Post by David J. Glanfield on Jul 29, 2020 11:05:01 GMT
The local government franchise before 1918
The right to vote for local government bodies, and the registration of the right, only affected the parliamentary franchise and parliamentary electoral registration from the passing of the Parliamentary and Municipal Registration Act, 1878. This provided for the joint registration of parliamentary voters and municipal burgesses where parliamentary and municipal boroughs coincided or overlapped, and also had a slight effect on the parliamentary franchise within boroughs. The Municipal Corporations Act, 1882, which consolidated legislation on municipal government, the Local Government Act, 1888, which instituted elected county councils, and the County Electors Act, 1888, which defined the franchise for county council elections, and the Local Government Act, 1894, which created elected district and parish councils, had a more significant effect on the content of electoral registers.
Counties pre-1889
Before 1889 there was no elected body for the county, which was governed by justices of the peace in Quarter Sessions. The members of the boards and other local authorities set up in the nineteenth century (poor law boards of guardians, school boards, improvement commissioners, etc) were in most cases elected by ratepayers, and the parochial rate books therefore formed the record of their qualification to vote. The churchwardens were elected by the minister and parishioners.
Boroughs pre-1889
Note that in this section, borough refers before 1835 to all places with borough status and after 1835 to municipal boroughs (ie places with a municipal corporation). These were not necessarily parliamentary boroughs.
Before 1835 a borough might be governed by a corporation, as at Kingston and Guildford, or by manorial officers as if it were a village, as at Reigate. The right of election depended on the charters, grants, letters patent and customs of the borough itself. The Municipal Corporations Act 1835 (5 and 6 Will IV c76) gave the right of electing councillors to all 'burgesses', defined as male persons occupying houses and shops rated for poor relief provided that the occupier himself had been rated for the past three years, had paid his rates and was an inhabitant householder in or within seven miles of the borough. Existing freemen, and those who became freemen under former charter or customary rights, retained any existing right to the parliamentary vote and to share in property rights or charitable trusts restricted to freemen, but did not, as such, possess any right to elect borough councillors. An Act of 1869 (32 and 33 Victoria c55) reduced the qualifying period to one year and extended to women the right to vote, although married women would not qualify because their husbands would be rated, not themselves. The Municipal Corporations Act, 1882, consolidated the 1835, 1869 and various amending statutes and extended 'burgess' status to women where they were qualified.
The Acts of 1888
The Local Government Act, 1888 (51 and 52 Vict c41) established county councils. The County Electors Act, 1888 (51 Vict c10) extended the burgess qualification (ie occupation of premises and payment of rates) used for municipal elections to persons occupying premises in counties, subject to residence within seven miles of the county (fifteen miles for the County of London). The parliamentary £10 occupation qualification, applicable in counties, also qualified, and was extended to become a qualification for burgesses (NB this referred to land, whereas the burgess franchise required occupation of a building). Thus the county and borough franchises for local elections were assimilated. A 'non- resident' qualification, which, without giving a person the vote, entitled him to be a county councillor or county alderman, was held by those who were otherwise qualified but who lived between seven and fifteen miles of the county: a person with the ownership franchise was so qualified in any case. Single women possessing the qualification were entitled to vote.
The Act of 1894
The Local Government Act 1894 (56 and 57 Vict c73) established elected parish councils in rural areas. The Act gave the vote not only to single women who were qualified but also to married women who were qualified (ie by occupancy) although a husband and wife could not be qualified in respect of the same property and in practice few married women were qualified. Parochial electors existed even in boroughs, where there was no parish council, and in small villages, with only a parish meeting, because they elected the guardians of the poor for the parish. Rural and urban district councils were elected by the parochial electors for the parishes comprising the district.
Twentieth century franchise legislation
The Representation of the People Act, 1918, simplified the franchise, establishing as the qualifications for men to vote in parliamentary elections (a) residence in the constituency (b) occupation of business premises worth more than £10 per annum in the constituency.
The qualification for men to vote as local government electors was the occupation, as owner or tenant, of land or premises in the area. These included the 'service' franchise where the master was not dwelling in the same house and lodgers in unfurnished rooms.
A woman possessed the parliamentary franchise if she were thirty years old and entitled to be registered as a local government elector in respect of occupation of land or premises, other than a dwelling-house, worth not less than five pounds per annum, or of a dwelling house, or was the wife of a husband entitled to be so registered. Many women over thirty years old were still excluded from the vote: most unmarried daughters living at home, unmarried women living in furnished rooms, and resident servants.
A woman was entitled to be registered as a local government elector (a) where she would be entitled to be registered if she were a man (b) here she was the wife of a man entitled to be registered in respect of premises in which they both resided and was thirty years old
The Representation of the People (Equal Franchise) Act, 1928 (18 and 19 George V c12) gave women the right to vote on the same basis as men: in particular, women over twenty-one years and under thirty obtained the vote whereas before then none had been entitled to vote in parliamentary elections and only relatively few in local government elections.
The Representation of the People Act, 1945, extended the local government franchise to all persons qualified as parliamentary electors in the area. The Representation of the People Act, 1948, abolished the business franchise for parliamentary elections but gave a non-resident qualification for local elections to any person occupying as owner or tenant land or premises worth not less than £10 per annum.
The Representation of the People Act, 1969, extended the franchise to those aged eighteen on the day of the relevant election. Previously electors had needed to be twenty-one years old at the date when the register came into force. It abolished the non-resident qualification for voting at local government elections.
The right to vote for local government bodies, and the registration of the right, only affected the parliamentary franchise and parliamentary electoral registration from the passing of the Parliamentary and Municipal Registration Act, 1878. This provided for the joint registration of parliamentary voters and municipal burgesses where parliamentary and municipal boroughs coincided or overlapped, and also had a slight effect on the parliamentary franchise within boroughs. The Municipal Corporations Act, 1882, which consolidated legislation on municipal government, the Local Government Act, 1888, which instituted elected county councils, and the County Electors Act, 1888, which defined the franchise for county council elections, and the Local Government Act, 1894, which created elected district and parish councils, had a more significant effect on the content of electoral registers.
Counties pre-1889
Before 1889 there was no elected body for the county, which was governed by justices of the peace in Quarter Sessions. The members of the boards and other local authorities set up in the nineteenth century (poor law boards of guardians, school boards, improvement commissioners, etc) were in most cases elected by ratepayers, and the parochial rate books therefore formed the record of their qualification to vote. The churchwardens were elected by the minister and parishioners.
Boroughs pre-1889
Note that in this section, borough refers before 1835 to all places with borough status and after 1835 to municipal boroughs (ie places with a municipal corporation). These were not necessarily parliamentary boroughs.
Before 1835 a borough might be governed by a corporation, as at Kingston and Guildford, or by manorial officers as if it were a village, as at Reigate. The right of election depended on the charters, grants, letters patent and customs of the borough itself. The Municipal Corporations Act 1835 (5 and 6 Will IV c76) gave the right of electing councillors to all 'burgesses', defined as male persons occupying houses and shops rated for poor relief provided that the occupier himself had been rated for the past three years, had paid his rates and was an inhabitant householder in or within seven miles of the borough. Existing freemen, and those who became freemen under former charter or customary rights, retained any existing right to the parliamentary vote and to share in property rights or charitable trusts restricted to freemen, but did not, as such, possess any right to elect borough councillors. An Act of 1869 (32 and 33 Victoria c55) reduced the qualifying period to one year and extended to women the right to vote, although married women would not qualify because their husbands would be rated, not themselves. The Municipal Corporations Act, 1882, consolidated the 1835, 1869 and various amending statutes and extended 'burgess' status to women where they were qualified.
The Acts of 1888
The Local Government Act, 1888 (51 and 52 Vict c41) established county councils. The County Electors Act, 1888 (51 Vict c10) extended the burgess qualification (ie occupation of premises and payment of rates) used for municipal elections to persons occupying premises in counties, subject to residence within seven miles of the county (fifteen miles for the County of London). The parliamentary £10 occupation qualification, applicable in counties, also qualified, and was extended to become a qualification for burgesses (NB this referred to land, whereas the burgess franchise required occupation of a building). Thus the county and borough franchises for local elections were assimilated. A 'non- resident' qualification, which, without giving a person the vote, entitled him to be a county councillor or county alderman, was held by those who were otherwise qualified but who lived between seven and fifteen miles of the county: a person with the ownership franchise was so qualified in any case. Single women possessing the qualification were entitled to vote.
The Act of 1894
The Local Government Act 1894 (56 and 57 Vict c73) established elected parish councils in rural areas. The Act gave the vote not only to single women who were qualified but also to married women who were qualified (ie by occupancy) although a husband and wife could not be qualified in respect of the same property and in practice few married women were qualified. Parochial electors existed even in boroughs, where there was no parish council, and in small villages, with only a parish meeting, because they elected the guardians of the poor for the parish. Rural and urban district councils were elected by the parochial electors for the parishes comprising the district.
Twentieth century franchise legislation
The Representation of the People Act, 1918, simplified the franchise, establishing as the qualifications for men to vote in parliamentary elections (a) residence in the constituency (b) occupation of business premises worth more than £10 per annum in the constituency.
The qualification for men to vote as local government electors was the occupation, as owner or tenant, of land or premises in the area. These included the 'service' franchise where the master was not dwelling in the same house and lodgers in unfurnished rooms.
A woman possessed the parliamentary franchise if she were thirty years old and entitled to be registered as a local government elector in respect of occupation of land or premises, other than a dwelling-house, worth not less than five pounds per annum, or of a dwelling house, or was the wife of a husband entitled to be so registered. Many women over thirty years old were still excluded from the vote: most unmarried daughters living at home, unmarried women living in furnished rooms, and resident servants.
A woman was entitled to be registered as a local government elector (a) where she would be entitled to be registered if she were a man (b) here she was the wife of a man entitled to be registered in respect of premises in which they both resided and was thirty years old
The Representation of the People (Equal Franchise) Act, 1928 (18 and 19 George V c12) gave women the right to vote on the same basis as men: in particular, women over twenty-one years and under thirty obtained the vote whereas before then none had been entitled to vote in parliamentary elections and only relatively few in local government elections.
The Representation of the People Act, 1945, extended the local government franchise to all persons qualified as parliamentary electors in the area. The Representation of the People Act, 1948, abolished the business franchise for parliamentary elections but gave a non-resident qualification for local elections to any person occupying as owner or tenant land or premises worth not less than £10 per annum.
The Representation of the People Act, 1969, extended the franchise to those aged eighteen on the day of the relevant election. Previously electors had needed to be twenty-one years old at the date when the register came into force. It abolished the non-resident qualification for voting at local government elections.