Dishonest methods employed
with the intent to influence the
results of public elections. The
practices to which the
expression refers are the use of
bribery, treating, undue
influence, personating of
voters, making false election
returns, and knowingly making a
false declaration as to election
expenses. Of these, bribery,
personating, and making false
returns are common-law offenses,
and render the offender liable
to indictment, and so, it has
been held in England, is the
giving of entertainment to
voters with the corrupt
intention of influencing an
election.
Any of the acts
enumerated above, excepting that
of making a false declaration as
to election expenses (which is
purely a statutory offense),
whether criminally punishable or
not, will at common law vitiate
the result produced by them,
and, if the corruption be
general, will have the effect of
nullifying the election itself.
The prevalence of bribery and
other corrupt practices at
Parliamentary elections in
England, and at all partisan
contests in the United States,
has in recent years led to the
enactment of statutes in both
countries to check the evil. The
English Parliament led the way
in these reforms by enacting the
Corrupt Practices Prevention Act
in 1854, which was aimed
particularly at the practice of
electoral bribery. This was
followed in 1868 by the
Parliamentary Elections Act, and
in 1883 by the Corrupt and
Illegal Practices Prevention
Act.
Altogether these statutes
constitute a most comprehensive
and well-devised body of
legislation, and they have
proved themselves to be
admirably adapted to the end in
view. They define with great
particularity the acts which
shall constitute the prohibited
offenses, and prescribe the
severe penalties of
disfranchisement and the
avoiding of the elections for
their commission. The
personating of voters is made a
felony and bribery and the other
practices enumerated are
declared to be misdemeanors.
Many of the best provisions of
these statutes have been
incorporated in the election
laws of American States.