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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 partiestricks 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 agoarrogant 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 spec