Draft:University Elections Act 1861

  • Comment: Needs more coverage other than primary sources to prove notability grapesurgeon (talk) 11:08, 16 June 2026 (UTC)

University Elections Act 1861
Act of Parliament
coat of arms
Long titleAn Act to provide that Votes at Elections for the Universities may be recorded by means of Voting Papers.
Citation24 & 25 Vict. c. 53
Territorial extent United Kingdom of Great Britain and Ireland
Dates
Commencement1st August 1861
Repealed6th February 1918
Other legislation
Repealed byRepresentation of the People Act 1918
Status: Repealed
Text of the University Elections Act 1861 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The University Elections Act 1861.[1] was an act passed by the UK Parliament to allow for the use of voting by proxy, with specific voting papers in the University constituencies of the UK [2]

Section 1

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Section 1 of the act allows electors to vote by proxy, giving a signed and dated ballot paper, with the name of the candidate they wish to vote for on, to the returning officer for the constituency.

Section 2

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Section 2 outlines that the ballot paper must then be given to the Vice-chancellor of the University (or Provost in the case of Trinity College Dublin) or their deputy. The vote will then be counted as is it had been cast in person, if the person delivering the ballot paper (the proxy) signs on the bottom of the ballot paper: "I solemnly declare, that am personally acquainted with A. B. [the Voter], and verily believe that this is the Paper by which he intends to vote."[3]

Section 3

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Section 3 lists the reasons for which, and the process by which, a ballot (voting) paper may be rejected.

The reasons, as listed in the act, are:

  1. That the person on whose behalf the voting paper is tendered is not qualified to vote
  2. That the person tendering the voting paper is not duly qualified in that behalf
  3. That the person in whose behalf the voting paper is tendered has already voted at that election in person or by voting paper
  4. That the voting paper bears date anterior to notice given by the returning officer of the day for proceeding to election
  5. That the voting paper is forged or falsified

Section 4

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Section 4 rules that all ballot papers, including those rejected, must be kept, and that anyone with the authority to inspect ballot papers may do so, and make copies of them, for a fee of 1 shilling.

Section 5

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Section 5 makes it a criminal offence to forge or otherwise illegitimately submit a ballot paper. The sentence is set at a fine or a maximum prison sentence of 1 year.

Section 6

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Section 6 makes all ballot papers exempt from Stamp duty.

Schedule 1

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Schedule 1 provides an example of how a valid ballot paper should look.

Repeal

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The act was repealed by the Representation of the People Act 1918[4]. University constituencies were abolished by the Representation of the People Act 1948[5].

Reception

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The act received both positive and negative reception for allowing people not living within the university constituency to vote more easily and freely. However, it did, by its very nature, prevent a secret ballot, and altered the type of MP who would be elected for a university constituency [6]

References

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  1. https://www.legislation.gov.uk/ukpga/Vict/24-25/53/contents/enactedPublic Domain This article incorporates text from this source, which is in the public domain.
  2. Parsons, F.D. (2009). Thomas Hare and Political Representation in Victorian Britain. Palgrave Macmillan. ISBN 978-0-230-24466-5.
  3. https://www.legislation.gov.uk/ukpga/Vict/24-25/53/pdfs/ukpga_18610053_en.pdf
  4. https://www.legislation.gov.uk/ukpga/Geo5/7-8/64/pdfs/ukpga_19180064_en.pdf
  5. https://www.legislation.gov.uk/ukpga/Geo6/11-12/65/pdfs/ukpga_19480065_en.pdf
  6. Puckett, Kent (2022). The Electoral Imagination: Literature, Legitimacy, and Other Rigged Systems. Cambridge University Press. ISBN 978-1-009-20668-6.

Category:UK Legislation