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Enrolling
the People |
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The
Development of Modern Electoral Administration
a postgraduate project of the ANU and the Electoral Council of Australia
funded by a grant from the Australian Research Council. |
Tasmania's secret ballot - a little bit of revision
A couple of years ago Terry Newman of the University of
Tasmania made a discovery that should lead to publishers revising their textbook
and other descriptions of the introduction of the secret ballot in the
Australian colonies in the mid to late 1850s. As his paper's abstract begins:
"Encyclopaedias and handbooks, etc, all present Tasmania's starting date
for implementing the secret ballot as 1858 ..."; it should really be
1856. See
Newman's paper (large-ish PDF; new window):
Here, for example, is a table
from Fin Crisp's classic Australian National Government. Look at the
column for secret ballot and see Tasmania's date as 1858.
The only place known to have a copy of the 1856 Tasmanian
Electoral Act is the Tasmanian Supreme Court, who kindly sent me a photocopy. Here
is the front page (in new window, close it to return).
Below is the clause which describes the procedure of taking a
government-printed ballot slip into a private compartment etc. This is the defining feature of the
"Australian ballot", and it was this, rather than the "secret
ballot" per se, that was invented in Australia
Clause 63 of 1856 Tasmanian Electoral Act

And below are two clauses from the Victorian 1856
Electoral Act, where the Australian ballot began. Note from the second one that
the vote was not absolutely secret, being ultimately traceable; a feature that
only caught on in NZ and the UK. (See also this.)
Clause XXXVI of the Victorian Electoral Act 1856
The
returning officer or his deputy shall provide a locked box of which he shall
keep the key with a cleft or opening in such box capable of receiving the ballot
paper and which box shall stand upon the table at which the returning officer
deputy returning officer or poll clerk and scrutineers preside And each elector
shall having previously satisfied as herein provided the returning officer or
his deputy that he is entitled to vote at such election then receive from the
returning officer or deputy returning officer or poll clerk a ballot paper in
the form in the schedule hereunto annexed marked F and which ballot paper shall
be signed upon the back by the returning officer with his name and such elector
shall in the compartment or ballot room provided for the purpose strike out the
names of such candidates as he does not intend to vote for and shall forthwith
fold up the same in such manner as will conceal the names of the candidates and
display that of the returning officer written upon the back and deposit it in
the ballot box in the presence of the returning officer or deputy returning
officer or poll clerk and scrutineers and in case such elector shall be unable
to read or shall be blind he shall signify the same to the returning officer or
deputy returning officer or poll clerk who shall thereupon mark or strike out
the names of such candidates as the elector may designate and no elector shall
take out of such room any such ballot paper either before or after he has marked
the same and any elector wilfully infringing any of the provisions of this
clause or obstructing the polling by any unnecessary delay in performing any act
within the ballot room shall be deemed guilty of a misdemeanour.
Clause XXXVIII of the Victorian Electoral Act 1856
Before
delivering the ballot paper to the elector as hereinbefore provided the
returning officer or deputy returning officer or poll clerk shall write upon
each ballot paper so delivered to such elector the number corresponding to the
number set opposite to the elector’s name in the electoral roll and shall
thereupon check or mark off upon a certified copy of the electoral roll such
voter’s name as having voted and such numbers so corresponding as aforesaid
shall be sufficient prima facie evidence of the identity of the electors whose
names shall appear on the roll and of the fact of their having voted at the
election at which such ballot papers were delivered.
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