903, c. 318, and 1904, c. 375, 380. Candi- dates and committees are required to file sworn state- ments of expenses. Payments by candidates are limit- ed to contributions to political committees and for per- sonal expenses which may include payments for travel- ing, writing, printing, the transmission of letters, cir- culars, and messages, and for similar purposes. The statements filed by committees and by others handling funds are to set forth in detail all receipts, expendi- tures, disbursements and outstanding obligations: if the accounts of any committee do not exceed $20 that fact shall be certified. Committees and others hand- ling funds are prohibited from paying naturalization fees. Complaint of. violation of the law may be made either by the proper official or by five registered voters. Proceedings for enforcement are to be brought by the attorney general or by the proper district attorney. Penalty for violation of law, a fine of not more than $1,000, or imprisonment not exceeding a year. Pen- alty for bribing voters, imprisonment limited to one year. Michigan. 1 Comp. Laws, 1897, sees. 11437-69. Bribery at elections is punishable by fine or imprison- 1 Laws. 1001. c. 61. Repeals sec. 3654 of Comp. Laws, 1897 (Laws, 1801. o. 10O) .requiring candidates and election commit- tees to report expenditures under oath. CORRUPT PRACTICES AT ELECTIONS 17 merit or both. Giving away liquor or betting on elec- tions made misdemeanors. Legitimate expenses in- clude the cost of printing and advertising, holding pub- lic meetings and procuring speakers, obtaining and dis- tributing papers and tickets, and bringing voters to the polls. Minnesota. St. 1894, sec. "120. Prohibits giving away liquor on election day. Laws, 1895, c. 139. Sections of the general election law making bribery a misdemeanor are applied to vil- lage elections. Laws, 1895, c - 2 77- Bribing or furnishing funds for bribery at elections is made a felony ; punishable by fine of $500 with costs and by imprisonment of not more than five years. Seeking or receiving a bribe is made a misdemeanor. Treating and entertaining are for- bidden. Legal expenditures include payments for pub- lic speakers and musicians, the personal traveling ex- penses of candidates, the rent of halls, the cost of printing, postage, telegraph, and other messenger serv- ice, the hire of clerks, challengers and canvassers, and the use of carriages to convey infirm or disabled voters to and from the polls. Contributions of candidates are limited according to the number of voters, and candi- dates and committees are required to file sworn state- ments of expenses. Failure to file on part of committees is made a misdemeanor, while the filing of the statement by candidates is a pre-requisite for hold- ing office or receiving salary and failure to file is pun- ishable by a fine limited to $1,000. Actions for violation of the law may be brought at any time during the term of office. The act does not apply to village, township, or school district elections. 18 CORRUPT PRACTICES AT ELECTIONS Mississippi. Ann. Code, 1892, sees. 1597, 3275. Penalty for treating or bribing voters, fine and im- prisonment. Missouri. Laws, 1893, P- J 57- Requires a state- ment of receipts and expenditures to be filed bv committees and candidates. Failure causes forfeiture of office. Defines legitimate expenses, limits the amount that can be expended according to the number of voters, prohibits treating by candidates and provides punishment for bribery and betting. Laws, 1897, p. 1 08. Prohibits use of corporation funds for political or campaign purposes, and places penalties on employers for bribing employees. Montana. Pen. Code, 1895, sees. 74-111. It is made a misdemeanor to furnish money at elections for any purpose except for holding public meetings, for printing and circulating ballots, handbills, and other papers. Solicitation of and payments by candidates, forbidden. Expenses of candidates are limited and candidates and committees are required to file sworn, itemized statements of expenditures. Penalty for vio- lation, fine and imprisonment. Betting on elections or giving away refreshments with purpose of influ- encing an elector are made misdemeanors. Bribery is punishable by fine and imprisonment. If it is proven before any court for the trial of election contests or petitions that any corrupt practice has been committed by or with the actual knowledge and consent of any candidate elected, his election is void. Laws, 1905, c. 99. Extends penalties of the general election law to offenses at primaries. Nebraska. Comp. St. 1903, sees. 2103-06. Pro- CORRUPT PRACTICES AT ELECTIONS 19 hibits use of corporation funds for political or cam- paign purposes. sees. 342(6-48. Requires candidates and political committees to file sworn, itemized statements of ex- penditures. Candidates' expenses are limited accord- ing to the number of voters. Contributions to defray expenses of naturalization are prohibited. Treating, entertainment, and other expenditures not expressly permitted by law are made misdemeanors. sees. 4234, 7891. Betting on ejections punishable by fine. Liquor not to be given away on election days. Laws, 1905, c. 66. Bribery, a misdemeanor pun- ishable by fine, from $100 to $500, or by imprisonment not exceeding a year, or both, in the discretion of the court. Comp. Laws, 1900, sees. r6o6, 1672- 75. Betting on elections or giving away liquor on election days made misdemeanors. It is made a fel- ony to offer a bribe, or to furnish or procure entertain- ment. or to convey persons to polls, or to furnish any money or property to promote elections except for the expense of holding public meetings or printing and circulating ballots, handbills, and other papers. New Hampshire. Pub. St. 1901, c. 39, sees. 1013, 20. L T sing liquor to influence voters punishable by fine. Offering reward or contributing money or any other valuable thing to influence persons in voting punishable by fine or imprisonment. Fine, divided between prosecutor and the county. Inquest in case of alleged bribery to be made by any justice of the peace or police judge upon written complaint of five voters. 'Laws, 1899. c. 108. Repeals law. 1895, c. 103. requiring can- didates and election committees to file statements of expenses. 20 CORRUPT PRACTICES AT ELECTIONS New Jersey. Gen. St. 1895, p. 1317, 1370. Bet- ting on elections prohibited. Bribing voters punish- able by fine or imprisonment or both. Laws, 1896, c. 173. Made unlawful to solicit money from or to sell tickets, etc. to candidates. New Mexico. Comp. Laws, 1897, sec. 1636, 1662. Penalty for bribery of voters, fine and imprisonment and exclusion forever from franchise or office. New York. Laws, 1890, c. 94, and 1892, c. 693. Every candidate is required to file sworn, itemized statements of expenses showing in detail all sums of money contributed or expended by him directly or in- directly or by others in his behalf. Penalty for viola- tion imprisonment not exceeding a year and forfeiture of office. Assessment of officers for political purposes made a misdemeanor. Laws, 1895, c. 155. Any person excepting author- ized representative of political party soliciting money from a candidate or seeking to induce him to purchase tickets, etc. is guilty of a misdemeanor. Laws, 1895, c - 885- Made a misdemeanor to fur- nish money or entertainment to induce attendance at polls but expenses for conveying electors to polls, for furnishing music, or for rent of halls, or for printing and circulating handbills, books, and other papers are lawful. Laws, 1896, c. 112, amended by Laws, 1904, c. 205. Unlawful to give away liquor within specified dis- tances of voting places while polls are open. Laws, 1900, c. 70. Is made a misdemeanor to so- licit money or other property from candidates for newspaper r-upport. Laws, 1899, c. 302, as amended by Laws, 1900, c. 737. Upon the advice of the governor the attorney CORRUPT PRACTICES AT ELECTIONS 21 general is to assign deputies to act as counsel for the state superintendent of elections and to take charge of prosecutions for crimes against the elective franchise. Extraordinary terms of court may be called if neces- sary. Laws, 1905, c. 625. Bribery at elections is made a feiOny punishable by imprisonment not exceeding five years ; giving a bribe also disqualifies for holding office and receiving a bribe disfranchises for five years. North Carolina.^ Laws, 1895, c. 159. Bribery, bet- ting, treating, or giving away liquor on election days made misdemeanors. North Dakota. Rev. Codes, 1899, sees. 6855-60. 6890. Bribery at elections made punishable by fine or imprisonment or both, also by disfranchisement. It is made a misdemeanor to bet upon elections or to contribute money to promote the election of any can- didate except for expenses of holding public meetings and for the printing and circulating of handbills, and other papers. OMo.- Anno, and Rev. St. 1900, sees. 2966-48- 49-51, 6339, 6448, 6948, 7039-42. Bribery at elec- tions punishable by fine or imprisonment or both ; giving a bribe also forfeits office on part of offender and receiving a bribe excludes from suffrage for five years. Betting on elections or giving away liquor punishable by fine or imprisonment. Any candidate at a primary election paying or promising a bribe to any elector becomes ineligib'e for office and disquali- 'Laws. 1807. c. 18.~>. Repeals provision of 1895 requiring can- didates to file statement of election expenses. 2 Laws. 1902. p. 77. Repeals Rev. St. 1900. sec. 3022. subd. 1-24 (Law. 1896. p. 123) requiring candidates and committees to file statements of election expenses. 22 CORRUPT PRACTICES AT ELECTIOX* fied for voting or being nominated at such election or convention. Laws, 1904, p. 107. Provides penalties for bribery at primary elections. Oklahoma. Key. and Anno. St. 1903, sees. 1977-82, 2010. Bribery at elections made punishable by fine or imprisonment or both, also disfranchises offender. Betting upon elections or furnishing money for elec- tions either on the part of candidates or of others to promote the election of any person made a misde- meanor. Use of money permitted for expenses of holding public meetings and for printing and circulat- ing ballots, handbills, and other papers. Oregon. Const. 1859, art. 2, sec. 7. The giving or offering of a bribe by a candidate causes forfeiture of office. Codes and St. 1901, sees. 1900-01. Penalty for bribery at elections, imprisonment ; for giving away liquor, fine or imprisonment or both. Pennsylvania. Const. 1874, art. 7, sec. i. Officials before entering upon duty are required to swear that they have not contributed or promised to contribute either directly or indirectly any valuable thing to pro- cure their nomination or election or appointment ex- cept for expenses expressly authorized by law. art. 8, sec. 8, 9. Bribery causes forfeiture of right to vote and forever disqualifies for holding office. Laws, 1817, p. 204. Betting on elections, a misde- meanor. Laws. 1874, p. 64. Contributions by candidates ex- cept for specified purposes are prohibited. This act excepts out every direct and indirect purchase of the vote or influence of an elector, and every act for any CORRUPT PRACTICES AT ELECTIONS 23 corrupt purpose whatever, incident to an election. Com- monwealth v. Walter, 1877, 86 Pa. 15. The statute, however, does not prohibit the employment of friends to canvas the district on behalf of a candidate, and to secure the return of delegates or the casting of votes for him; such services are a good consideration for a promise to pay for them. Williams v. Commonwealth, 1879, 91 Pa. 493. Laws, 1 88 1, p. 70. Penalty for bribery at nominat- ing conventions or primary elections, fine and impris- onment. Laws, 1883, p. 96. Assessment of public officers by campaign committees punishable by a fine not to ex- ceed $100. Laws, 1887, p. 113. Furnishing liquor on election day, a misdemeanor. Laws, 1889, p. 1 6. Bribery at elections made a misdemeanor; punishable by fine not over $1,000 and imprisonment limited to one year. Laws, 1897, p. 275. Assessment of public officers for political purposes by heads of departments pun- ishable by fine limited to $1,000 or by imprisonment not exceeding a year, or by both in the discretion of the court. Laws, 1897, p. 276. Payment of poll tax for other persons except on written order, a misdemeanor. Laws, 1906, No. 6. Prohibits municipal officers or employees in cities of the first class from soliciting or contributing funds for political purposes. Penalty, a fine limited to $500 and forfeiture of office. Laws, 1906, No. - 1 Requires candidates and treasurers of political committees to file sworn state- ments of nomination and election expenses if the amount exceeds $50. All expenditures of political committees must pass through the hands of the treas- 1 Approved by the Governor, Mar. 5. Not yet published. 24 CORRUPT PRACTICES AT ELECTION x urer. Legal expenditures are limited to the following purposes: i. for printing and traveling and incidental personal expenses, stationery, advertising, postage, express, freight, telegraph, telephone and public mes- senger services; 2. for dissemination of public in- formation ; 3. for political meetings, demonstrations and conventions and for the pay of speakers; 4. for renting and furnishing offices ; 5. for the payment of clerks, janitors, messengers, etc. actually employed; 6. for election watchers ; 7. for taking voters to and from the polls ; 8. for bona fide legal expenses. Contributions for political purposes by corporations are forbidden. Filing of statement is a pre-requisitc for entering upon office and any five electors may in- stitute an inquiry into the accounts filed by candidates or committees. Any violation of the act is punishable by fine ranging from $50 to $1,000 or by imprison- ment from one month to two years or both at the dis- cretion of the court. Rhode Island. Gen. Laws, 1896, c. 14. Penalty for bribing voters, fine or imprisonment or both. South Carolina. Cr. Code, 1902, sees. 271-4. Bet- ting on elections, a misdemeanor. Bribery punish- able by fine and imprisonment. Laws, 1904, no. 231. Treating within a mile of a voting precinct on election days made punishable by fine or imprisonment with labor. South Dakota. Pen. Code, 1901, sees. 7510, 7545- 54. Furnishing money for elections except for ex- pense of holding public meetings and of printing and circulating ballots, handbills, and other papers, a mis- demeanor. Bribery at elections made an infamous crime punishable by imprisonment, forfeiture of office. CORRUPT PRACTICES AT ELECTIONS 25 and disfranchisement for five years. Giving away liquor or betting upon elections, misdemeanors. Tennessee. Laws, 1897, c. 14. Prohibits bribes either before or after election. Laws, 1897, c. 1 8. Use of corporation funds for political or campaign purposes, unlawful. Tc.ras. Const. 1876, art. 16, sec. i. Requires every legislator and state officer before entering upon his duty to swear or affirm that he has not d'rectly or in- directly paid or promised to pay anything as a reward for the giving or withholding a vote at the election at which he was elected. Sec. 5. Bribery to secure election disqualifies. Laws, 1905, c. ii. Managers of headquarters, clerks and agents and others handling funds or using influence for any political party or for any can- didate are required to file sworn, itemized statements of receipts and expenditures, showing in detail the source of the funds or support received and the pur- poses for which they were employed and whether there is reason to suspect that any person furnishing funds or influence was acting for or in the interest of any corporation. Candidates are also required to file sworn, itemized statements of expenses including amounts paid to newspapers, hotels, and for traveling. Failure to file, a misdemeanor pun : shable by a fine of not less than $200 nor more than $500 and in the dis- cretion of the court, by a sentence to work on the roads not less than thirty days nor more than one year. Bribery, whether under the guise of a wager or otherwise, is made a felony ; also d : squal ; fies for office. Giving away liquor on election days, a misdemeanor. Paying the poll tax of another except as permitted by 26 CORRUPT PRACTICES AT ELECTIONS law is a felony punishable by imprisonment for not less than two nor more than five years. Advancing money to another for paying poll tax, or giving or receiving a consideration for a poll tax receipt made misde- meanors. Issuing a poll tax receipt to a fictitious per- son is punishable by imprisonment of from three to five years. Assessment of public officers or employees for political purposes made a misdemeanor. Political advertising is to be labeled as such and to be paid for at regular rates; the penalty for violation is a fine of not less than $500 nor more than $1,000 and imprisonment in jail or work on the roads not ex- ceeding thirty days. Contributions by corporations for political purposes are prohibited ; if made with the connivance of its president, financial agent, or treasurer, corporation is to forfeit its charter. Utah. 1 Laws, 1890, c. 35. Giving away liquor on election days, a misdemeanor. Laws. 1896, c. 56. Bribery at elections punishable by fine or imprisonment or both. Betting on elections, a misdemeanor. Vermont. St. 1894, sees. 5113-14. Provides pen- alties for bribery and for giving away liquor at elec- tions. Laws, 1903, c. 6. Prohibits payment or promise of money to secure nomination except for personal, trav- eling, printing, and incidental expenses. Virginia. Code, 1904, sees. I44b, 1453, 3824, '3847, 3853. Expenditures by candidates or by others in their behalf are prohibited except for printing or ad- "The provision of 180fi. requiring candidates and election com- mittees to report expenses, was repealed in ISiiT. CORRUPT PRACTICES AT ELECTIONS 27 vertising in newspapers or for securing hails for pub- lic speaking; penalty, fine or imprisonment. Every candidate is required to file a sworn statement setting forth in detail all sums of money contributed, dis- bursed, expanded, or promised by him and by others in his behalf to secure his nomination or election and also all sums contributed, expended, or promised by him in connection with the nomination or election of other persons at such election. The statement is to show the date and the persons to whom and the pur- poses for which all such sums were paid or promised ; penalty for failure to comply, a fine not exceeding $5,000. Conviction of violation of law makes election null and vo : d unless contestant is entitled to office. Penalties are provided for bribing election officers, for giving or receiving bribes, for giving away liquor, and for betting on elections. Washington. Cod,, 1901, sees. 1748-49. Bribery of voters or giving away liquor on election day pun- ishable by fine or imprisonment or both. West Virginia. Const. 1872, art. 4, sec. i. Brib- ery in an election disfranchises offender. Code, 1899, c. 5, sees. 8-n. Provides penalties for bribery, treating, and for betting on elections. Wisconsin. Rev. St. 1898, sees. 13. 4478-81, 4535. 4542b as amended by Laws, 1899, c. 341. The pen- alty for bribery at any election is imprisonment, at any caucus or preliminary meeting, fine or imprison- ment or both ; conviction of bribery excludes from right of suffrage unless restored to civil rights; office obtained by briber}- is to be deemed vacant. Betting on any election is punishable by fine and loss of vote. Sees. 4543b-f as amended by Laws, 1905, c. 502. 28 CORRUPT PRACTICES AT ELECTIONS Contributions of money to aid the nomination or elec- tion of any person to the legislature by non-resident of district are prohibited ; penalty for violation, impris- onment ; not to apply to payments for his own personal expenditures by any person participating in a cam- paign nor to contributions made to committees to be expended for general purposes. A sworn statement is to be filed by every candidate showing in detail each item in excess of $5.00 contributed, disbursed, ex- pended, or promised by him and to the best of his knowledge by others in his behalf in endeavoring to secure the nomination or election of himself or of any other person and also showing the- dates when and the persons to whom and the purposes for which such sums were paid, expended, or promised. Such state- ment shall also set forth that the same is as full and explicit as affiant is able to make it ; the county clerk is to publish names of candidates failing to comply and the district attorney is to examine all statements filed and to institute prosecutions for violations ; pen- alty for violation is fine of not less than $25 nor more than $500. Accounts of disbursements by political committees are to be kept by treasurer through whose hands all funds are to pass and who is required to keep and file a full and detailed statement of the sums re- ceived or disbursed, giving the date when and the per- son for whom received and to whom paid and the object and purpose for which the sum was received or disbursed, together with a complete account of the out- standing financial obligations of the committee; viola- tion by treasurer punishable by imprisonment. Laws, 1905, c. 492. Prohibits political contribu- tions by corporations. Penalty, fine of not less than $100 nor more than $5,000 or by imprisonment of CORRUPT PRACTICES AT ELECTIONS 29 from one to five years or both fine and imprisonment in the discretion of the court. Wyoming. Const. 1889, art. 6, sec. 8. Requires that every legislator and every judicial state or county officer before entering upon duty swear that he has not paid or contributed or promised to pay or contribute directly or indirectly any money or other valuable thing to procure his nomination or election except for necessary and proper expenses expressly authorized by law. Rev. St. 1899) sec. 379. Betting on elections dis- qualifies for voting or for holding office. 30 CORRUPT PRACTICES AT ELECTIONS SUMMARY The leading provisions of contemporary laws 1 may be briefly outlined under tho following headings : I. publicity; 2. restrictions on contributions; 3. lim- itations on expenditures; 4. procedure for judicial in- quiry ; 5. penalties. Publicity Statements of receipts and expenditures. The re- quirements made in the different states for filing sworn, itemized statements vary. Provisions exist for state- ments by candidates, political agents, committees, and others handling funds. Candidates. For statements required of candidates com- pare the laws of Ariz. Cal. Col. Conn. Mass. Minn. Mo. Mont. Neb. N. Y. Tex. Va. and Wis. Committees. Compare Ariz. Cal. Col. Conn. Mass. Minn. Mo. Mont. Neb. Tex. and Wis. for statements required of political committees. Political agents. The English statute of 1883, 46 and 47 Viet. c. 51, explicitly requires that every candidate and also his head agent file sworn statements giving the names of all persons employer! and the amounts paid to them. Others handling funds. The Texas law of 1905 has the inclusive provision that "all others handling funds" also file sworn, itemized statements. J For a comparison of the- laws of the different states see. Lines and Juilicial Decisions. CORRUPT PRACTICES AT ELECTIONS . 31 Publication of statements. Some of the laws merely require that the statements be filed for public inspec- tion ; others provide for advertisement in newspapers, while still others require publication in the form of a public document. Compare laws of Cal. Col. Conn. Mass. Neb. Va. Wis. England, and Ontario. Restrictions on contributions Among recent attempts to limit the source of funds are those prohibiting contributions by corporations. Limitations have also been placed upon the solicitation of candidates, and the assessment of publ'c officers and employees. Prohibiting contributions by non-residents of district to aid in the nomination or election of any person to the legislature is a further attempt to limit the sources of funds. Corporate contributions. Compare the laws of Mo. Neb. and Tenn. for 1897;- Fla. 1898; Ky. 1900; and Wis. 1905. Forfeiture of charter or of the right to do business within the state are among ihe penalties imposed for violation. Restrictions on non-residents. See Wis Rev. St. 1898, sec. 4543b, prohibiting non-resident contributions. Solicitation of canrtidates. Compare laws of Cal. Conn. 111. and N. J. making 1 solicitation of candidates unlawful. Contributions to authorized committees or agents permitted. Political assessments. See U. S. Act of Cong. Aug. 15, 1876, c. 287, sec. 6, forbidding assessments. Limitations on expenditures Expenditures are limited as regards the purpose of payments, the amount that may be spent, and the agency for the disbursements of funds. Purpose of payments. Among the payments pro- hibited are those for bribery, betting, treating, and en- tertainment. Bribery. Giving or receiving a corsidention for a vote was an offense at common law. Rex v. Pitt. 17fi2, 3 Burr. 1335. 32 CORRUPT PRACTICES AT ELECTIONS Betting. Compare laws of Ariz. Cal. Me. Mo. Neb. N. D. Okla. Pa. Tex. and Wis. making betting on elections illegal. Treating and entertainment. Compare laws of Ark. Fla. Miss. N. H. N. C. and S. C. prohibiting treating and en- tertainment. Expenditures either prohibited or closely limited in- clude : payments for naturalization fees, or poll taxes of others ; the hiring of conveyances and an undue number of workers ; and the payment of money for bands, torches, badges, and other insignia. Naturalization fees. Compare laws of Conn, and Neb. making payment of fees for another unlawful. Poll taxes. See Tex. Laws, 1905, c. 11 for strict prohi- bitiors against paying or pledging the poll tax of another. Hiring conveyances, bands, etc. The English law of 1883 makes hiring conveyances to bring electors to the polls an illegal practice, and paying for bands, torches, etc. illegal payments. Election workers. See the English law, 1883, which de- prives election workers of vote, and the Minn, law of 1895, c. 277, which limits their employment for designated du- ties. Amount spent. In several states the amount which may be spent is limited either according to the number of voters or to the amount of salary attached to office. Number of voters. Compare the law of Minn. 1895, and of Mo. 1893, for limitations based on number of voters. Salary. The Cal. law, 1893 limits the expenditures of candidates according to salary. Responsibility for expenditures. Requiring expen- ditures to be made exclusively through designated and duly authorized agents secures unity and responsibility in disbursements. The Conn, law of 1905 requires all election expenses to be paid by treasurers of committees, or by political agents, except specified expenditures permitted to candidates. CORRUPT PRACTICES AT ELECTIONS 33 Procedure for judicial inquiry Among the methods employed to secure judicial in- quiry into election offenses are the following: Initiative by citizens. This method enables any elector or group of electors to institute proceedings. Compare laws of Cal. 1893, and of Conn. 1905, for this method. Suit by candidate. Another method of procedure is to authorize the candidate having the next highest number of votes to bring suit in the name of the state in case the attorney general fails to act upon a petition charging violations of the law. For an application of this plan see the Mo. law of 1893. Official inquiry. The laws quite generally provide for official initiative to bring offenders to trial. Compare the various methods of Cal. Conn. Mass. Minn. N. Y. and Wis. in providing for inquiry into election of- fenses. Trial of petitions. Usually several judges preside in the election court and there is no jury. In some states there are only two judges and a unanimous de- cision is necessary for conviction. Compare laws of Ccnn. N. Y. and Minn, for different methods. Appeals. Provision is made for appeal from elec- tion courts to higher courts as in other cases. In Cal. whenever an election is annulled, appeal must oe taken within ten days. In Ontario appeals are given precedence over all ordinary cases. Penalties The penalties of the law vary according to the na- ture of the offense and the statutory provisions of the different jurisdictions. 34 CORRUPT PRACTICES AT ELECTIONS Fines c,tui imprisonment. The severity of the pen- alties varies greatly in the different states, ranging from trifling sums to thousands of dollars for fines and from brief periods of confinement in jail to long im- prisonment in the penitentiary. For a variety of penalties compare the laws of Cal. Conn. Mass. Minn. Mo. Neb. N. Y. Va. and Wis. D'sfrancliiseinent. Exclusion from the right of suf- frage for varying periods is made the penalty for dif- ferent corrupt practices. The Illinois law of 1899, c. 46, disfranchises the bribe taker from five to fifteen years, and for a second offense, forever. Was held constitutional, Christie v. People, 1903, 206 111. 337. Kentucky makes both the giving and the taking of a bribe at an election punishable by loss of suffrage. Disfranchisemcnt of district. During the iQth cen- tury quite a number of election boroughs in England were disfranchised on account of the prevalence of bribery. Forfeiture of office. In England it is a recognized principle that bribery disqualifies for holding office. In the United States constitutional or statutory provi- sions making bribery a disqualification for office are found in most of the states. See State v. Elting, 1883, 29 Kan. 397; State v. Collier, 1880, 72 Mp. 13; State v. Olin, 1868, 23 Wis. 309. But in the absence of such provisions the courts have generally held that bribery would not disqualify a candidate for holding office. People v. Thornton, 1881, 25 Hun. (N. Y.) 456; Com. v. Shaver, 1842, 3 W. & S. (Pa.) 338: People v. Goddard, 1885, 8 Col. 461. Under some of the laws requiring statements of CORRUPT PRACTICES AT ELECTIONS 35 election contributions and expenditures, failure to con- form brings forfeiture of office. Compare laws of Cal. Minn. Mo. and Neb. respecting for- feiture. The N. Y. statute provides for forfeiture of office for cor- rupt practices but has no proceeding to enforce the pen- alty. Annulment of election. An election secured by brib- ery is void. Universally the rule. Wayne Co. v. Judges, 1895, 106 Mich. 166; People v. Thornton, 1881, 25 Hun. (N. Y.) 456; State v. Purdy, T874, 36 Wis. 213. 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