Corrupt Practices

CORRUPT PRACTICES is a general term including bribery (q.v.), undue influence, etc., but has specific reference to electoral systems (q.v.) ; in England, as defined by the Corrupt and Illegal Practices Prevention Act, 1883, and the Representation of the People Act, 1918, the object of which is to prevent improper interference with the freedom of elections and in certain cases to avoid the election in question.

While all of the American States and Territories have, from the time of their creation, had laws against bribery in elections, corrupt practices legislation was not enacted until after England set the example. The States first sought to control nominating conventions, direct primaries and elections. In this they were followed later by Congress.

Colorado and Michigan enacted corrupt practices laws in 1891, and Massachusetts and New York in 1892, the last-named State having defined corrupt practices in 189o. Since that time, all of the States except Illinois, Mississippi, Rhode Island, South Carolina and Tennessee have adopted such laws. These laws define numerous election offences, including bribery, coercion, intimidation and treating, and generally set forth in detail pur poses for which money may be legally expended in campaigns by candidates, their agents and political committees. Such expendi tures permitted in State, district, county and municipal cam paigns ordinarily include those for travelling, telegraph, telephone, postage, messenger service, halls and rooms, payment of speakers and musicians, lists of candidates and sample ballots, pamphlets, newspapers, cards, polling lists, canvassing and challenging, sta tionery, clerical hire, literature and advertising. In some States the furnishing of conveyances for carrying other than the aged and infirm to the polls is prohibited, and others prohibit salaries for speakers. Candidates and committees are often limited in the amounts of expenditures. Such amounts are restricted to one of three limitations, as the statute may provide; a percentage of the salary of the office involved, a sum proportionate to the number of voters in the area in which the candidacy is made, or an arbitrary amount named. Candidates, agents and committee treasurers are required to file with officers designated by law sworn statements of campaign receipts and expenditures, in cluding amounts, names and addresses and purposes, in all cases after the nominating convention or direct primary or election, and in some at a specified time before the campaign closes. Cor porations are prohibited from contributing to campaign funds. As a means of protection to candidates, they may not contribute or be requested to contribute to organizations of a religious, charitable or educational character, unless they have regularly aided such institutions; likewise they may not contribute toward the expenses of entertainments, balls, picnics or other outings. The circulation of untruths concerning candidates is prohibited in many States. The penalty for violation of the statutes may be fine or imprisonment or both or, where the successful can didate has profited from the illegality, invalidation of the nomina tion or election.

Federal action came in 1907 when Congress prohibited national banks and corporations organized by authority of Congress from contributing to political campaigns, and also prohibited any other corporations from contributing in campaigns where presidential electors and representatives in Congress were chosen and when U.S. senators were chosen by the legislatures. Federal officials were prohibited in I 909 from soliciting campaign funds from any officer, clerk or employe of the Government. The publication of campaign expenditures after the election by political committees with activities in more than two States at elections in which rep resentatives in Congress were chosen was required in 191 o. An amendment was adopted in 1911 by which publication of cam paign expenditures both before and after the election was required, and candidates for representative and senator in Congress were similarly required to file statements of expenditures, both before and after the nominating agencies and the elections. Such state ments were required by a law of 1912 to be under oath and sent by registered mail to officials of Congress. Promises and offers for votes and the withholding of votes on behalf of candidates for both houses of Congress were prohibited in 1918, both as regards direct primaries and elections.

Act of 1925.--In 1925

Congress passed a new Corrupt Practices Act in which no attempt was made to control direct primaries or nominating conventions. It specifically repealed all the previous Federal laws, but provided in general: (I) That the treasurer of every political committee having activities in two or more States must file with the clerk of the House of Representatives between the i st and loth days of March, June and September in each year, and also between the loth and I 5th days and on the 5th day next preceding the date on which a general election is to be held at which candidates are to be elected in two or more States, and also on the 1st day of January following, sworn statements show ing the names and addresses of contributors of $1oo or more, together with amounts and dates, and the total sum of other and all contributions, as well as the names and addresses of persons to whom expenditures of $1 o or more are paid, with amounts, dates and purposes, and the total sum of other and all payments. Every person likewise expending money other than through con tributions to political committees in two or more States must file similar statements. (2) That every candidate for senator must file with the secretary of the Senate, and every candidate for representative, delegate or resident commissioner must file with the clerk of the House, not less than ten nor more than 15 days before and also within 3o days after the election, itemized sworn statements of all contributions to his campaign and expenditures in his behalf, as well as promises or pledges made by him and in his behalf.

If a State prescribes a maximum amount to be expended by the candidate, this must be observed, unless it is more than the amount fixed by the act, viz., $1 o,000 by a candidate for the Senate, $2,50o by a candidate for the House, or an amount equal to the amount obtained by multiplying three cents by the total number of votes cast at the last general election for the office the candidate seeks, but in no event exceeding $2 5,00o for the Senate or $I o,000 for the House. The act makes it unlawful to pledge appointment or employment for the purpose of procuring support and for any person to make an expenditure or cause one to be made or offered to any person to vote for or against a can didate or to withhold his vote, and likewise for any person to solicit any such expenditure. Members of or candidates for either house or any other officer or employe of the Government are forbidden to solicit directly or indirectly any political contribu tion from any such person, officer or employe. It is also made unlawful for any national bank or corporation organized under authority of Congress to make a contribution in connection with any election at which presidential electors or members of either house are chosen.

Each house of Congress is empowered under Article i., s. 4 of the Constitution to judge the elections, returns and qualifications of its own members, and through the reports of their elections committees they have defined corrupt practices, often independent of statutory violations, which in their opinion have been suf ficient cause for the invalidation of certain elections. The Senate has established the precedent of considering corrupt practices in direct primaries, even where there has been no charge of statutory violation.