1866 Helston by-election

William Baliol Brett (painted later in life, c. 1885–1890) was elected after petitioning the original by-election result.

The nominations took place on Monday 30 April at Helston Town Hall; Brett was proposed by the previous Conservative candidate, Grylls, while Campbell was proposed by C. W. Popham. Campbell won more support in a "show of hands", upon which Brett requested a poll which was determined for the following day.[12] Three polling stations were established; constituents based in the town of Helston itself would vote at the town hall, while booths were also set up at either end of the town for those electors from Wendron and Sithney. Voting commenced at 8 am, and by 10 am, 233 of the 348 registered electors had voted; at that stage, Campbell held a three-vote lead. In the late morning, both sides made an effort to round up those who had not yet voted, and at midday Campbell led by 138–134. Voting was much quieter throughout the afternoon, and by the end of the vote at 4 pm it was evident that the result was close; the Conservatives believed that they had won by a single vote.[13]

When the results were announced, Thomas Rogers—the town mayor, who was acting as returning officer—announced that both candidates had received 153 votes. Campbell had gained the majority in Helston itself (79–62), but Brett had the advantage in both the outlying villages (31–28 in Wendron and 60–46 in Sithney). Rogers, who was a Liberal supporter and had already voted for Campbell in the poll, opined that he was not sure whether he held a casting vote, but said that "believing it to be the proper course, I shall give my casting vote for Mr Campbell."[13] Objections immediately ensued from both sides. The Liberals complained that at 3:56 pm a voter, Martin, had been prevented from casting a vote for their candidate by the Conservatives "taking possession" of the hall. For their part, the Conservatives rejected this charge, and that by law the Mayor did not hold a casting vote. The town's deputy clerk then formally declared Campbell the elected member for Helston.[13]

Campbell was sworn in on 7 May, taking up his seat in the House of Commons.[14] A couple of days later, Brett presented a petition to the House of Commons. In addition to his complaint that the mayor should not have made a casting vote, he also alleged that some of the voters were not "properly qualified", and that a vote was cast after 4 pm, when the vote should have closed.[15] The petition hearing was held on 3 July. After an initial confirmation of the original, tied result, a Wesleyan minister was called upon. The Reverend Isaac Rogers gave evidence that he had voted, despite no longer residing in the house he had previously occupied in the constituency, in the belief he was still eligible to do so. The hearing committee, as a result, amended the result of the poll to remove Reverend Rogers' vote, and as a result Brett was elected as the Member of Parliament for Helston.[16]

This election led to Parliament deciding that "according to the law and usage of Parliament, it is the duty of the sheriff or other returning officer in England, in the case of an equal number of votes being polled for two or more candidates at an election, to return all such candidates".[17] Per convention, Brett vacated his seat upon his appointment as Solicitor General in February 1868, but was subsequently re-elected unopposed in a by-election; two candidates initially stood against him but withdrew after appeals from their own party members to wait until the general election later that year.[18][19] In August 1868, Brett was appointed as Justice of the Court of Common Pleas,[20] and he once again vacated his seat.[21] Shortly thereafter at the 1868 general election, Adolphus William Young was elected by a vote of 494 to 374.[22]

• List of United Kingdom by-elections (1857–1868)
• Casting vote