In the early days a ballot was simply a piece of paper with the names of the candidates written or printed on it. As party organizations became more ambitious, the party printed its own ballots, and "scratching" was done by pasting gummed stickers, with the names of the substitutes printed on them, over the regular ballot, or by simply striking out a name and writing another one in its place. It was customary to print the different party tickets on different colored paper, so that the judges in charge of the ballot boxes could tell how the men voted. When later laws required all ballots to be printed on white paper and of the same size, the parties used paper of different texture. Election officials could then tell by the "feel" which ticket was voted. Finally paper of the same color and quality was enjoined by some States. But it was not until the State itself undertook to print the ballots that uniformity was secured.
In the meantime the peddling of tickets was a regular occupation on election day. Canvassers invaded homes and places of business, and even surrounded the voting place. It was the custom in many parts of the country for the voters to prepare the ballots before reaching the voting place and carry them in the vest pocket, with a margin showing. This was a sort of signal that the voter's mind had been made up and that he should be let alone, yet even with this signal showing, in hotly contested elections the voter ran a noisy gauntlet of eager solicitors, harassing him on his way to vote as cab drivers assail the traveler when he alights from the train. This free and easy method, tolerable in sparsely settled pioneer districts, failed miserably in the cities. It was necessary to pass rigorous laws against vote buying and selling, and to clear the polling-place of all partizan soliciting. Penal provisions were enacted against intimidation, violence, repeating, false swearing when challenged, ballot-box stuffing, and the more patent forms of partizan vices. In order to stop the practice of "repeating," New York early passed laws requiring voters to be duly registered. But the early laws were defective, and the rolls were easily padded. In most of the cities poll lists were made by the party workers, and the name of each voter was checked off as he voted. It was still impossible for the voter to keep secret his ballot. The buyer of votes could tell whether he got what he paid for; the employer, so disposed, could bully those dependent on him into voting as he wished, and the way was open to all manner of tricks in the printing of ballots with misleading emblems, or with certain names omitted, or with a mixture of candidates from various parties—tricks that were later forbidden by law but were none the less common.
Rather suddenly a great change came over election day. In 1888 Kentucky adopted the Australian ballot for the city of Louisville, and Massachusetts adopted it for all state and local elections. The Massachusetts statute provided that before an election each political party should certify its nominees to the Secretary of the Commonwealth. The State then printed the ballots. All the nominees of all the parties were printed on one sheet. Each office was placed in a separate column, the candidates in alphabetical order, with the names of the parties following. Blank spaces were left for those who wished to vote for others than the regular nominees. This form of ballot prevented "voting straight" with a single mark. The voter, in the seclusion of a booth at the polling-place, had to pick his party's candidates from the numerous columns.
Indiana, in 1889, adopted a similar statute but the ballot had certain modifications to suit the needs of party orthodoxy. Here the columns represented parties, not offices. Each party had a column. Each column was headed by the party name and its device, so that those who could not read could vote for the Rooster or the Eagle or the Fountain. There was a circle placed under the device, and by making his mark in this circle the voter voted straight.
Within eight years thirty-eight States and two Territories had adopted the Australian or blanket ballot in some modified form. It was but a step to the state control of the election machinery. Some state officer, usually the Secretary of State, was designated to see that the election laws were enforced. In New York a State Commissioner of Elections was appointed. The appointment of local inspectors and judges remained for a time in the hands of the parties. But soon in several States even this power was taken from them, and the trend now is towards appointing all election officers by the central authority. These officers also have complete charge of the registration of voters. In some States, like New York, registration has become a rather solemn procedure, requiring the answering of many questions and the signing of the voter's name, all under the threat of perjury if a wilful misrepresentation is made.
So passed out of the control of the party the preparation of the ballot and the use of the ballot on election day. Innumerable rules have been laid down by the State for the conduct of elections. The distribution of the ballots, their custody before election, the order of electional procedure, the counting of the ballots, the making of returns, the custody of the ballot-boxes, and all other necessary details, are regulated by law under official state supervision. The parties are allowed watchers at the polls, but these have no official standing.
If a Revolutionary Father could visit his old haunts on election day, he would be astonished at the sober decorum. In his time elections lasted three days, days filled with harangue, with drinking, betting, raillery, and occasional encounters. Even those whose memory goes back to the Civil War can contrast the ballot peddling, the soliciting, the crowded noisy polling-places, with the calm and quiet with which men deposit their ballots today. For now every ballot is numbered and no one is permitted to take a single copy from the room. Every voter must prepare his ballot in the booth. And every polling-place is an island of immunity in the sea of political excitement.
While the people were thus assuming control of the ballot, they were proceeding to gain control of their legislatures. In 1890 Massachusetts enacted one of the first anti-lobby laws. It has served as a model for many other States. It provided that the sergeant-at-arms should keep dockets in which were enrolled the names of all persons employed as counsel or agents before legislative committees. Each counsel or agent was further compelled to state the length of his engagement, the subjects or bills for which he was employed, and the name and address of his employer.
The first session after the passage of this law, many of the professional lobbyists refused to enroll, and the most notorious ones were seen no more in the State House. The regular counsel of railroads, insurance companies, and other interests signed the proper docket and appeared for their clients in open committee meetings.
The law made it the duty of the Secretary of the Commonwealth to report to the law officers of the State, for prosecution, all those who failed to comply with the act. Sixty-seven such delinquents were reported the first year. The Grand Jury refused to indict them, but the number of recalcitrants has gradually diminished.
The experience of Massachusetts is not unique. Other States passed more or less rigorous anti-lobby laws, and today, in no state Capitol, will the visitor see the disgusting sights that were usual thirty years ago—arrogant and coarse professional "agents" mingling on the floor of the legislature with members, even suggesting procedure to presiding officers, and not infrequently commandeering a majority. Such influences, where they persist, have been driven under cover.
With the decline of the professional lobbyist came the rise of the volunteer lobbyist. Important bills are now considered in formal committee hearings which are well advertised so that interested parties may be present. Publicity and information have taken the place of secrecy in legislative procedure. The gathering of expert testimony by special legislative commissions of inquiry is now a frequent practice in respect to subjects of wide social import, such as workmen's compensation, widows' pensions, and factory conditions.
A number of States have resorted to the initiative and referendum as applied to ordinary legislation. By means of this method a small percentage of the voters, from eight to ten per cent, may initiate proposals and impose upon the voters the function of legislation. South Dakota, in 1898, made constitutional provision for direct legislation. Utah followed in 1900, Oregon in 1902, Nevada in 1904, Montana in 1906, and Oklahoma in 1907. East of the Mississippi, several States have adopted a modified form of the initiative and referendum. In Oregon, where this device of direct government has been most assiduously applied, the voters in 1908 voted upon nineteen different bills and constitutional amendments; in 1910 the number increased to thirty-two; in 1912, to thirty-seven; in 1914 it fell to twenty-nine. The vote cast for these measures rarely exceeded eighty per cent of those voting at the election and frequently fell below sixty.
The electorate that attempts to rid itself of the evils of the state legislature by these heroic methods assumes a heavy responsibility. When the burden of direct legislation is added to the task of choosing from the long list of elective officers which is placed before the voter at every local and state election, it is not surprising that there should set in a reaction in favor of simplified government. The mere separation of state and local elections does not solve the problem. It somewhat minimizes the chances of partizan influence over the voter in local elections; but the voter is still confronted with the long lists of candidates for elective offices. Ballots not infrequently contain two hundred names, sometimes even three hundred or more, covering candidates of four or five parties for scores of offices. These blanket ballots are sometimes three feet long. After an election in Chicago in 1916, one of the leading dailies expressed sympathy "for the voter emerging from the polling-booth, clutching a handful of papers, one of them about half as large as a bed sheet." Probably most voters were able to express a real preference among the national candidates. It is almost equally certain that most voters were not able to express a real preference among important local administrative officials. A huge ballot, all printed over with names, supplemented by a series of smaller ballots, can never be a manageable instrument even for an electorate as intelligent as ours.
Simplification is the prophetic watchword in state government today. For cities, the City Manager and the Commission have offered salvation. A few officers only are elected and these are held strictly responsible, sometimes under the constant threat of the recall, for the entire administration. Over four hundred cities have adopted the form of government by Commission. But nothing has been done to simplify our state governments, which are surrounded by a maze of heterogeneous and undirected boards and authorities. Every time the legislature found itself confronted by a new function to be cared for, it simply created a new board. New York has a hodgepodge of over 116 such authorities; Minnesota, 75; Illinois, 100. Iowa in 1913 and Illinois and Minnesota in 1914, indeed, perfected elaborate proposals for simplifying their state governments. But these suggestions remain dormant. And the New York State Constitutional Convention in 1915 prepared a new Constitution for the State, with the same end in view, but their work was not accepted by the people. It may be said, however, that in our attempt to rid ourselves of boss rule we have swung through the arc of direct government and are now on the returning curve toward representative government, a more intensified representative government that makes evasion of responsibility and duty impossible by fixing it upon one or two men.
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