ELECTORAL LAW

Evening Post, Volume CXXIV, Issue 122, 19 November 1937, Page 10

ELECTORAL LAW

FALLACY EXPLODED

ISSUE OF PAMPHLETS

Two popular election fallacies were exploded by the Attorney-General (the Hon. H. G. R. Mason) in the House of Representatives today when the Electoral Department Estimates were being passed. The first was that it is illegal to carry on propaganda during the three days immediately preceding an election, and the second that the law prohibits persons from standing outside election booths for the purpose of issuing propaganda on polling days.

In the first instance, said Mr. Mason, the correct interpretation of the law was that mock ballot papers only were prohibited, and in the second instance there was nothing to prevent persons from standing outside the booths so long as they did not interfere with voters or influence them to accept pamphlets or other propaganda. The discussion arose when electoral estimates were under consideration.

Mr. S. G. Smith (National, New Plymouth) said he would like to remind the Prime Minister that it was illegal to issue propaganda during three days preceding election, and would ask him if he would take steps to prevent broadcasting being used for the same purpose. Mr. Mason: I'm afraid you don't understand the existing law.

.Mr. Smith: The law prevents the issue of pamphlets and propaganda in the way I have said. Mr. Mason: That is not exactly right. I'll explain it later. , Mr. Smith: If that is not the law it ought to be. MOCK BALLOT PAPERS. In his reply Mr. Mason said the issue of propaganda could go on all the time. The impression held by Mr. Smith was a very common misunderstanding of the law. What the law prohibited was the issue of mock ballot papers. There was a reason for this. In the old days mock ballot papers were issued and ignorant people who accepted them thought'they were exercising their votes by placing those papers in the ballot box. Harm resulted and the practice had to be suppressed. Mr; Smith: Won't the Minister agree that ignorant people might. be influenced by what is heard over the air? Mr: Mason: They can't put what they hear over the air into the ballot box. Mr. Smith: They'd be jammed if they did that. • . ~...'• The Minister added, that at one time it had been almost impossible to enter an election booth without engaging in a wrestling match with persons who sought to force propaganda on . the electors. That sort of thing had to be suppressed,' but the law did not prevent persons from standing at a respectable distance from the polling booths to hand pamphlets and material to any voters requesting information of that sort. Mr. S. G. Holland (National, Christchurch North): There have been convictions against persons for that sort of thing. ' The Minister: If that is so they are wrong convictions. Mr. Mason then explained that a Supreme Court judgment had established the clear fact that so long as there was no interference persons were not debarred from issuing pamphlets outside the booths. FACILITIES FOR ELECTORS. Opportunity was taken by a number of speakers to pay a tribute to the work of the Chief Electoral Officer and- those under him. The Rt. Hon. G.W.-Forbes, (National, Hurunui) said that there was not the slightest doubt about the. carrying out of elections in New Zealand, and said that they had always found the electoral officers efPcient and courteous. Mr. Forbes referred to people who did not vote and said he did not know of anything that could be done, but it was only'right'that persons should exercise their privilege to vote. In the course of his reply the Prime Minister (the Rt. Hon. M.J. Savage) said that about 85 per cent, of those registered voted at the last General Election. He did not think that compulsory voting was the way out. He was not going to be dogmatic about it. His feeling was.that if people were given facilities' for voting they would vote readily enough without compulsion. The Government would see that the people had those facilities. Mr. Forbes said that he was satisfield no Government had fallen short in providing voting facilities. He knew of cases where requests for booths had been granted and after the election it was found that only five or six voters had used them.

The Rt. Hon. J. G. Coates (National, Kaipara) said that he had never heard of a reasonable request being refused. ■Mr. W. A. Bodkin (National, Central . Otago) said that there were a large number of men in tents in his electorate at the time of the last election and there had been no trouble about securing booths.

Mr. T. H. McCombs (Government, Lyttelton) said that seamen at Lyttelton had to go to Christchurch to ar-^ range to vote and some of them started and did not finish the journey. He asked if their votes couVl be taken in Lyttelton.