CARDS FOR VOTERS

New Zealand Herald, Volume LXXII, Issue 22172, 27 July 1935, Page 17

CARDS FOR VOTERS

RECENT PROSECUTIONS • - TWO DECISIONS ANNOUNCED ' ONE CHARGE DISMISSED " The practice is quite a harmless one and, in fact, the returning officer said it was of some assistance; I do not know who was responsible for this flutter," said IVIr. W. R. McKean, S.M., in the Magistrate's Court yesterday in giving reserved decisions concerning prosecutions relating to the distribution of cards, bearing the names of candidates in the,local body elections, outside booths on the day of the; poll. May 8. The cases were those in which Robert Purdie (Jit;. Terry) and William Rickman (Mr. Schramm) were charged with "interfering with electors while ou their *ay to the election booth with the intention of influencing their vote." The case against Purdie was dismissed and Kickruan was convicted and ordered to pay costs, 21s. In his decision, the magistrate said the provisions of the Local Elections and Polls Act under which the defendants ■were charged were considered by Mr. Justice Blair in a case in 1933. His Honor held that to offer a printed slip containing candidates' names, whether it was accepted by an elector or not j and whether it influenced him or not, | was a breach of the provisions of the j 6tatute. Practice Not New " In the case of Rickntan," ssiid the magistrate, " defendant would ask electors proceeding to the booth whether they had their roll numbers and if they had not he would look up tho number on the roll, write it on a slip of paper and hand it to the elector together with the names of certain candidates. " I have already held that the absence of an express request on the j printed cards is of no importance if the cards wore given- for the purpose of influencing electors. That they wen; given for no other purpose than to influence electors as to how they should vote, is clear." In convicting Rickman and ordering him to pay the costs, the magistrate said that as the practice had been in existence in Auckland for some years he would not impose a penalty. Different Circumstances Regarding Purdie, the magistrate said the defendant did not hand the printed cards to any electors. He merely wrote the elector's roll number on a slip of paper and handed it over. Sometimes electors would ask if they could have a card and sometimes they would take • card without asking. j " The defendant's table was decorated with his party's colours," .added Mr. McKearu 'lt may be said that tho: reason for his being at the table was obvious knd that the display of tihe printed cards was at any rate a tacit invitation to electors to take them. However, to permit a person to take something that he asks for or to allow him iio take something you want him to take, cannot be an interference with that person unless the meaning of that word is unnaturally extended. What was done did not amount to an interference with •an elector.*' The case was dismissed. ' The magistrate said reserved decision in a case of the same type against John Samuel Russell would be given at a later date. -