The Auckland Star: WITH WHICH ARE INCORPORATED The Evening News, Morning News and The Echo. TUESDAY, AUGUST 23, 1904. THE NEW POLLS.

Auckland Star, Volume XXXV, Issue 201, 23 August 1904, Page 4

The Auckland Star: WITH WHICH ARE INCORPORATED The Evening News, Morning News and The Echo.

TUESDAY, AUGUST 23, 1904. THE NEW POLLS.

For the cause that lacks a.isittmce. For the wrong that needs resiatOMCt, For the future in the distance. And the good that we can do.

Two Government bills hare appeiare-d at the same moment which are likely to engage attention outside and inside the House for some time to come. The Local Elections Bill is a measure which under a very non-committal title introduces us to the long-expected and long-delayed provision for a second 1»----cal option poll in case tfhe first is voided. The Electoral Bill is a consolidat-

ing measure, which among othex matters, provides for a second ballot in ease an absolute majority is not secured by any one candidate. The two bills have perhaps little in common, but a_s they are both concerned with the rights and duties of electors, they may conveniently be considered together. The chief clauses in the Local Elections Bill refer, as we have said, to the question of disputed elections or polls. If a petition, signed by any six electors, for an inquiry into a poll be lodged within 14 days from the poll, a Stipendiary Magistrate shall hold such inquiry, and may extend his investigations as far as he pleases, so as to include the conduct of the whole election or poll, and the case of other candidates besides those specifically indicated in the petition. There will, therefore, be nothing to prevent the inquiry from being as comprehensive and thoroughgoing as can be required. The decision of the Magistrate on the questions submitted to him shall be final —that is to say, he shall determine of his own discretion whether any of the alleged irregularities occurred, and, if so, whether they tended to affect ot modify the results of the polL

There will doubtless be much discussion in the House and throughout the country whether the right of appeal from the decision of the Stipendiary Magistrate should or should not be allowed. It appears to us that considering the difficulty of the legal questions involved—more especially in connection with the licensing poll—the final adjudication on such questions should be vested in our Court of Appeal. At the same time we are distinctly of opinion that in a matter of purely local legislation such as our licensing laws it is not advisable to delegate the powers of interpretation to any outside tribunal, but to rest content with the fiat of the Judges of our own Supreme Court.

On. the other hand, we approve entirely of the clauses which provide penalties for deliberate and criminal interference with elections. Fines ranging from £ 20 to £ 100, according to the extent to which, in the Magistrate's judgment, the acta in question affected the results of the poll should prove very wholesome deterrents to those inclined to deal lightly with our political rights and privileges. Special attention is paid in another clause to the necessity for preserving tho sanctity of the ballot box) and the fact that the officer in

charge of the election is now personally responsible under heavy penalties for the safety of the ballot papers, will probably do much to guard our elections in future from any seriotu irregularities. The essential clause of the bill provides for a new poll when the Magistrate who has heard the case is satisfied that the results of the original poll were so materially affected that dt must be declared void. The returniDg officer shall then fix a day for a new poll, which must be not more than 25 days after the first poll is annulled; and the conditions under which the new poll is held are to be as far as possible the same as Wore, except for the irregularities condemned. It may be adv'sable to fix some minimum number of votes to render the second poll valid. At the same tim° we do not quite understand why t l( e new method of recording votes % cross instead of by striking out a printed line should be adopted in licensing and local polls but not in Parliamentary elections. It might be expected that more mistakes would be made with a small cross than a long l'ne. But these are minor details, and on the whole, except for the exlusion of the right of appeal, we think the bill may easily be modified into a practicable 'nd useful measure.

The new Elector 1 Dill introduced by Sir Joseph Ward Is chiefly interesting because it adopts In mod'fied form the "absolute majority" principle to which Mr MeNab has several times tried to give statutory effect. Any candidate at an election shall be declared elected if he gains an "absolute majority" of votes. But if no such majority of votes i.3 obtained, there shall be a beeond contest between the two cand'dates who received the highest number of votes ' at the first election; and the candidate who receives the greatest number of ; votes at this second trial shall be dc- ' clared duly elected. The principle ap- ' pears to us a sound one, and in this respect the bill seems to meet the case, at least as far as our present requirements are concerned. Other important provisions of the bill refer to the custody of ballot papers, the responsibility of officials, the use of "electors' rights," and the I votng of absentees. It should be observed that penalties are to be enforced against anyone who during an election interferes with or tries to influence an elector either in the polling booth or on his way thereto, or by distributing or c'rculating placards, paintings or imitation ballot-papers, makes any attempt to influence the judgment and opinion of those about to record their votes. If these provisions are all carried into effect the results of our elections will be

more likely in'the future to represent the real will and purpose of the electors; and on the whole, Parliament is not likely to raise any serious objection to the main provisions of the new Electoral Bill.