Electioneering

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. The National Congress has not as yet taken control of elections in that case over which the Constitution gives it jurisdiction, but has accepted and adopted the election laws of the several States, provided penalties for their violation and a method of supervision. ”

“ But if I am wrong thus far-if the word 'elections' in article I, section 4, of the Constitution must be narrowly confined to the single and definitive step described as an election at the time that instrument was adopted-nevertheless it seems to me too clear for discussion that primary elections and nominating conventions are so closely related to the final election, and their proper regulation so essential to effective regulation of the latter, so vital to representative government, that power to regulate them is within the general authority of Congress. ”

“ 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. ”

“ Again, representative institutions are of little value, and may be a mere instrument of tyranny or intrigue, when the generality of electors are not sufficiently interested in their own government to give their vote, or, if they vote at all, do not bestow their suffrages on public grounds, but sell them for money, or vote at the beck of some one who has control over them, or whom for private reasons they desire to propitiate. Popular election thus practiced, instead of a security against misgovernment, is but an additional wheel in its machinery. ”

“ And as part of the effort in Congress to enact campaign finance reform, some have suggested also taking a look at election reform. In and of itself, our nation needs to take a look at its election laws, and the President's opinions. There are important lessons to be learned from the 2000 presidential election, including access to the polls, including the question of military people and having the right to vote, including the effect of different projections of the vote before polling places were closed and whether or not that affected turnout. ”

“ 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. ”

“ 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. ”

“ What can be more defective than the clause concerning the elections? The control given to Congress over the time, place, and manner of holding elections, will totally destroy the end of suffrage. The elections may be held at one place, and the most inconvenient in the state; or they may be at remote distances from those who have a right of suffrage: hence nine out of ten must either not vote at all, or vote for strangers; for the most influential characters will be applied to, to know who are the most proper to be chosen. ”

“ But each state shall have at least one representative. The electors will reside, widely dispersed, over an extensive country. Cabal and corruption will be as impracticable, as, on such occasions, human institutions, can render them. The will of freemen, thus circumstanced, will give the fiat. The purity of election thus obtained, will amply compensate for the supposed defect of representation; and the members, thus chosen, will be most apt to harmonize in their proceedings, with the general interests, feelings, and sentiments of the people. ”

“ When a simple plurality effects an election, 1,000 votes may be so divided upon three candidates as to elect one by 334 votes; or of four candidates, one may be elected by 251 votes, and against the wishes of nearly three-fourths of the electors. An objection to the other mode is, that if no person receives a majority of all the votes, another election must be held. Numerous trials have, in some instances, been necessary to effect a choice; and the people of a district have remained for a time without a representative in the state or national legislature. ”

“ And this is so much the natural working of election by two stages, that, except in a condition of complete political indifference, it can scarcely be expected to act otherwise. It is in this way that the election of the President of the United States practically operates. Nominally, the election is indirect; the population at large does not vote for the President; it votes for electors who choose the President. But the electors are always chosen under an express engagement to vote for a particular candidate; nor does a citizen ever vote for an elector because of any preference for the man ”

“ 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. ”

“ That if the opinion of the non-electors is likely to make the elector vote more honestly, or more beneficially, than he would vote if left to himself, they are more fit to be electors than he is, and ought to have the franchise. That whoever is fit to influence electors, is fit to be an elector. That those to whom voters ought to be responsible, should be themselves voters; and, being such, should have the safeguard of the ballot, to shield them from the undue influence of powerful individuals or classes to whom they ought not to be responsible. ”

“ 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. ”

“ 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 ”

“ Experience has shown that the load of responsibility placed upon the voters by these new measures was sometimes more than they were willing to bear. The scanty primary votes, and the inattention to some of the referendum and initiative questions put on the ballots, were seized upon as showing that the voter was interested only in men. On the other hand, the ballots of most cities, towns and states were loaded down with long lists of officers to be chosen at each election, so that the “vote for men” was in many cases a vote in the dark. ”

“ 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. ”

“ 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. ”

“ That the result of Presidential elections may depend upon a very small number of electoral votes, these votes to come from States in a disturbed and abnormal condition; and
2. That the Constitutional method of counting the electoral vote, of deciding questions of legality connected with them and of determining the final result, has become a matter of dispute between interested parties. No doubt all patriotic citizens desire only to have the offices of President and Vice-President awarded to those who have been rightfully elected to them, no matter to what political party they may belong. ”

“ We cannot regard it as any the less the constitutional purpose, or its words as any the less guarantying the integrity of that choice, when a state, exercising its privilege in the absence of Congressional action, changes the mode of choice from a single step, a general election, to two, of which the first is the choice at a primary of those candidates from whom, as a second step, the representative in Congress is to be chosen at the election. ”

“ I should be opposed to the intervention of electors, because the double process of electing a man to elect a man, would paralyze the spirit of the people, and destroy the life of the election itself. Doubtless this machinery was introduced into our constitution for the purpose of softening the action of the democratic element; but it also softens the interest of the people in the result of the election itself. ”

“ It need hardly be said, in this company, that an election among us is a far more exciting occasion than among our less-favored American neighbors, who ignore the superior advantages of voting viva voce, and adopt the less manly and unobtrusive medium of the ballot. ”

“ More intriguing, bargaining, and bribery in a hundred forms, more or less subtle, to secure election and appointment to positions within the gift of the legislature. Little or no heed is given to the primary question of capacity and public interests. Political considerations—that is, ability to help or to harm some one—control all elections and appointments. What is the next thing done? It is the preparation, introduction, discussion, and passage of the measures thought to be essential to the preservation of civilization. ”

“ 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. ”