NCJ Number
66543
Date Published
1928
Length
325 pages
Annotation
CORRUPT-PRACTICES LEGISLATION ENACTED BY THE FEDERAL AND STATE GOVERNMENTS THROUGH 1927 IS SURVEYED, AND JUDICIAL INTERPRETATIONS OF THESE STATUTES ARE CONSIDERED.
Abstract
A SYNOPSIS IS GIVEN OF STATE LAWS DEALING WITH BRIBERY, INTIMIDATION, AND FRAUD, AND THE MANNER IN WHICH THESE STATUTES HAVE BEEN CONSTRUED BY THE COURTS IS INDICATED. STATE REGULATION OF POLITICAL ADVERTISING IS THEN CONSIDERED, FOLLOWED BY A DISCUSSION OF THE LATER, MORE DETAILED STATE LEGISLATION REQUIRING PUBLICITY FOR CAMPAIGN CONTRIBUTIONS AND EXPENDITURES, PROHIBITING OR RESTRICTING CERTAIN TYPES OF CONTRIBUTIONS, AND REGULATING EXPENDITURES IN CAMPAIGNS. REASONS FOR THIS LEGISLATION ARE INDICATED. REGULATION OF ELECTIONS BY THE FEDERAL GOVERNMENT IS THEN REVIEWED. THE DIVISION OF POWER BETWEEN THE FEDERAL AND STATE GOVERNMENTS OVER ELECTION CONTROL IS FORMULATED FROM FEDERAL COURT DECISIONS, AND AN HISTORICAL SURVEY IS PRESENTED OF FEDERAL CORRUPT-PRACTICES LEGISLATION. FINALLY, CONCLUSIONS ARE DRAWN ABOUT THE ATTEMPTS TO PREVENT ELECTION ABUSES AND SUGGESTIONS ARE OFFERED FOR FURTHER LEGISLATION. IT IS RECOMMENDED THAT ALL LAWS (AS OF 1927) BE STRENGTHENED BY MAKING POLITICAL CANDIDATES RESPONSIBLE FOR ANY UNLAWFUL USE OF FUNDS ON THEIR BEHALF. PENALTIES SHOULD INCLUDE NOT ONLY FINE AND IMPRISONMENT FOR THOSE COMMITTING THE OFFENSE, BUT DISQUALIFICATION FOR THE CANDIDATE. ULTIMATELY, HOWEVER, FURTHER ELIMINATION OF CORRUPTION IN POLITICS WILL DEPEND UPON AN ENLIGHTENED ELECTORATE AND GREATER PARTICIPATION BY CITIZENS IN GOVERNMENT INTERESTS. THE APPENDIX PROVIDES TABLES ON STATE LAWS DEALING WITH THE CORRUPT PRACTICES DISCUSSED IN THE TEXT. (AUTHOR ABSTRACT MODIFIED--RCB)