By-election

“ The mode of election recommended by the gentleman must be attended with great embarrassments. His idea is, that a majority of all the votes should be necessary to return a member.
I will suppose a state divided into districts. How seldom will it happen that a majority of a district will unite their votes in favor of one man! In a neighboring state, where they have this mode of election, I have been told that it rarely happens that more than one half unite in a choice. ”

“ He dare not utter a word without incurring its penalties. In this country, every public question connects itself with our elections. If there be two candidates for any State Legislature, and the election should turn upon internal improvements, or the division of a county, the officer is as much exposed to the universal sweep of this bill, in case he utters a word in favor of the one or against the other, as though it were the Presidential election. ”

“ It was clearly, however, in the contemplation of the framers of the Constitution that such an exigency might arise, and provision was wisely made for it. The freedom of the ballot is a condition of our national life, and no power vested in Congress or in the Executive to secure or perpetuate it should remain unused upon occasion. The people of all the Congressional districts have an equal interest that the election in each shall truly express the views and wishes of a majority of the qualified electors residing within it. ”

“ The qualifications of the electors being the same as those of the representatives for the state legislatures, and the election being under the control of the legislature, the prohibitory provisions against undue means of procuring votes to the state representation extend to the federal representatives: the extension of the sphere of election to so considerable a district will render it impossible for contracted influence, or local intrigues, or personal interest, to procure an election. ”

“ The will of the electors would be more adequately and exactly expressed, because the minority, or possibly more than one minority, as well as the majority, would have everywhere its representative. The zeal of the electors would be stimulated, because in each district a section of opinion not large enough to have a chance of winning an election, if there were but one member, and accordingly now apathetic, because without hope, would then be roused to organize itself and to take a warmer interest in public affairs. ”

“ Thus it appears, from an examination of the original Constitution and the amendment, that the most ample provision is made for filling the executive office, in all contingencies but one. If the electors fail to choose according to the rule prescribed for them, the election devolves on the House of Representatives. ”

“ If it were the intent of the Constitution to scrub the popular election and to cause selection by the legislature as an independent process, the legislature would not be bound to select from the two who received at the polls the highest number of votes. ”

“ Curiously enough, in a country where the principle of popular election had long since taken such deep root, where the assemblies of the several states had been chosen by the people from the very beginning, there was some doubt as to whether the same principle could safely be applied to the national House of Representatives. ”

“ I take it for certain that a clear majority of the Assembly are enemies to the government, and I have no reason to suppose that I can be less obnoxious than others on the opposite side. An election into the Senate, therefore, can hardly come into question. ”

“ Our wards and precincts should be made smaller, so that people can vote without violence, without wasting an entire day, so that the honest business man that wishes to cast his ballot for the Government of his choice can walk to the polls like a gentleman and deposit his vote and go about his affairs. Allow me to say that unless some such plan is adopted in the United States, there never will be another fair election in this country. ”

“ No man expressed the least inclination to be chosen. Instead of humble advertisements, entreating votes and interest, one saw before every new election requests of former members, acknowledging the honor done them by preceding elections, but setting forth their long service and attendance on the public business in that station, and praying that in consideration thereof some other person might be chosen in their room. After a dissolution, the same representatives might be and usually were re-elected without asking a vote or giving even a glass of cider to an elector. ”

“ It is very gratifying to observe the general interest now being manifested in the reform of our election laws. Those who have been for years calling attention to the pressing necessity of throwing about the ballot box and about the elector further safeguards, in order that our elections might not only be free and pure, but might clearly appear to be so, will welcome the accession of any who did not so soon discover the need of reform. ”

“ If they know that such a man as they wish—for instance, the actual President—cannot possibly be elected by a majority of the whole number of electors appointed, yet if they can prevent the election, by such majority, of any one they disapprove of, and if they can procure such a number of votes as will be sufficient to make their favorite one of the five highest on the list, they may ultimately carry the election into the general Congress, where the votes, in choosing him, shall be taken by states, each state having one vote. ”

“ It is apparent that a declaration for a very short term, as for a single day, would defeat the design of representation. The election, in that case, would not seem to the people to be of any importance, and the person elected would think as lightly of his appointment. ”

“ Thus, any political body that wins as much as 20% support at an election becomes a 'political party' with its attendant ballot position rights and primary election obligations, and any 'political party' whose support at the polls falls below that figure reverts to the status of a 'political body' with its attendant nominating petition responsibilities and freedom from primary election duties. ”

“ The Candidate pays the Elector for his vote, instead of the Nation paying the Representative for his time and attendance on public business. The complaint for an undue election is brought by the Candidate, as if he, and not the Electors, were the party aggrieved; and he takes on himself, at any period of the election, to break it up, by declining, as if the election was in his right and not in theirs. ”

“ RUTLEDGE could not admit the solidity of the distinction between a mediate and immediate election by the people. It was the same thing to act by one's self, and to act by another. An election by the legislature would be more refined than an election immediately by the people ”

“ The primary electors, instead of losing by the change, would gain a real power of indirect election, whereas the apparent power of direct election which at present they possess is an illusion, the reality having been filched from them by the caucus, which is always in the hands of a ring. A wise arrangement of local institutions on the elective principle would of course be the basis of the system, as it is the indispensable training school of the people in self-government. ”

“ But the district mode of election, is far more inconsistent with the principles of our Union, than that by state legislatures; because, in that mode, state will, though one of the parties to the union, loses its whole influence; wherein an election by state legislatures, popular will retains an influence upon the election of a president, equivalent to its influence over these legislatures. ”

“ The minority member is nailed to his seat, and can neither take office nor retire, except at a general election. All complicated arrangements are apt to harbor wire-pulling, for the wire-puller, even if he is baffled at first, soon learns the trick. The only measure of this kind which appears to promise real improvement is the adoption of the second ballot when no candidate has polled an absolute majority at the first. ”

“ There is a glorious and detailed account of the slow progress of an election before the Reform Bill began to cut the rottenness from the heart of the Parliamentary borough; when polling extended beyond one day, and alternate applications of threats and spirits brought the free and independent electors one by one to the presence of the polling clerk, when the ladies openly assisted their candidates with polite bribery and the scene closed in universal intoxication. ”

“ They may make the time of election so long, the place so inconvenient, and the manner so oppressive, that it will entirely destroy representation. I hope gentlemen will exercise their own understanding on this occasion, and not let their judgment be led away by these shining characters, for whom, however, I have the highest respect. ”

“ The evil would be exactly proportional to the amount of discretion left to the chosen electors. The only case in which they would probably be afraid to employ their vote for the promotion of their personal interest would be when they were elected under an express pledge, as mere delegates, to carry, as it were, the votes of their constituents to the hustings. The moment the double stage of election began to have any effect, it would begin to have a bad effect. ”

“ The new mode of trying elections, if it be found effectual, will diffuse its consequences further than seems yet to be foreseen. It is, I believe, generally considered as advantageous only to those who claim seats in parliament; but, if to choose representatives be one of the most valuable rights of Englishmen, every voter must consider that law as adding to his happiness, which makes his suffrage efficacious; since it was vain to choose, while the election could be controlled by any other power. ”

“ Fourth. "That the Congress may by law deprive the electors of a fair choice of their representatives, by fixing improper times, places, and modes of election."
Every House of Representatives are of necessity to be the judges of the elections, returns, and qualifications of its own members. It is therefore their province, as well as duty, to see that they are fairly chosen, and are the legal members; for this purpose, it is proper they should have it in their power to provide that the times, places, and manner of election should be such as to insure free and fair elections. ”

“ The process of elimination allows these electors to re-combine with other groups until they become part of a body large enough to be so entitled. The supporters of the lowest candidate are treated as being asked (and answering, if they care to do so, by their next preferences) the question: "The candidate of your first choice having no chance of election, to whom now of the candidates still in the running do you prefer your vote to go?" ”

“ So we have demands for extended terms of office; we have opposition to the election of President and senators by popular vote; we have opposition to the selection of Federal judges other than by appointment of the President and Senate; we have, above all, opposition to direct popular voting upon questions of public policy, upon granting public franchises. ”

“ Nothing is more necessary than to prevent every danger of influence. Had the time of election been different in different states, the electors chosen in one state might have gone from state to state, and conferred with the other electors, and the election might have been thus carried on under undue influence. ”

“ Hunt for the little share of the freedom of election which they had left them, and although he got behind upon the poll every day, yet he solemnly declared that he would not resign as long as there was a man left to poll for him. ”

“ The legislature would be given free choice. As my Brother DOUGLAS' opinion shows, the Constitution attempts something quite different. It purports to give the legislature power to complete the process begun at the polls-to cast aside the vote of the electorate and award the office to the winner or the loser of the popular election, as it may see fit. ”

“ This plan, however, contemplated the creation of the impression among the progressives that the election of a Democratic legislature would result in the election of a reactionary to the senate, and his supporters had two or three men in mind to hold forth to the people as likely beneficiaries of a Democratic victory. ”

“ The members of one or both of these chambers or houses are elected, and the system of election remains so primitive and stupid as to leave a large minority, or even a majority, of the electors not even represented in the House. ”

“ Indirect election, on the contrary, effects beforehand a thorough purgation of the electoral capacities, and eliminates a certain number, solely on account of the opinions or interests which they may hold. ”

“ And the members must be elected by the method of proportional representation, and be sent up from twenty or thirty large constituencies—largely to eliminate mere local leaders—each constituency returning a dozen members or more. Only by this method of election can we kill that gag upon honest democracy, the party system, and replace the professional politician by a various gathering of typical and well-known men and women. ”

“ The American people know this—know that popular election has given them every eminent public man that they have ever had—that it is the safest and wisest mode of political election—most free from intrigue and corruption; and instead of further restricting that mode, and reducing the masses to mere electors of electors, they are, in fact, extending it, and altering constitutions to carry elections to the people, which were formerly given to the general assemblies. ”