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CHAPTER II.

ELECTION AUDITOR.

NOTWITHSTANDING the efforts made by the Legislature to extinguish bribery and other corrupt practices at elections, it was confessed with regret, in the sessions of 1853 and 1854, that to a great extent those efforts had proved ineffectual. It was even

publicly asserted, that there had been more lavish expenditure, and a greater amount of corruption at the general election in 1852, than had occurred at elections for some time previously. This was probably an exaggeration; a great deal of bribery no doubt took place, but the minutes of the evidence taken before the election committees will show, that the amounts paid were usually small, and the general expenditure was certainly not on that lavish scale which is to be met with in the older reports. A greater proportion than usual of the elections petitioned against were avoided in committee, but then it must be remembered that bribery is far more easily proved now than it used to be; and the reduction of the numbers of the committee by increasing the responsibility of each member, has tended to prevent them from dealing in a lenient but lax way with mal

practices proved before them. The evil of corruption, however, still existed to a great extent, and in the session of 1854, members of every political party expressed an earnest desire, if possible, to put a stop to it. Many different schemes were proposed in the House of Commons; one of these was the appointment of an auditor, through whose hands all monies for the payment of election expenses were to pass. This plan has been sanctioned in the new "Corrupt Practices Prevention Act, 1854," in the expectation that the enactments on this subject will not only be a boon to public morality by putting an end to corruption, but will also prove of great service to candidates by diminishing the expenditure at elections. There can be little doubt that such beneficial results will flow from these new provisions, if candidates in future will determine strictly and honestly to comply with them.

Mode of Appointment.] The 15th section of the "Corrupt Practices Prevention Act" provides for the appointment of the election auditor in the following

terms:

"Whereas it is expedient to make further provision for preventing the offences of bribery, treating, and undue influence, and also for diminishing the expenses of elections; be it enacted, that once in every year in the month of August, the returning officer of every county, city, and borough, shall appoint a fit and proper person to be an election officer, to be called 'election auditor, or auditor of election expenses,' to act at any election or elections for and during the year then next ensuing, and until another appointment of election auditor shall be made; and such returning officer

shall, in such way as he shall think best, give public notice of such appointment in such county, city, or borough; provided that any person appointed an election auditor may be reappointed as often as the returning officer for the time being shall think fit; and that every person who shall be an election auditor on the day appointed for any election, shall continue to be the election auditor in respect of such election until the whole business of such election shall be concluded, notwithstanding the subsequent appointment of any other person as election auditor; and every election auditor upon his appointment shall make and sign before the returning officer the following declaration :

'I, A. B., do solemnly and sincerely promise and declare, that I will well and truly and faithfully, to the best of my ability in all things, perform my duty as election auditor, according to the provisions of "The Corrupt Practices Prevention Act, 1854.'

And every election auditor wilfully doing any act whatever contrary to the true intent and meaning of such declaration shall be deemed guilty of a misdemeanor, and in Scotland of an offence punishable with fine and imprisonment."

If the election auditor should die, resign, or become incapable of acting, the returning officer must appoint a fit and proper person to act in the room of such auditor; and the returning officer must give public notice of such appointment (s. 29). All monies, bills, papers, and documents relating to any election, which were in the hands or under the control of the election auditor going out of office, dying, resigning, or

becoming incapable of acting, are to be handed over to the new election auditor, with the exception of receipts or vouchers for payments actually made by the first auditor; and as to these, the new election auditor may have access to, and take copies of them, at all reasonable times (s. 30).

Such being the manner in which this new officer is appointed, we have next to consider the several duties which he has to discharge, and the obligations which other parties at an election have to observe with regard to him.

Duties of Election Auditor.] The first thing in the order of time, that has to be done at an election with reference to the election auditor, is the notification to him by all the candidates of the names of their respective "agents for election expenses."

Every candidate before or at the nomination, or as soon after as he conveniently can, must give to the election auditor, in writing, the names of his agents for election expenses. These agents must be appointed by a written authority. And each candidate must declare in writing to the election auditor that he has not appointed any other agents than those whose names he has given in; and also that he will not appoint any other similar agents without declaring it to the auditor. Sect. 31.

These agents for election expenses are the only persons who have any lawful authority to expend any money, or incur any expenditure relating to the elec tion, in the name or on behalf of the candidate (a).

(a) The effect of this enactment upon the general responsibility of a candidate for the lawful acts of his agents will be considered hereafter under the head of agency.

These agents may themselves pay the current expenses of the election, which must be paid in ready money; but they must make out, and render from time to time to the election auditor, true and particular accounts of all such payments. When the agent for election expenses is appointed he must sign the declaration contained in the 31st section.

A candidate may pay his personal expenses, and he or his agents may also pay the expenses of advertizing in newspapers with reference to the election. All sums, however, so paid by him or by his authority in respect of advertisements, must be rendered in an account to the auditor, in order that he may include them in the general account of the expenses incurred at the election (a). Sect. 22.

A candidate and his authorized agents may also themselves pay any lawful expenses, which should bona fide be paid before the nomination day, and which cannot be conveniently postponed. In order to make such payments legal payments, and to avoid the penalty hereafter to be noticed, the candidate or his agents must, on or before the nomination day, make out and sign a full, true, and particular account of all such payments, with the names of the persons to whom the payments have been made, and deliver it to the election auditor. Unless these payments are so entered in the account they will be deemed illegal payments. Sect. 25.

(a) It is to be regretted that an account of the personal expenses of the candidate is not required to be rendered. A great deal of unlawful expenditure may be incurred under this head by a candidate determined to break the law.