Ballot Act 1872

The '''Ballot Act 1872'''{{efn|name=st}} (35 & 36 Vict. c. 33) 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.<ref name=pnsarch>[https://archive.org/details/ballotactwithan00britgoog archive.org: "The Ballot Act, 1872, with an Introduction: Forming a Guide to the Procedure at Parliamentary and Municipal Elections", p. 97 (Fitzgerald, London, 1876)]</ref><ref>[https://www.telegraph.co.uk/news/politics/local-elections/10865271/Our-voting-system-is-flawed-but-politicians-dont-seem-to-care.html telegraph.co.uk: "Our voting system is flawed, but politicians don't seem to care" (Moore) 30 May 2014]</ref><ref>[http://www.parliament.uk/about/living-heritage/transformingsociety/electionsvoting/chartists/case-study/the-right-to-vote/the-chartists-and-birmingham/the-chartist-legacy/1872-ballot-act/ www.parliament.uk: 1872 Ballot Act] (archival record)</ref> The act abolished the traditional hustings system of nomination and election in Britain.<ref>Jon Lawrence, ''Electing Our Masters: The Hustings in British Politics from Hogarth to Blair'' (Oxford University Press, 2009), pp. 45–48.</ref>

==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.<ref>[http://www.bl.uk/learning/histcitizen/21cc/struggle/chartists1/historicalsources/source8/secretballot.html bl.uk: "Learning - Dreamers and Dissenters: The Secret Ballot"], retrieved 31 May 2014</ref><ref>[http://www.salford.gov.uk/d/ballot-secrecy-2006.pdf salford.gov.uk: "Factsheet - December 2006: Ballot secrecy"] {{Webarchive|url=https://web.archive.org/web/20120707034150/http://salford.gov.uk/d/ballot-secrecy-2006.pdf |date=7 July 2012 }}, retrieved May 2014</ref>

The Representation of the People Act 1867 (30 & 31 Vict. c. 102), 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.<ref name=first>[https://api.parliament.uk/historic-hansard/commons/1870/feb/14/leave-first-reading LEAVE. FIRST READING. House of Commons Debates, MR. LEATHAM], 14 February 1870 vol 199 cc268-84 § 268</ref><ref>[https://api.parliament.uk/historic-hansard/commons/1870/mar/16/second-reading SECOND READING. House of Commons Debate, MR. LEATHAM], 16 March 1870 vol 200 cc10-60 § 10</ref> 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, the husband of Bright's sister, to introduce the Ballot Act on leave.<ref name=first/> The events are reflected in the 1867–1868 novel ''Phineas Finn''.

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 to change from household to universal suffrage".<ref>{{cite book |last1=Kinzer |first1=Bruce L. |title=The Ballot Question in Nineteenth-Century English Politics |date=1982 |publisher=Garland |location=New York u.a |isbn=0824051572 |page=182 |url=https://archive.org/details/ballotquestionin0000kinz/page/182/mode/2up? |access-date=21 September 2025}}</ref>

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 (46 & 47 Vict. c. 51) formalised the position and is seen by many{{who|date=July 2017}} to have been the key legislation in the attempts to end electoral corruption.

The act, in combination with the Municipal Elections Act 1875 (38 & 39 Vict. c. 40)<ref>38 & 39 Vict, c.40</ref> and the Parliamentary Elections (Returning Officers) Act 1875 (38 & 39 Vict. c. 84),<ref>38 & 39 Vict, c.84</ref> is considered to have ushered in today's electoral practices.<ref name=pnsarch/>

==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.<ref>[https://www.bbc.co.uk/ahistoryoftheworld/objects/WryVwsknTr-aa4IQ-ID9iQ Pontefract's secret ballot box, 1872]</ref> Of those who voted, 16%, were illiterate, and special arrangements had to be made to record their previously-open oral votes.<ref>[https://thehistoryofparliament.wordpress.com/2013/08/15/watched-with-considerable-curiosity-the-first-secret-ballot-in-britain-15-august-1872/ ‘Watched with considerable curiosity’: The first secret ballot in Britain, 15 August 1872], by Dr Kathryn Rix</ref>

The first general election using a secret ballot was in 1874, which saw the first Conservative majority elected since 1841.

The act 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.<ref>''A Dictionary of Irish History'', D J Hickey & J E Doherty, Gill and Macmillan, Dublin, 1980, p. 24. {{ISBN|0-7171-1567-4}}</ref>

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.<ref>[https://publications.parliament.uk/pa/cm199798/cmselect/cmhaff/768/8060208.htm Evidence by Professor Robert Blackburn to the Select Committee on Home Affairs, Minutes of Evidence given on 2nd June 1998]</ref>

=== Abroad === The act inspired Belgian minister Jules Malou 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'').<ref>{{cite journal|url=https://www.persee.fr/doc/rbph_0035-0818_2003_num_81_2_4727|title="La marche des opérations électorales ". Bepalingen rond kiesverrichtingen in de Belgische kieswetgeving, 1830–1940|author=Donald Weber|journal=Revue Belge de Philologie et d'Histoire |date=2003|volume=81 |issue=2 |pages=311–342 |doi=10.3406/rbph.2003.4727 |hdl=1854/LU-1149328 |hdl-access=free }}</ref> The elections of 1878 were a victory for the Liberal Party.{{Citation needed|date=January 2021}}

== Subsequent developments == The whole act was repealed by section 175(1) of, and the ninth schedule to, the Representation of the People Act 1949 (12, 13 & 14 Geo. 6. c. 68), which came into force on 3 April 150.<ref>{{Cite legislation UK|act=Representation of the People Act 1949|type=act|year=Geo6/12-13-14|chapter=68}}</ref>

== Notes == {{Notelist}}

== References == {{Reflist}}

== Further reading == * Woodall, Robert. "The Ballot Act of 1872" ''History Today'' (July 1974), Vol. 24 Issue 7, pp 464–471 online.

== External links == * {{UK-LEG|asmade=yes}}

Category:United Kingdom Acts of Parliament 1872 Category:Repealed United Kingdom Acts of Parliament Category:Election legislation in the United Kingdom