1866 Helston by-election


The Helston by-election of 1866 was an election held on 1 May 1866 to return an MP for the constituency of Helston. The by-election was brought about due to the declaration that Adolphus Young's election in the 1865 United Kingdom general election was null and void due to bribery. Two candidates contested the election: Robert Campbell and William Brett. On the original count, both candidates received 153 votes but Campbell was declared the winner after the returning officer who on the consultation of a legal textbook, made a casting vote.
The decision was appealed and a Commission decided the returning officer had no right to a deciding vote and should have declared both candidates elected. Upon scrutiny, Brett was declared the winner after it was found that Campbell had received a vote from a local priest who did not have the right to vote. 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".