THE BALLOT.

Star (Christchurch), Issue 750, 18 October 1870, Page 4

THE BALLOT.

[From the 'Lyttelton Times,' Oct. 17.] The new Act for the regulation of elections — generally spoken of as the Ballot Bill — came into operation on the firsfc day of the current month, and we may take it for granted that the electors will now feel themselves to be really what they have been usually called, " free and independent." Free to vote for whom they like without any fear of the consequences, and entirely independent of that pressure which, rightly or wrongly, is Baid to have been exercised in a great many cases. , It. is not necessary that we should now point out the advantages of election by ballot, or that we should attempt to answer the objections urged against it by men who would like to have the old means of " perßuaßion" still available. All that has been done before, and what we now wish to draw public attention to is the machinery o£, the new Act ; the method, in short, of conducting elections under the new order of thinga, and the precautions for securing Becrecy. As before, the appointment of Returning Officers and polling places rests with the Governor. The Act provides, however, that no person shall be appointed a Returning Officer, or substitute for a Returning Officer, or deputy, for any district, who shall at the time be a member of the House of Representatives for such district, or a candidate at any election for the district. And no Returning Officer, deputy, or substitute can be a candidate unless, by writing under his hand addressed to the Governor, he shall have resigned his office at least thirty days before that appointed for the nomination. Before entering upon any of the duties assigned to them by the Act, Returning Officers must make and subscribe a declaration, before some Justice of the Peace authorised to take the same, to the following effect : — I [A.B.] do solemnly declare that I will faithfully and impartially according to the best of my skill and judgment exercise and perform all the powers authorities and duties reposed in or required of me by " The Regulation of Elections Act, 1870" as Returning Officer for the Electoral District of and I do further solemnly promise and declare that I will not at any election for the said attempt to ascertain save in cases in which I am expressly authorised by law so to do for what candidate any person shall vote or have voted and that if in the discharge of my duties at or concerning any such election I Bhall have learned or have the means of learning for what candidate any person shall vote or have voted at such election I will not by word or act or any other means whatsoever directly or indirectly divulge or discover or aid in divulging or discovering the same save in answer to some question which I am legally hound to answer or in compliance with the express provisions of the law relating to parliamentary elections. A similar declaration must be made and subscribed by every deputy or substitute of a Returning Officer, and also by every poll clerk. The clauses of the Act which relate to the issue and return of writs are not of much interest to the general public, and we therefore pass on to the proceedings at election. When the Returning Officer receives a writ, it is his duty to fix the day of nomination, and polling if necessary — giving not lesß than seven nor more than thirty days' notice. He must also take care that due publicity is given to these notices, and, in case he should be prevented from attending the nomination and poll, he must at once appoint a substitute, who " may and shall as and " for the Returning Officer do and " suffer all Buch acts and things and be " subject in every case to the like pro- " visions as though he were the " Returning Officer." The nomination is to be conducted in precisely the same way as electors have hitherto been accustomed to. There will be the duly qualified proposers and seconders, the usual speeches, the show of hands, and all the other pleasantries which there is no occasion to mention. Should a poll be necessary, the Returning Officer must cause ballot papers to be printed " with the Christian names and " surnames of all the candidates." If, as might happen, two or more of the candidates are of the same name — say John Smith, for example — the ballot papers must give their residence and occupation. Having provided for matters so far, the Returning Officer must next see that proper polling booths are available. The following directions are given about the. internal arrangements of a polling booth : — Each booth shall be so divided or arranged

that there shall he in the same one or more inner compartments opening only into that part of the booth in which the ballot box is kept, and the Returning Officer or hie deputy shall provide in every such compartment pencils or pens and ink for the use of electors, and shall also provide for each booth a ballot box, having a lock and key, and with a cleft or opening therein capable of receiving the ballot papers. The Beturning Officer presides at the principal polling booth of the district, and appoints deputies for all the others. These deputies appoint such clerks as are required, and, as we have already pointed out, both deputies and clerks must make and subscribe a declaration in the form already given. Candidates are entitled to appoint scrutineers, or, if they omit to do so, their proposers may make the appointment, provided that no scrutineer is himself a candidate. Every scrutineer has a right to be present in that part of the booth in which the ballot papers are received, and, before he commences to act, every scrutineer must make and sign the following declaration, in presence of the Returning Officer or his deputy : — I [A.B.] scrutineer for CD. a candidate at the present election for the Electoral District of do solemnly declare that I will faithfully observe all the provisions of " The Regulation of Elections Act 1870" which relate to such my office of scrutineer and I do further solemnly promise and declare that I will not as such scrutineer at the said election attempt to ascertain for what candidate any person shall vote or have voted at the said election and that if in the discharge of my duties at or concerning the said election I shall have learned or have the means of learning for what candidate any person shall vote or have voted thereat I will not by word or act or by any other means whatsoever directly or indirectly divulge or discover or aid in divulging or discovering the same save in answer to some question which I am legally bound to answer or in compliance with the express provisions of the law relating to parlianiei-.Ury elections. The only persons who are allowed to enter or remain in the booth during the polling are the Eeturning Officer or his deputy, the poll clerks and the scrutineers, such a number of constables as may be required to keep order, and not more than six voters at a time actually engaged in voting. Immediately before proceeding to take the poll, the Eeturning Officer or his deputy must exhibit, for the inspection of the scrutineers and poll clerks who may be present, " the ballot-box " open and empty, and shall forthwith " thereafter close and lock the same " being still empty, and set and keep " the same unopened upon the table at " which he is to preside and in view of " such persons as shall from time to " time be present in the polling booth, " and shall keep the key of the said " box." Polling must commence at nine o'clock in the forenoon, and, " unless lawfully adjourned," close at four o'clock in the afternoon of the same day. The persons entitled to vote are those who have hitherto exercised the franchise. When a voter presents himself at the booth he must give his name in full, and such other particulars as may be required for his identification, to the Returning Officer or his deputy, and these officers must take care to find out whether the name and designation so given are on the roll. If he thinks fit, the Returning Officer or his deputy may, and shall if required to do so by a scrutineer or by any two persons entitled to vote, put certain questions to any one tendering his vote before giving him the ballot paper. The questions are unimportant, relating chiefly to the proper identification of voters The Returning Officer or his deputy is empowered, if he thinks fit, and if he is asked by a scrutineer to do so, he must, administer the following " solemn " declaration againßt bribery " to any person tendering his vote : — I [A.B.] do solemnly declare that I have not received or had by myself or any person whatsoever in trust for me or for my use or bemfit or for the use or benefit of any member of my family or kindred or any friend or dependent directly or indirectly any sum of money office place of emolument gift or reward or any promise or security for nor do I expect to receive any money office place of emolument gift or reward by way of consideration either expressed implied or understood for giving my vote at this election. All preliminaries having been settled, — the voter identified, the questions answered properly, and the solemn declaration administered if necessary — the Returning Officer or his deputy writes upon the back of a ballot paper, " aB near as practicable to the lower edge thereof," the number correspond-

ing to the number set opposite the voter's name on the electoral roll of the district, "so that in folding up " such ballot paper the voter may " easily conceal from view the said " writing." The ballot paper must then be "marked conspicuously on " the back with a stamp varying at " each election, the form thereof to be " determined by the Governor in " Council." These formalities gone through, the ballot paper is handed to the voter, who forthwith retires alone to some unoccupied part of the polling booth, where, also alone and without delay, he strikes out the names of the candidates for whom he does not intend to vote. Having done this he folds up his ballot paper — " in such manner as " will conceal the names of the candi- " dates and will display the stamp on " the back " — and deposits it in the ballot box in the presence of the Returning Officer or his deputy. These gentlemen must take care that no paper is deposited in the box unless the stamp is duly displayed. If any voter should unfortunately happen to be blind, or unable to read, and if he signifies the same to the Returning- Officer or his deputy, that functionary may, and shall at the request of such person, " for him and in " presence of a witness if so desired by " the voter, strike out in the polling " booth the names of such candidates " as may be designated by the voter." We will now suppose the poll to have closed, passing over a number of clauses about penalties for personation and the like. What is done next? How is the secrecy of the ballot maintained ? What guarantee is given to the voters that there will be secrecy ? Immediately upon the close of the poll, the Returning Officer, and every deputy at the booth where such has presided, "shall in the presence, " and subject to the inspection of such " of the scrutineers as choose to be " present, and the poll clerks, but of " no other persons, open the ballot- " box and proceed to ascertain the " number of votes for each candidate, " and shall upon and after such open- " both abstain himself from inspecting " the writing upon the back of the " ballot papers, and take care that the " same is not seen by any person preu sent before the papers are enclosed '• in a sealed parcel." As soon as the total number of votes has been ascertained at each booth, the officer presiding is directed to seal up in one parcel the ballot papers that have been used in voting, in another parcel the papers that have not been used, in a third parcel the papers that have been set aside for separate custody, and in a fourth parcel all books, rolls, and papers used by him during the polling, except the certified copies of rolls supplied to a deputy "on which the fact " of any person having received a ballot " paper has ' been noted." The said several parcels having been duly sealed by the presiding officer, and by any of the scrutineers who may desire to do so, they are to be severally endorsed " with " a description of the contents thereof " and with the name of the district, the " name of the place of polling, and the " date of polling." In addition, each parcel is to be endorsed with the signature of the presiding officer, and the whole transmitted to the Returning Officer for the district. The same formalities must be observed with regard to all papers used and unused at any booth where the Returning Officer has himself presided. After the poll is officially declared, the sealed parcels are to be made up in separate packets for each district, and sent to the Clerk of the House of Representatives, "to be by him safely kept for " two years," and no sealed parcel or packet can be opened unless by the command of a competent court or tribunal. Such is an outline of the main provisions of the Act. Though we have necessarily omitted many details, we trust that sufficient has been done to make the modus operandi of voting clear, and the precautions for securing secrecy evident.