Electoral Act 1856

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Electoral Act 1856
Victorian Legislative Council
  • An Act to provide for the Election of Members to serve in the Legislative Council and Legislative Assembly of Victoria respectively.
Citation 19 Vic. No. 12
Territorial extent Victoria
Enacted by Legislative Council
Passed13 March 1856 [1]
Royal assent 19 March 1856 [1]
Effective 26 March 1856 [1]
Repealed10 July 1890 [2]
Legislative history
Bill titleVictoria Electoral Bill [1]
Bill published on27 November 1855 [1]
Introduced by William Stawell [1]
First reading 28 November 1855 [1]
Second reading 9 January 1856 [1]
Third reading 13 March 1856 [1]
Repealed by
The Constitution Act Amendment Act 1890 (54 Vict. No. 1075) [2]
Status: Repealed

The Electoral Act 1856 [3] was an Act of the Victorian Legislative Council which provided for the election of members of the first Parliament of Victoria later that year. Besides providing for the division of the colony into provinces and districts for the election of members of Parliament, for the creation of an electoral roll and for other matters, the Act also introduced voting by secret ballot in the colony of Victoria. It provided for a government–supplied ballot paper containing each candidates' names. [4] The elector was required to cross out the name of those candidates he (and it was only he) did not wish to vote for, fold the ballot paper in a way that the vote could not be seen and place the ballot paper in a ballot box in view of the polling officers. [4]

The Act was passed by a one-vote majority in the outgoing Legislative Council on 13 March 1856, and received assent from the Governor of Victoria on 19 March of the same year, [5] in time for the election of the new Parliament of Victoria later that year. The innovation of the secret ballot was pioneered in Victoria by the former mayor of Melbourne, William Nicholson. [6]

Victoria was the fourth jurisdiction in the world to enacted a law for a secret ballot. France adopted a secret ballot law in 1795. The movement for a secret ballot in South Australia was led by pioneer and advocate South Australian Electoral Commissioner William Boothby. [7] Tasmania adopted a secret ballot law on 7 February 1856. South Australia enacted a similar law two weeks after the Victorian law, on 2 April 1856. The South Australian system in 1858 required an elector to place an X against the name of his preferred candidate instead of crossing out unwanted names and for the ballot paper to show 'no other matter or thing' apart from the names of candidates and on the back the returning officer's initials. [7] The other Australian colonies followed the SA example: New South Wales (1858), Queensland (1859), and Western Australia (1877). New Zealand implemented secret voting in 1870.

When the secret ballot was adopted in the United States, it was called 'the Australian ballot'.

Related Research Articles

The Australian electoral system comprises the laws and processes used for the election of members of the Australian Parliament and is governed primarily by the Commonwealth Electoral Act 1918. The system presently has a number of distinctive features including compulsory enrolment; compulsory voting; majority-preferential instant-runoff voting in single-member seats to elect the lower house, the House of Representatives; and the use of the single transferable vote proportional representation system to elect the upper house, the Senate.

Electoral systems of the Australian states and territories are broadly similar to the electoral system used in federal elections in Australia.

<span class="mw-page-title-main">Secret ballot</span> Anonymous voting method

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 buying. This system is one means of achieving the goal of political privacy.

<span class="mw-page-title-main">Victorian Legislative Assembly</span> Lower house of the Parliament of Victoria, Australia

The Victorian Legislative Assembly is the lower house of the bicameral Parliament of Victoria in Australia; the upper house being the Victorian Legislative Council. Both houses sit at Parliament House in Spring Street, Melbourne.

<span class="mw-page-title-main">New South Wales Legislative Council</span> Upper house of the Parliament of New South Wales

The New South Wales Legislative Council, often referred to as the upper house, is one of the two chambers of the parliament of the Australian state of New South Wales. The other is the Legislative Assembly. Both sit at Parliament House in the state capital, Sydney. It is normal for legislation to be first deliberated on and passed by the Legislative Assembly before being considered by the Legislative Council, which acts in the main as a house of review.

<span class="mw-page-title-main">Victorian Legislative Council</span> Upper house of Parliament of Victoria, Australia

The Victorian Legislative Council (VLC) is the upper house of the bicameral Parliament of Victoria, Australia, the lower house being the Legislative Assembly. Both houses sit at Parliament House in Spring Street, Melbourne. The Legislative Council serves as a house of review, in a similar fashion to its federal counterpart, the Australian Senate. Although, it is possible for legislation to be first introduced in the Council, most bills receive their first hearing in the Legislative Assembly.

<span class="mw-page-title-main">Parliament of Tasmania</span> Bicameral parliament in Tasmania

The Parliament of Tasmania is the bicameral legislature of the Australian state of Tasmania. It follows a Westminster-derived parliamentary system and consists of the Governor of Tasmania, the Tasmanian House of Assembly, and Tasmanian Legislative Council. Since 1841, both Houses have met in Parliament House, Hobart. The Parliament of Tasmania first met in 1856.

<span class="mw-page-title-main">Parliament of South Australia</span> Bicameral legislature of the Australian state of South Australia

The Parliament of South Australia is the bicameral legislature of the Australian state of South Australia. It consists of the 47-seat House of Assembly and the 22-seat Legislative Council. General elections are held every 4 years, with all of the lower house and half of the upper house filled at each election. It follows a Westminster system of parliamentary government with the executive branch required to both sit in parliament and hold the confidence of the House of Assembly. The parliament is based at Parliament House on North Terrace in the state capital of Adelaide.

<span class="mw-page-title-main">Donkey vote</span> Type of cast ballot in ranked voting in which candidates are ranked in order of appearance

In electoral systems which use ranked voting, a donkey vote is a cast ballot where the voter ranks the candidates based on the order they appear on the ballot itself. The voter that votes in this manner is referred to as a donkey voter.

A group voting ticket (GVT) is a shortcut for voters in a preferential voting system, where a voter can mark support for a party slate instead of marking preferences for individual candidates. For multi-member electoral divisions with single transferable voting, a group or party registers a GVT before an election with the electoral commission. When a voter selects a group or party "above the line" on a ballot paper, their vote is distributed according to the registered GVT for that group.

<span class="mw-page-title-main">1901 Australian federal election</span> Election for the 1st Parliament of Australia

The 1901 Australian federal election for the inaugural Parliament of Australia was held in Australia on Friday 29 March and Saturday 30 March 1901. The elections followed Federation and the establishment of the Commonwealth of Australia on 1 January 1901. All 75 seats in the Australian House of Representatives, six of which were uncontested, as well as all 36 seats in the Australian Senate, were up for election.

The following lists events that happened during 1856 in Australia.

A Langer vote was a style of voting in the Australian electoral system designed to avoid the requirement to express preferences for all candidates without the vote being rejected as informal. The title is a tribute to Albert Langer, an Australian political activist, who advocated for the use of this style as a de facto method of optional preferential voting for making a valid vote for the voter's preferred candidates while the deliberate "error" avoided the vote being counted for one of the major political parties.

<span class="mw-page-title-main">Electoral district of Colac</span>

The Electoral district of Colac was an electoral district of the Victorian Legislative Assembly, one of the inaugural districts of the first Assembly in 1856.

<span class="mw-page-title-main">William Boothby</span>

William Robinson Boothby was Electoral Commissioner for South Australia, in charge of every parliamentary election from 1856 to 1903.

<span class="mw-page-title-main">Women's suffrage in Australia</span>

Women's suffrage in Australia was one of the early achievements of Australian democracy. Following the progressive establishment of male suffrage in the Australian colonies from the 1840s to the 1890s, an organised push for women's enfranchisement gathered momentum from the 1880s, and began to be legislated from the 1890s, decades in advance of Europe and North America. South Australian women achieved the right to vote in 1894, and to stand for office in 1895 following the world first Constitutional Amendment Act 1894. This preceded even male suffrage in Tasmania. Western Australia granted women the right to vote from 1899, although with some racial restrictions. In 1902, the newly established Australian Parliament passed the Commonwealth Franchise Act 1902, which set a uniform law enabling women to vote at federal elections and to stand for the federal parliament. By 1908, the remaining Australian states had legislated for women's suffrage for state elections. Grace Benny was elected as the first councillor in 1919, Edith Cowan the first state Parliamentarian in 1921, Dorothy Tangney the first Senator and Enid Lyons the first Member of the House of Representatives in 1943.

Suffrage in Australia refers to the right to vote for people living in Australia, including all its six component states and territories, as well as local councils. The colonies of Australia began to grant universal male suffrage from 1856, with women's suffrage following between the 1890s and 1900s. Some jurisdictions introduced racial restrictions on voting from 1885. Such restrictions had been eradicated by the 1960s. Today, the right to vote at federal, state and local levels of government is enjoyed by citizens of Australia over the age of 18 years.

<span class="mw-page-title-main">Electoral district of The Murray</span> Former electoral district in Victoria, Australia

The Murray was an electoral district of the Legislative Assembly in the Australian colony of Victoria from 1856 to 1877.

<span class="mw-page-title-main">Hare–Clark electoral system</span> Proportional-representation voting system

Hare-Clark is a type of single transferable vote electoral system of proportional representation used for elections in Tasmania and the Australian Capital Territory. The method for the distribution of preferences is similar to other voting systems in Australia, such as for the Australian Senate.

<span class="mw-page-title-main">Australian Federation Party</span> Political party in Australia

The Australian Federation Party (AFP), formerly known as the Country Alliance and the Australian Country Party, is an Australian political party. Founded in 2004 by four rural Victorians, the party lodged its initial registration with the Victorian Electoral Commission on 15 August 2005.

References

  1. 1 2 3 4 5 6 7 8 9 "Votes and Proceedings of the Legislative Council 1855–1856" (PDF). Melbourne: Parliament of Victoria. pp. xxii, 12–13, 92, 255. Archived (PDF) from the original on 5 April 2020. Retrieved 5 April 2020.
  2. 1 2 The Constitution Act Amendment Act 1890 (Vic)
  3. Museum of Australian Democracy, Documenting a Democracy, Electoral Act 1856 (Vic)
  4. 1 2 Section 36 of Act
  5. Payment of Members Act 1870 (Vic)
  6. Blainey, G 2016, ‘'The story of Australia’s people: the rise and rise of a new Australia'’, Viking, Penguin Random House, Ringwood, Victoria, Australia, p.18.
  7. 1 2 Australian Dictionary of Biography, William Boothby

Further reading