[EM] Uncontested elections

[Dave Ketchum]

They cetainly CAN be both reasonable and valid.

Obvious case is reelection of someone who has performed the task well. 
A 
candidate whose biography promises ability also fits.

Then there is the case of nominations failing to provide expected 
competition, including there being a desire for the mechanics of
election 
to permit writeins.

New York State provides for voters petitioning, after the nomination
period, to hold the election so that those desiring to can do writeins,
even though there would be no requirement due to the nominations.

DWK

On Fri, 30 Dec 2005 00:07:07 +1100 PROUT - Progressive Utilisation
wrote:

> 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.  
-- 
  davek at clarityconnect.com    people.clarityconnect.com/webpages3/davek
  Dave Ketchum   108 Halstead Ave, Owego, NY  13827-1708   607-687-5026
            Do to no one what you would not want done to you.
                  If you want peace, work for justice.




	
		
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