consent of candidate a conspicuous place outside the building in which the room appointed for the election is situate.' All objections to nomination papers, whether made by the Returning Officer himself or some other person, must be made before the expiration of the two hours appointed for the election, or within one hour afterwards; but objections on the ground of insufficiency of description, or of the description not being in compliance with rule 6 of the Ballot Act, must be made at or immediately after the time of the delivery of the nomination paper, and if not made then, shall not be allowed or deemed valid. Every candidate whose nomination paper has been delivered to the Returning Officer during the two hours appointed, and is not objected to before the expiration of one hour after those two hours, shall be deemed to have been nominated in manner provided by the Act, and, in the event of a poll, shall be entitled to have his name inserted in the ballot papers.* Objections to nominations, of whatever nature, are to be decided by the Returning Officer, and if he disallows the objection, his decision shall be final; if, however, he allows an objection, and in consequence rejects the nomination of a candidate, his decision shall be subject to reversal on petition questioning the election or return.5 6 Presence or A nomination does not require for its validity the presence, or even the consent, of the candidates, but, as we have already seen, any person who proposes a candidate without his consent, will be personally liable for the expenses of a poll. not neces sary. 1 Ballot Act, rule 11, App. civ. 2 Id. rule 12, App. civ. 4 Id. rule 12, App. civ. 5 Id. rule 13, App. civ. 7 As to England, 2 Will. IV. c. 45, s. 71, App. xxi.; as to Scotland, 2 & 3 Will. IV. c. 65, s. 40, App. xxvii.; and as to Ireland, 13 & 14 Vict. c. 68, s. 19, App. xlii. CHAP. IV. of nomina A candidate may, during the two hours appointed for the election, but not afterwards, with- Withdrawal draw from his candidature by giving notice to tion. that effect, signed by him, to the Returning Officer; and if a candidate has been nominated in his absence out of the United Kingdom, his proposer may withdraw his nomination by a written notice signed by him and delivered to the Returning Officer, together with a written declaration of the absence of the candidate.1 when no If no more candidates are nominated than there Election are vacancies to be filled, the Returning Officer, at contest: the expiration of one hour after the two hours appointed for the election, is forthwith to declare the candidates who stand nominated to be elected,1 to give public notice of their names, in the manner prescribed by the Ballot Act, and to return their names to the Clerk of the Crown in Chancery. But if more candidates stand nominated than there are vacancies to be filled, the Returning Officer, at the expiration of the hour, is to adjourn the election for the purpose of taking a poll.* be given if As soon as practicable after this adjournment, Notices to the Returning Officer must give the following election is public notices, viz.: 5 (1) Notice of the day on which the poll will be taken.6 (2) Notice of the names of the candidates, described as in their respective nomination papers, and of the names of persons who subscribed the nomination paper of each candidate. 1 Ballot Act, s. 1, App. lxxxiii. 2 Id. rule 46, App. cxi. 3 Or in Ireland to the Clerk of the Crown and Hanaper. See Ballot Act, rule 62, App. cxiii. 4 Ballot Act, s. 1, App. lxxxiii. 5 Id. rule 9, App. ciii. 6 The returning officer will have already given notice of a day for taking the poll on (ante, p. 20) and it is presumed that he is not at liberty in this second notice to name any day other than that which he previously named. contested. CHAP. IV. Publication of notices. Death of candidate after nomination and before poll. (3) Notice of the order in which the names of the candidates will be printed in the ballot papers. In the case of a borough election, these notices will be published in manner prescribed for publishing all notices required to be given under the Ballot Act; but in the case of a county election the Returning Officer, in addition to publishing them in the above mentioned way, must deliver to the Post-Master of the principal post-office of the town in which the place of election is situate, a paper, signed by himself, containing the names of the candidates nominated, and stating the day on which the poll will be held. This information the Post-Master must forward by telegraph, free of charge, to the several postal telegraph offices situate in the county for which the election is to be held, to be published forthwith at each such office in the manner in which post-office notices are usually published.2 If after the adjournment of the election for the purpose of taking a poll, and before the commencement of the poll, but not afterwards, any of the candidates who have been nominated die, the Returning Officer must countermand notice of the poll, and all the proceedings in reference to the election must then be commenced afresh in all respects as if the writ had been received by the Returning Officer on the day on which proof was given him of such death. No fresh nomination however will be necessary in the case of any candidate who stood nominated at the time of the countermand of the poll.* In every election in the United Kingdom the Returning Officer must on the adjournment of 1 Ante, p. 20. Ballot Act, rule 46, App. cxi. 2 Ballot Act, rule 9, App. ciii. 3 It may be remarked that there is no statutory provision as to what is to be done if a candidate dies before the adjournment. 4 Ballot Act, s. 1, App. lxxxiii. the election, for the purpose of taking a poll, at CHAP. IV. once make preparations for a contest, if these have not already been made.1 Such are all the forms which have necessarily to be observed on the day of nomination, and after the adjournment for the purpose of taking the poll. There is, however, one other proceeding which takes place before taking the poll, which must be noticed here, and that is the appointment of agents by the candidates for certain special purposes. 4 agents by It is usual for candidates to appoint agents for Appointthree different purposes, (1) for expenses of the ment of election; (2) to detect personation; (3) for candidates. counting the votes. For the last two purposes it is not compulsory to appoint agents, and it is competent for candidates themselves to undertake the duties which an agent if appointed would have performed, or to assist his agent in the performance of such duties, and to be present at any place at which his agent may, in pursuance of the Ballot Act, attend.5 But for the first purpose the Act is imperative; it provides that no payments, except in respect of the personal expenses of a candidate, and no advance, loan, or deposit, shall be made by, or on behalf of, any candidate at an election, before, or during, or after such election, otherwise than through an agent or agents whose names and addresses have been declared in writing to the Returning Officer on or before the day of nomination, and any person who makes any See as to such preparations, ante, p. 22. See also Home Office Abstract, par. 18, App. cxl. 2 26 Vict. c. 29, s. 2, App. lxv. 36 Vict. c. 18, s. 85, App. xxxiv. as to England, and 13 & 14 Vict. c. 69, s. 92, App. xliv. as to Ireland. There was no enactment for Scotland, prior to the Ballot Act, as to personation, but rule 59 of the Ballot Act authorises candidates to appoint agents to attend at the polling stations. agents will be of use for the purpose of detecting personation;" Lord Advocate's Abstract, par. 31, App. cxliii. note. 4 Ballot Act, rule 31, App. cvii. 5 Id. rule 51, App. cxi. "These For election expenses. CHAP. IV. such payment, advance, loan, or deposit, otherwise than through such agents, shall be guilty of a misdemeanour. All agents, therefore, for election expenses must be appointed, and their names and addresses declared in writing to the Returning Officer, and must be published by him on or before the day of nomination.1 An agent to detect personation may be appointed at any time previous to the time fixed for taking the poll; and when appointed notice in writing must (in English and Irish elections) be given to the Returning Officer, or his deputy, of his name and address." To detect personation. These 4 agents are also entitled to be present at the voting of illiterate or incapable voters.3 They are to make the statutory declaration of secrecy, and are expressly prohibited from interfering with the voters or applicants for ballot papers, from attempting to look at the ballot papers, or obtain information as to how any vote is given, and from communicating to any person any information they may have obtained about any vote, or the number of any ballot paper. It will be the duty of the presiding officers to see that the agents conform to the directions of the Ballot Act, and to remove The name To attend at them if they misconduct themselves." counting votes. or address of any agent appointed to attend the counting of the votes must be transmitted to the Returning Officer one clear day at the least before the opening of the poll, and the Returning Officer may refuse to admit an agent to see the votes 126 Vict. c. 29, s. 2, App. lxv. 26 Vict. c. 18, s. 85, App. xxxiv. as to England, and 13 & 14 Vict. c. 69, s. 92, App. xliv. as to Ireland, but there is no such provision as to Scotland, nevertheless it is to be presumed that the presiding officer is entitled to require reasonable evidence that a person professing to be an agent is really so. 3 Ballot Act, rule 26, App. cvi. 4 Ib. rule 54, App. cxii. 5 Ib. s. 4, App. lxxxv. 6 lb. s. 9, App. lxxxviii. and Home Office Abstract, par. 31, App. cxliii. |