[EM] Uncontested elections

[PROUT - Progressive Utilisation]

Hi

Can uncontested elections, eg 3 candidates for 3 positions, be considered
real elections.  What is the theory. Are they valid.

It appears that an uncontested election can still be a valid election.  On a
quick look around there are numerous instances of this and it is the norm.
Here are a few examples.

The electoral laws of India seem to say, under 'Unopposed returns' - 1. If
in any constituency there is or remains only one contesting candidate after
the last hour fixed for withdrawal of candidatures is over, declare that
candidate to have been duly elected immediately after the last hour for
withdrawal of candidatures. In that event, a poll is not necessary.

Many local govt laws allow the returning officer to issue an uncontested
election notice proclaiming something simply like the Returning Officer at
the above election reports that the persons whose names appear below were
duly elected ... Councillors for ... 

Laws regarding associations have statutory rules like:

"Nothing in this Chapter shall be taken to require a ballot to be held at an
uncontested election." And then go on to state the election of candidates in
such cases is to be notified in such and such a way.

Namibia's constitution seems to allow candidates to be elected uncontested.


Seems the European Parliamentary Elections Regulations allow for some
similar procedure, but I haven't been able to locate the original docs, just
a citation to uncontested election for the EP.

Some instances may still required a poll where number of candidates does not
exceed number of positions, but others clearly do not require any such poll
and still treat the results as a valid election.

I believe the leading legal text on this (includes both common law rules and
a commentary on statutory enactments) is 'Simeon on Elections' (hard to get
though).

I think there is a case called Pritchard v. Mayor, &c., of Bangor 13 App.
Cas. 241. in the House of Lords (I haven't located it yet, only have a rough
extract) but it might say something like a lord mayor not having power to
entertain an objection against a person who was the sole candidate and the
returning officer was bound to declare the respondent elected as upon an
uncontested nomination.  House of Lords cases are always well reasoned.