CASTING VOTES.

Press, Volume LXI, Issue 18545, 21 November 1925, Page 15

CASTING VOTES.

POINTS FOR CRITICS. . NO "SITTING" MEMBERS. RETURNING OFFICERS' ONLY .VOTES. I (sriClAt JO "THE rjLEgS.") A\ ELLINGTON, November 19. Tho greater number of the opinions that have been given on the action of the Returning Officers in the Lyttelton and tho cstlanc] elections have apparently been expressed without a knowledge of tho facts. In the first place it has been taken for granted that a lieturning Officer had, as an elector in the district, an ordinary vote us well as a casting vot.e in the event of a tic. Such is not the case, lie has no ordinary vote. The law is quite clear on this point, and 011 the eve of tho last election the Electoral Department specially wrote to all Returning Officers pointing out that thev could not voto except in the event of a tie. Another point on which many of the critics go wrong is that the retiring member should be favoured. There is no "retiring" member. The men who were members before the expiration of tho Parliament were simply ordinary citizens at the election, with 110 speci:-! claims on the consideration of the lieturning Officers. As to the Parliamentary custom, that is quite a different thing. If Mr Speakerl gives his casting vote in the event of a tie in favour , of keeping the Government in office, he is simply giving it in favour of a Government that is at the moment in office, but there is no such thing as a, member of the House of Representa•tires at a General Election. An exmember has no move right to consideration ihan a fresh candidate. The Speaker gives his vote i«i favour of a Government, to secure the-continuance of existing conditions. In the cisc of a General Election there are no "exiting conditions" to l>e continued. The Returning Officer, therefore, has a perfeck right to give his only vote (the • casting vote) as he would have given - hjs original vote had he been an ordinary elector. f'AS IF HE HAD VOTED IN THE CONTEST." (press association telegram.) HOKITIKA, Norember 20. Regarding casting his voto, the Returning Officer for Wcstland explained . that when he ascertained that the votes <if< the candidates were equal lie decided to give his casting vote in the same way .iMif he had voted in the contest. As > the scrutineers know, he had not voted in the, election, anii the vote was used jls! Jus own. He gave his casting vote to Beddon, who had a majority of one, W«1 was declared elected accordingly, Ho writ notifying the election of Mr . Seddon has now been returned to Wellington. y CRITICISM." •- ■ - - MR M'LEOD MAKES A \ SUGGESTION, il - ASSOCIATION TXLtGRAIT.) PALMKRSTON N., November 20. Atked on arrival at Palmerston North ' to-day,. whether he would care to njake a statement on the decisions of the Westland and Lyttelton returning officers, the Hon. A, D. McLeod (chair'man of the Reform Organisation Execu- ' tiye) stated that very unfair criticism \raa beittg levelled against both officers by men tvho Trero apparently allowing their judgment to become warped as a result of defeat. ' • 1 u 3Pliat is by no means an unusual or even an,, inexcusable attitude," said McLeod, "but the argument that ji retarding officer should record his vote . accordance with custom or precedents «tsbUahed in' other directions cannot •' . tlie tallied. If such a procedure had > intended, the law would have • long before this, and «♦ y6qld have definitely that ./in the event ef a.tie the sitting member (hall be declared elected. If the system is to be continued, and ** returning officers are to have the un--/dtaiAble.. right of deciding such issues *l>y casting an unfettered vote, then, in . opinion, an amendment should be en- • Mted-Jtoaking it mandatory on the part $r all .electoral returning officers to ro\jfcord their votes on the morning of , > flection day, and to forward them under IfiaLto the chief electoral officer, Wcln> fogten, such votes to be opened and in the event of a tie being deifUred, after Magisterial enquiries or 7 J%Co4ntß (if any) have been finally diS' oft" • I