Ballot Act Of 1872
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The Ballot Act 1872 was an Act of the Parliament of the United Kingdom that introduced the requirement for parliamentary and local government elections in the United Kingdom to be held by
secret ballot The secret ballot, also known as the Australian ballot, is a voting method in which a voter's identity in an election or a referendum is anonymous. This forestalls attempts to influence the voter by intimidation, blackmailing, and potential vote ...
.archive.org: "The Ballot Act, 1872, with an Introduction: Forming a Guide to the Procedure at Parliamentary and Municipal Elections", p97 (Fitzgerald, London, 1876)
/ref> The act abolished the traditional hustings system of nomination and election in Britain.


Background

Employers and landowners had been able to use their sway over employees and tenants to influence the vote, either by being present themselves or by sending representatives to check on the votes as they were being cast. Small retailers were also concerned not to upset their bigger customers by voting differently from them. Radicals, such as the Chartists, had long campaigned for the system to end by the introduction of a secret ballot. The
Representation of the People Act 1867 The Representation of the People Act 1867, 30 & 31 Vict. c. 102 (known as the Reform Act 1867 or the Second Reform Act) was a piece of British legislation that enfranchised part of the urban male working class in England and Wales for the first ...
, or Second Reform Act, enfranchised the skilled working class in borough constituencies, and it was felt that their economic circumstances would cause such voters to be particularly susceptible to bribery, intimidation or blackmail.LEAVE. FIRST READING. House of Commons Debates, MR. LEATHAM
14 February 1870 vol 199 cc268-84 § 268
The radical John Bright expressed concerns that tenants would face the threat of eviction if they voted against the wishes of their landlord. It fell to
Edward Aldam Leatham Edward Adam Leatham (2 August 1828 – 6 February 1900) was an English Liberal Member of Parliament. Background and early life Leatham was the son of William Leatham of Heath near Wakefield, by his wife Margaret Walker, daughter and heiress of ...
, the husband of Bright's sister, to introduce the Ballot Act on leave. Many in the Establishment had opposed the introduction of a secret ballot. They felt that pressure from patrons on tenants was legitimate and that a secret ballot was simply unmanly and cowardly. Lord Russell voiced his opposition to the creation of a culture of secrecy in elections, which he believed should be public affairs. He saw it as 'an obvious prelude from household to universal suffrage'. Election spending at the time was unlimited, and many voters would take bribes from both sides. While the secret ballot might have had some effect in reducing corruption in British politics, the Corrupt and Illegal Practices Prevention Act 1883 formalised the position and is seen by many to have been the key legislation in the attempts to end electoral corruption. The Ballot Act, in combination with the
Municipal Elections Act 1875 A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the go ...
and the
Parliamentary Elections (Returning Officers) Act 1875 A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of the ...
, is considered to have ushered in today's electoral practices.


Effects

The secret ballot mandated by the Act was first used on 15 August 1872 to re-elect Hugh Childers as MP for Pontefract in a ministerial by-election, following his appointment as Chancellor of the Duchy of Lancaster. The original ballot box, sealed in wax with a liquorice stamp, is held at
Pontefract museum Pontefract Museum is a local museum in Pontefract, West Yorkshire, England. The collections cover archaeology, archives, decorative and applied art, fine art, photographs and social history. History The museum is located in an Art Nouveau buil ...
. Of those who voted, 16%, were illiterate, and special arrangements had to be made to record their previously-open oral votes. The first general election using a secret ballot was in
1874 Events January–March * January 1 – New York City annexes The Bronx. * January 2 – Ignacio María González becomes head of state of the Dominican Republic for the first time. * January 3 – Third Carlist War &ndas ...
, which saw the first Conservative majority elected since 1841. The Ballot Act 1872 was of particular importance in Ireland, as it enabled tenants to vote against the landlord class in parliamentary elections. The principal result of the Act was seen in the general election of 1880, which marked the end of a landlord interest in both Ireland and Great Britain. Although the ballot in the UK is routinely characterized as "secret" the fact that ballot papers are numbered, and that the voter's electoral roll identifier is written on its identically numbered counterfoil by the officer issuing the ballot to the voter at the voting station, means that in principle the identity of a voter can be linked to the ballot they cast.


Abroad

The Act inspired Belgian minister
Jules Malou Jules Edouard Xavier Malou (19 October 1810 – July 1886) was a Belgian statesman, a leader of the clerical party. Career Malou was born at Ypres. He was a civil servant in the department of justice when he was elected to the Chamber of Deput ...
to implement a similar system in Belgium, which he did with the act of 9 July 1877 (''la loi du 9 juillet 1877 sur le secret du vote et les fraudes électorales''). The elections of 1878 were a victory for the Liberal Party.


See also

*
Postal voting Postal voting is voting in an election where ballot papers are distributed to electors (and typically returned) by Mail, post, in contrast to electors voting in person at a polling place, polling station or electronically via an electronic voti ...
* Representation of the People Act


References


Further reading

* Woodall, Robert. "The Ballot Act of 1872" ''History Today'' (July 1974), Vol. 24 Issue 7, pp 464–471 online. {{UK legislation United Kingdom Acts of Parliament 1872 Election law in the United Kingdom Election legislation