All the States and Territories have enacted corrupt practices acts of some sort. The earlier laws related chiefly to bribery, betting on elec tions, etc., but the latest laws so carefully regu late expenditures by party candidates and com mittees and define legal and illegal practices with such particularity that few loopholes exist for °honest graft,* the most tempting oppor tunity for evading the law being furnished by the allowances for ((necessary personal ex penses* (comprising expenditures for traveling, stationery, postage, express, telephone and tele graph services, etc.), which need not be in cluded in the financial statement. Hence only slight limitations are imposed on the candidates.
New York was the first State to legislate against corrupt practices at elections, passing an act in 1890 requiring candidates to file itemized statements of expenditures on pain of imprison ment and loss of office. As the operations of political committees were not restrained by this law, the defect was remedied by a supplementary law providing that within 20 days after the election the treasurer of such committee shall file an itemized statement giving amounts of contributions with names of donors and details of all expenditures over $5 with the objects and names of persons to whom payment was made. Bribery, personation, illegal registration, the use of false naturalization papers and the aiding of another to do so are punishable by imprisonment not exceeding five years, while giving a bribe also disqualifies for holding office and receiving a bribe disfranchises for five years. Illegal primary voting is a misdemeanor as is making a false declaration of party affilia tion. The amounts that candidates for various offices may spend are carefully listed, graded and defined, as are also the legitimate expenses that may be incurred by all others connected with the elections. In 1909 New York also prohibited all corporations, save political asso ciations, to make campaign contributions or to expend money for any political purpose what soever, and an officer, stockholder or agent of any corporation guilty of such practice may be imprisoned for one year and fined a sum not exceeding $1,000. Candidates may not be so licited for contributions nor are judicial candi dates allowed to donate. The influencing of voters by promising employment or office was first prohibited by Massachusetts, which State also forbids the publication of unsigned political advertisements, the subsidizing of newspapers to favor a particular candidate, the contributing of funds to political parties by certain corpora tions and the payment of naturalization fees by political committees.
Several States prohibit electioneering on election day and the giving away of liquor within a certain distance of the polling places, and a few States now bear a part of the election expenses. Oregon limits the amount to be expended on an election and pays part of the expenses of informing voters about candidates and parties. In 1909 Colorado provided that only the State and the candidates should pay the expenses of electing State, district and county officers at general elections. Each politi cal party receives from the State 25 cents for every vote cast for governor by that party in the preceding election, the money being paid to the State chairman who is bonded to guaran tee the legitimate use of such funds and also to vouch that one-half of the sum received by him is distributed among the county chairmen.
Candidates may personally contribute a sum regulated in accordance with the amount of the prospective salary or fees. Other persons or corporations contributing to any party candidate or committee or receiving such contributions are guilty of felony. In 1915 Nevada limited the expenditures of any party to $15,000 during one campaign. In the same year Kansas pro hibited a candidate from spending more than 10 per cent of the office salary for the first year, his expenses not including travel. This State also forbids any candidate or organization to provide conveyances to take voters to the polls. California penalizes frauds in connection with initiative, referendum and recall petitions, mak ing such practice a felony punishable by im prisonment from one to 15 years. Most of the States require the publication of financial state ments at specified intervals before election day and complete sworn statements within a certain time after election, various penalties being imposed for failure to comply. Nebraska re quires not only the itemized statement to be issued 15 days before election but also daily reports thereafter until election of all con tributions over $25. In 1911 Indiana provided that candidates must conduct their financial operations through apolitical agents" to prevent the irresponsible distribution of political funds. South Dakota requires a secretary for each political committee who must receive all con tributions, transfer them to the treasurer and approve all vouchers before the latter officer may expend the funds. Most States require that these statements be open to public inspec tion. See BALLOT; BRIBE; ELECTIONS; LOBBY; UNITED STATES - THE NEW DEMOCRACY AND THE SPOILS SYSTEM.
Alysworth, L. E.,
Practices' and
Expenditures) (in American Political Science Review, Vol. III, pp. 50-56, 382, 1909) ; Brooks, R. C.,
tion in American Politics and Life' (New York 1910) ; Fox, G. L.,
Lowrie, S. G., 'Corrupt Practices at Elec tions' (Madison, Wis., 1911) ; Lowell, A. L., 'Government of England' (rev. ed., New York 1912) ; Mattison and Macaskie, 'The Law Relating to Corrupt and Illegal Practices> (3d ed., London 1892); North American Review, Vols. CLX XX, pp. 166-185 (1905) and CLXXXIX, pp. 35-42 (1909) ; Peterson, H. J., 'Corrupt Practices Legislation in Iowa' (Iowa City 1912) ; Reinsch, P. S., 'Readings on Amer ican State Government' (Boston 1911) ; Roby, F. S., 'Vote Buying' (in New England Maga zine, Vol. LI, pp. 29-33, March 1914) ; Schaffner, M. A., 'Corrupt Practices at Elections' (Madi son, Wis., 1906) ;. Stimson, F. J., 'Popular Law making' (New York 1910) ; Seton-Watson, R: W. 'Corruption and Reform in Hungary: a Study of Electoral Practice' (London 1911); and the guides to periodical literature under the titles Bnbery, Campaign Funds, Elections, Po litical Corruption, etc.