of an unfavorable decision by this tribunal, the elector may appeal within ten days to the provincial board, whose decision is final. In a report on the working of compulsory voting in Spain, prepared for this Commission by Dr. Cesar Barja, there is the following illuminating criticism: "The introduction of compulsory voting in Spain was due to the wonted negligence of the Spanish people in attending the polls, owing to two factors ignorance and baciquismo (bossism). But the condition of political life in Spain is just the same to-day as before the new electoral law went into effect. Baciquismo has not been destroyed, and no more electors vote now than before 1907. It is not too much to say that at least one-third of the people who have the right of suffrage do not vote at all. However, it is necessary to draw a distinction between the different provinces and regions which comprise the Spanish nation. In Catalonia, the Basque Provinces, Navarre, and in the large cities where the people are better educated, possibly ninety per cent of the electoral body attend the polls; but in other regions, like Andalusia, where education is not widespread, not more than half the people vote — in some provinces, indeed, only a third of them. The election of representatives for the Chamber of Deputies is more a question of appointment by the central government than of choice by the free will of the people. "I have no statistical information upon the numbers who vote nor the punishments inflicted, but in the ten years which have elapsed since the law went into effect I do not know of any case in which the punishment provided was imposed; but I do know of hundreds of cases in which electors, even whole districts, did not vote at all. Ignorance and bossism have not ceased to exist, and the Spanish people are to-day as negligent as ever in voting. If improvement has taken place within the last ten years, it is not to be attributed to the law, but to the improvement of the public and private life of the Spanish nation. The law itself has done nothing, but of course such a negative result is to be imputed not to the law, but to the people to whom the law is given.” 1 1 Cesar Barja, Compulsory Voting in Spain, a manuscript report prepared in May, 1917, on file in the Massachusetts State Library. (d) Switzerland. "Voting is obligatory on cantonal matters in the Cantons Zurich, Schaffhausen, St. Gallen, Aargau, and Thurgau. These Cantons show average votes of from 70 to 80 per cent; but the obligatory measure is not rigorously enforced. Small fines are imposed upon people failing to vote unless an adequate excuse is made. This includes illness in the family, mourning for a relative, absence, birth in the family, etc. St. Gallen goes further than its neighbors and excuses the parent and god-parent from the duty of voting if their presence is necessary at a christening. Those who have 'official business' to attend to are also excused. In Thurgau forestry officials in service and clergymen who intend to preach on election day are not required to vote unless they desire. Elections are usually held on Sundays, and sometimes the polls are open Saturday nights for a couple of hours."1 In comparing the vote on referendum measures in the two cantons of Zurich and Berne, it will be found that the proportion of electors taking part in such elections is much larger in Zurich. President Lowell ascribes this difference to the fact that in Zurich an elector who fails to vote is fined.2 (e) New Zealand. "If an elector, who is not a candidate at a general election, nor prohibited by law from voting at the election, fails to vote at such election his name is expunged from the voting list; and unless he appears and excuses the neglect to the satisfaction of the court, he loses his vote at the next election. This system was put in practice in 1893 and has been enforced ever since."3 (f) Tasmania. "SEC. 36. The Returning Officer shall, after every General Election of Members of the Assembly or Periodical Election of Members of the Council, strike out the name of every person 1 Leo J. Frankenthal, Vice-Consul to Berne, Switzerland, 1908. Senate Document 126, 61st Congress, 1st Session, cited in Donaldson, 25. Lowell, Governments and Parties in Continental Europe, II, 273. New Zealand Statutes, also Sec. 126, Electoral Act, 1893, cited in Donaldson, 25. upon the Electoral Roll in respect of any other qualification other than that of owner or occupier of property, who, not being prohibited by law from voting at such Election, has failed to vote thereat."1 It should be observed that in most of the Catholic countries of Europe the elections are held on Sundays, making it easily possible to secure a large vote without interfering with a voter's employment. It should also be noted that in no country do the elections come with such frequency as in the United States and that the burden upon the voter is nowhere so great as here. NOTE.-Since the preparation of the foregoing account the Constitutional Convention of Massachusetts submitted to the people the following amendment, and it was ratified November 5, 1918: The General Court shall have authority to provide for compulsory voting at elections, but the right of secret voting shall be preserved. 1 Electoral Act, 1901, Tasmania Statutes, cited in Donaldson, 25. BIBLIOGRAPHY. Donaldson, W. T. Compulsory Voting and Absent Voting. Columbus, 1914. Several of the statutes cited in this pamphlet have been reprinted in this Bulletin. Boyle. The Initiative and Referendum, 78 (compulsory voting in Switzerland). Frankenthal, L. J. Compulsory Voting in Switzerland, Senate Doc. 126, 61st Congress, 1st Session. Barja, Cesar. Compulsory Voting in Spain. This report is unpublished. Dupriez, Léon. L'Organisation du Suffrage en Belgique, 115-156. Ogg, F. A. The Governments of Europe, 471, 542 (compulsory voting in Austria and Belgium). Shepard, E. M. Compulsory Voting. An Address before the Brooklyn Democratic Club in 1891. Hart, A. B. "The Exercise of the Suffrage," Political Science Quarterly, VII, 307. Haynes, G. H. "Compulsory Voting," Cyclopedia of American Government, III, 631. Holls, F. W. "Compulsory Voting," Annals of the American Academy of Political and Social Science, I, 586. |