New-York tribune., 1901-08-19
CUBAN ELECTORAL LAW.
PROVISIONS OF THE ACT PRELIMINARI-
LY ADOPTED FOR THE ESTABLISH
MENT OF A REPUBLIC.
Havana, August 8.

risional electoral law drafted by Delegates
Tamayo. ouesada, Fernandez de Castro. Mon
teagudo and Morrua Delgado for the esta blisb
ment Of the Cuban republican government the
constitutional Convention sought both to pre-
serye the idea Of democratic government and to
safeguard the material interests Of the island
and its people. Free and equal suffrage has
been provided for all, in accordance with the
provisions Of the constitution in that behalf
Educational and property qualifications have
been provided for candidates for offices con-
nected with the administration of the public
funds. These principles were adopted and in
,or2orated in the electoral law because there
was no restriction of suffrage. so to speak, in
the work Of the revolution, and because educa-
tional and property qualifications for candidates
for public Office were deemed means of insur-
ing solid progress. In the opinion of the con-
Yention the conditions and qualifications for
Office provided for in the new law will be suf-
hcient for the establishment of good social
organization
The convention has placed in the hands of the
people the whole electoral machinery 1t did
this because II considered il necessary that the
people should demonstrate their capacity for
sef-gOvernment. The people OF Cuba under
the new electoral law will have every oppor-
tunty to exercise their intelligence and discern
ment in this respect. Universal suffrage will
serve for the establishment of the first Cuban
government The only limitations now con-
sidered indispensably necessary are those de-
fning the eligibility of candidates for Office
All Cubans twenty-one years old on election
Cay may vote for Provincial Councillors Coy
ernors, Representatives, Senators and the Presi-
dent. But they must be registered in the voting
register in the proper municipalities Persons
who have been finally adjudged by competent
court to be incaDacitated TO exercise political
pardoned thirty days before election day. Per
sons sentenced TO prison for crime may not
vote. unless they have been restored TO their
rights a year before election day. individuals
belonging to the army and navy in active ser
vice are excepted from voting, provided by
The constitution. Persons mentally incapaci-
tated those who supported by charitable
Institutions and some others are also rendered
unable 10 cast their ballots by this new electoral
law
These provisions are not new in the present
electoral law, are they wholly unknown in
the United States The provision as TO universal
suffrage was put in the constitution in Febru-
ary last, when the document was signed. Per
sons who had been familiar with the progress
OF events in Cuba thought, 4 matter of
course, that both the constitution and the cleo
toral law would contain such a guarantee and
We're not surprised. When Cuba was calling for
mer and arms TO go the field. no restrictions
or qualifications were eXacted. The men who
fought fer Cuban freedom from Spanish tyranny
were not exclusively business men, or mer-
chants property owners. But they were Gu
bans who loved freedom and their country, and
knew how to fight for it. The exception as TO
individuals belonging to the army and navy was
put in the electoral law in accordance with the
same provision in the constitution. This pro-
vision is novel. but is perhaps not Of vital i'm
portance.
Wherever candidate presents himself for Of
flee connected with the management Of the
public revenue, he must be financially and edu-
cationally qualified TO fill the Office. First. he
must be voter; then he must know how to
read and write. These general qualifications
must be possessed by all who aspire to public
office. But there are other conditions precedent
10 nomination and election.
If the candidate is running for Governor of
province or Provincial Councillor. he must be:
A CUBAN by birth or naturaliZed, with eight
years residence in the republic counting from
the time Of naturalization: must be thirty years
old with two years residence in the nroyinca
and must be the head Of a family or a property
holder or have paid taxes in the province year
before election, or have 2 profession, have
filed other public office by popular election.
II the candidate is running for Congress as
q Representative, he must be 2 Cuban by birth
oI Nalufallzed, with elght years residence in
the republic counting from naturaliza tion and
be twenty-five years old
Half the candidates for Senatorial electors
must be voters twenty-five years old know how
70 read and write with two years residence
In the province, and must be large taxpayers
on landed property. The other half must be
twenty-five years Of age, with two years resi-
dence In the province, and have a profession
or have filed other public Office by popular cleo
ton
For Presidential Elector the candidate must
be Cuban by birth. naturalized. with eight
years residence, as in other cases; thirty years
ole and a two year resident Of the province.
The candidate for Senator must have been
born in Cuba and be at least thirty-five years
old Naturalized citizens are not eligible for the
Office OF Senator
The provision of the electoral law as 10 the
qualifications which a candidate for the Presi-
dency must possess is copied from the constitu-
uon without addition. The candidate must be a
Cuban by birth naturalization, in which case
he must have served Cuba with arms at least
ten years in her for independence and he
must be forty years old or more When this
clause was originally drawn in this manner II
was for the purpose Of making Maxine Gomez
eligible for the Presidency Since that time
General Gomez has many times publicly stated
that he would not be q candidate for that Of
nee; and. so far the old chief is concerned.
tns clause has only an historical interest
The qualifications and requirements demanded
Of candidates for the Vice Presidency are the
same as those for the Presidency.
such are the requirements eXacted Of all can
dldates for public Office There are besides.
tain incapacities and incompatibilities. The ex-
ercise Of any elective public Office is made in
compatible with filling any other office under the
republic. and also with any employment paid
tor out Of the public revenues If such candi
oates should be elected they could not qualify
or take the office without first resigning the
olo- Officers Of companies and corporations
having contracts with the State, province or
municipality under which payment is to be
made out OF public funds must also resign be-
tore they can fll public office. Persons elected
Who refuse TO take the oath of office cannot
assume OF discharge its duties.
IN one important respect the new electoral
law contains modification in the method Of
voting. IL adopts the system which has been in
use in England since 1872 for municipal and
parliamentary elections originally suggested by
William Edward Foster. a respectable states
nF sha -1gga.