How Did the Athenian "Ecclesia" Vote? Hansen, Mogens Herman Greek, Roman and Byzantine Studies; Summer 1977; 18, 2; Periodicals Archive Online pg. 123 How Did the Athenian Ecclesia Vote? Mogens Herman Hansen I I N CLASSICAL ATHENS two kinds of voting were employed: the assembly voted by a show of hands and the popular court by ballot. The vote by ballot is known in every detail thanks to the account given by Aristotle in the Constitution of Athens 68-69 and to the discovery of several bronze psephoi of the classical period. The cheirotonia, however, is described neither by Aristotle nor by any other contemporary author and, although in this case archaeological evidence seems to be ruled out, it is in fact the excavations of the Pnyx which constitute the basis of the two most recent discussions of the subject by A. L. Boegehold and E. S. Staveley.l In discussing the Athen­ ian voting procedure we are once more faced with the curious fact that the working of the people's court is abundantly attested, whereas the ecclesia is shrouded in mystery because of the silence of our sources. 1 References in this article, hereafter cited by author's name and page number, are to: A. L. BOEGEHOLD, "Toward a Study of Athenian Voting Procedure," Hesperia 32 (1963) 366-74. C. G. BRANDIS, ·"EKKA."IcLa. ... RE 5 (1905) 2163-2200. G. BUSOLT and H. SWOBODA. Griechische Staatskunde I-II (MUnchen 1920-26). J. DELZ, Lukians Kenntnis der athenischen Antiquitiiten (Freiburg 1950). E. B. ENGLAND, The Laws of Plato I-II (London 1921). K. VON FRITZ and E. KAPP, Aristotle's Constitution of Athens and Related Texts (New York 1950). D. J. GEAGAN. The Athenian Constitution after Sulla (Hesperia Supp1.12, 1967). G. GILBERT, Hand­ buch der griechischen Staatsalterthumer I (Leipzig 1893). M. H. HANSEN, "How Many Athenians Attended the Ecclesia?," GRBS 17 (1976) 115-34. Idem, "The Dura.tion of a Meeting of the Athenian Ecclesia." CP 74 (1979). Idem, The Sovereignty of the People's Court in Athens in the Fourth Century B.C. and the Public Action against Unconstitutional Proposals (Odense 1974). E. KOCH, .. X~'PO'Tov~tv," RE 3 (1899) 2225-26. K. KOUROUNIOTES and H. A. THOMPSON, "The Pnyx in Athens," Hesperia 1 (1932) 90-217. J. H. LIPslUs. Das attische Recht und Rechtsverfahren I-III (Leipzig 1905-15). W. A. McDONALD, The Political Meeting Places of the Greeks (Balti­ more 1943). G. R. MORROW, Plato's Cretan City (Princeton 1960). D. J. MOSLEY, Envoys and Diplomacy in Ancient Greece (Historia Einzelschr. 22. 1973). J. E. NEALE, The Elizabethan House of Commons (London 1949). J. H. OLIVER, The Sacred Gerousia (Hesperia Supp1.6, 1947). H. RYFFEL. Die schweizerischen Landsgemeinden (ZUrich 1903). J. F. SLY, Town Government in Massachusetts 1620-1930 (Cambridge [Mass.] 1930). E. S. STAVELEY, Greek and Roman Voting and Elections (London 1972). W. STAUFFACHER, Die Versammlungsdemokratie im Kanton Glarus (ZUrich 1963). A. WILHELM, "Neue Beitrage zur griechischen Inschriftenkunde," SBWien 183 (1921) 1-79. Idem "Zu griechischen Inschriften," AEM 20 (1897) 79-82. The scattered publications of the bronze psephoi are collected by Boegehold 366 n.1. All the psephoi are dated by letter forms to the fourth century B.C. 123 124 HOW DID THE ATHENIAN ECCLESIA VOTE? If the scanty evidence, however, is combined with an a priori argu­ ment, it should be possible to reconstruct a fairly reliable picture of how the Athenians passed their decrees and elected their officials. In the orators the vote taken by the people is described either with the verb ~"1cp{~€cOa£ or with the verb X€LPO-rOV€LV. Whereas ~"1cp{~€COaL. in the fourth century at least, must be interpreted metaphorically,2 we have sufficient evidence that X€LPO-rOV€LV has to be taken in the literal sense of the word. In Aristophanes' Ecclesiazusae (262-65) the women are reminded that on the Pnyx they have to raise their arms instead of (as usual) their legs; and Xenophon (Hell. 1.7.7) provides us with the valuable information that the majority was assessed by surveying the assembly: he tells us that the first ecclesia hearing the trial of the generals was adjourned because it was too late to see the hands. Several sources state that the X€Lpo-rov{a took the form of a fjLaX£Lpo-rov{a. When the people voted on a single proposal, first the ayes and then the nays were asked to raise their hands;3 and similarly, when the choice was between two proposals, the chairman asked first for those supporting proposal A and then for those supporting proposal B.' So the voting was conducted by stages, and this is suffi­ cient proof that the citizens raised their hands while seated and that no kind of division was applied. It is apparent from Lysias 12.75 that a citizen might abstain from voting, but the number of abstentions was probably not assessed, since all sources dealing with fj£aX€Lpo-rov{a mention only two successive stages. So far we are on safe ground. The difficulties ·accumulate when we seek to know the officials in charge of the cheirotonia and the method of assessing the majority. Concerning the fifth century we are (as usual) almost ignorant of the procedure. The only relevant source is Arist. Ath.Pol. 30.5, a paper constitution of 411 B.C. prescribing that a board of five councillors chosen by lot be entrusted with the cheirotoniai. Under the democratic constitution it may be assumed that the pry­ taneis were responsible for deciding the outcome of the vote, but the assumption is no more than an argument from analogy with the following period./) The fourth-century evidence is more satisfactory: I When describing decisions made by the ecclesia the verb ifn/q,l,£c8«, is often used synonymously with X£'poTOJl€'iv, e.g., Isoc. 8.52. a Oem. 22.5 and 9, 24.20,59.4-5; Aeschin. 3.39. The councillors: Arist. Ath.Pol. 49.2; IG III 223 A 5. 'IG II 57.5ff; Xen. Hell. 1.7.34; Oem. 24.33 (the nomothetai); Oem. 47.43 (the councillors). 6 We know that in the fourth century the proedroi were responsible for (a) putting a MOGENS HERMAN HANSEN 125 from about 380 the ecclesiai were presided over by the nine proedroi, and two sources state that the vote was conducted and the show of hands assessed by this board of councillors (Aeschin. 3.3; Arist. Ath.Pol. 44.3). In most treatments of the Athenian voting procedure it is cautiously suggested without any discussion of the problem that an exact count of the votes might possibly be omitted in a procheirotonia or when a proposal was passed by an overwhelming majority.6 But it is taken for granted that usually the votes were counted with precision, and the main source olrrpb£Spo£ ••• 'TLcf1'YJ'T~CELC 'TWV X€LP0'TOVLWV , ~ ~ l \ ~, , • , 'A.. Q ~ ~ .1. A..' r II , JL€XpL OVOLV € l'aL" 'TO O€ 'TpL'TOV €av aJL'f'LCfJ'YJT'{} 'TLC, OLa'f''YJ'f'L<:.€CUaL 'TOV'TOVC olcTT'€p 'Tfjc X€Lp0'TOVLaC JLhpov €KaC'TOLC €KaC'TOV 1jv (756B). It is usually taken for granted that the votes had to be counted and that any protest against the cheirotonia would result in a recount, perhaps even in two recounts of all the hands.19 Against this it can be objected, first that plato nowhere says that the votes were counted, second that it is grotesque to provide for a double recount of all the hands, and third that it makes no sense to transfer the powers to the presiding board of officials (either the thirty-seven nomophylakes or the prytaneis) after no less than three cheirotoniai all involving an exact count of ca 5000 votes. On the other hand, if we assume that the majority was esti­ mated by the presiding board, the elaborate procedure in cases of doubt is only natural, and we have in fact an exact parallel to the voting procedure adopted by some of the Swiss Landsgemeinden (n.17). Now the ideal state described in the Laws is certainly not Athens, but it is worth noting that Plato, especially concerning procedural details, has often modelled his Utopia on Athenian institutions. Plato's vocabulary for military officers shows that in this section of the Laws he has Athens in mind, and so his provisions for electing military officers are probably a more or less modified copy of the Athenian procedure. 3. One more indication that the votes were not counted can be ob­ tained by comparing the cheirotoniai in the ecclesia with the psepho­ phoriai in the dikasteria. In the courts the votes were always counted with precision, and accordingly we have some information on the exact number of votes cast by the jurors: Socrates, for example, was found guilty by a majority of sixty votes (Plat. Ap. 36A) whereas Aeschines was acquitted by thirty votes (Plut. Mor. 840c). Cephisodo­ tus escaped capital punishment by three votes only (Dem. 23.167), and Hyperides (3.28) states that Aristophon was acquitted €V 'TOV'TCP 'Tep OLKaC'T'YJptcp TTapa OVO "'~1>ovc. Only a tie saved Leocrates from a sentence of death (Aeschin. 3.252), and even in inscriptions the exact number of votes cast is sometimes recorded (IG II2 1641B). Although the preserved speeches contain references to hundreds of decrees passed by the people in the assembly, we have not a single piece of 18 England 557; Morrow 160. MOGENS HERMAN HANSEN 131 information of the same kind concerning cheirotoniai. which points to the conclusion that exact figures were unknown. The only source where numbers are mentioned is Demosthenes' statement that Aeschines was elected pylagorus by three or four votes: 7rpo(3AT]{h,k 11'VAayopoc OVTOC Kat TP£OlJI ~ TETTapWJI X(£POTOJl1]caJlTWJI athol' cXJI(PP~01J (Dem. 18.149); but this scornful remark must be grossly exaggerated and is useless as a source whether we assume that the votes were counted or not. Conversely, Thucydides reports that after the debate between Cleon and Diodotus the people overruled their former decision by a close vote: Kat ~ylJloJITO ~J/ Tfj XEtPOTOJ/{Cf- Ct.yxcfJp.aAOt, ~Kp&T1JCE OE ~ TOV LJtOOaToV (Thuc. 3.49.1). The vague statement is in conformity with my theory, but no conclusion can be drawn since it is most unlikely that Thucydides would have informed us of the exact figures even if they were known. 4. So far I have dealt only with cheirotoniai. We have in fact some evidence of the counting of votes cast by the people in the assembly. Citizenship decrees had to be ratified by a vote taken among 6000 citizens (Dem. 59.89), and similarly a quorum of 6000 was required in order to grant an adeia (Dem. 24.45) or to allow the nomothetai to pass a vap.oc ~7r' Ct.vop{ (An doc. 1.87). Here an exact count of the votes was necessary, and the crucial point is that cheirotonia in these cases was replaced by a vote taken by ballot. 20 N~v p.~ ltaKtCXtA{OtC oat'll KpV(30T]V tP'YJept'op.lvotc is the statutory requirement of all the laws prescribing a quorum. The reason may be that voting by ballot is secret whereas the voters reveal their position in a cheirotonia. But we must not forget that citizenship decrees in the first instance were passed by a show of hands and only ratified by the psephophoria.21 So a citizen would in any case have revealed his stand in the first vote, and accordingly secrecy cannot have been the primary concern. It is tempting to suggest that psephophoria was prescribed because it was the only possible way of counting the votes. Additional evidence of this view can be found in some decrees published on stone in the Hellenistic and Roman periods. In a few decrees of the first century B.C. passed by ballot a count of the votes is recorded towards the end of the inscription: 'TOlV ~~epwv at 7rA~pE]'C 10 In addition to the nomoi prescribing psephophoria we have one example of a decree ordering that an ecc/esia take the vote by ballot instead of by a show of hands, viZ' Callixenus' decree ordering the execution of the generals in 406 (Xen. Hell. 1.7.9). 21 Hansen, GRBS 17.125-27. 132 HOW DID THE ATHENIAN ECCLESIA VOTE? lc ,~, \. .I.. ' , r.. ' 1 ]' a EOOKE£ TTJV ey.,.Epop.EVTJV yvwlPTJv Kvp,av E vaL TpLaKOVTa 7TI.VTE. al TETpV7TTJp.l.va[L alc OUK ~SdKEL oUSEp.la.22 The usual form of voting in the ecclesia was still cheirotonia, but in this case the vote is described in the following way: [<> 7TPdESpOC' OT~ SOKEL KvpLa E tvaL T'~' ~KVpW8TJ Kat ~v T~ [S]ap.cp XtPOTOV{~' r/s&tPcx alc E&t~ KVpofiv •••• alc Sf p..q, o{Kj~p.la.. MOGENS HERMAN HANSEN 133 Athenians had to take a vote by ballot, they practised an exact count of all votes cast. 5. If I am right in maintaining that a cheirotonia was decided by the proedroi (and before ca 380 B.C. by the pry taneis) , it is unbelievable that their decisions were always allowed to pass unchallenged, and it would indeed be strange if objections against the result of the voting had left no traces in our sources. Now three passages can be adduced which are, in my opinion, best explained as protests against the presidency's assessment of the majority in a show of hands. a. When the eight generals were put on trial in 406, Euryptolemus tried as a last resort to prevent the passing of Callixenus' probouleuma by making a counterproposal, but without success. Xenophon gives the following account of the incident: 7"OV7"WV S~ S£(XX€£P07"OVOVJL'vwv 7"0 , A" 'E' A" ,~, M A' JL€V 7TpW7"OV €KptVaV 7"T)V VPV7T7"O €JLOV' V7TOJLocaJL€VOV O€ €V€K €DVC Kat 7T(xAw S£aXHpo7"ovlac y€voJL'V7Jc €Kp£VaV 7"~V rilc fJovMjc (Hell. 1.7.34). The crucial word V7TOJLOcaJL'vov may be interpreted as a hypo­ mosia in a graphe paranomon raised by Menecles against Euryptole­ mus,26 but in this case it would be unconstitutional to pass immedi­ ately to a second vote on Callixenus' probouleuma instead of awaiting the jurors' hearing of the graphe paranomon. It is of course possible that we are faced with one more unconstitutionality committed during this notorious session of the ecclesia, but we must not forget that v7TwJLocla is the technical term for various types of demurrer.27 A more likely interpretation of V7TOJLOcaJL'voV is that the enemies of the eight generals, because of the prytaneis' earlier attempt to stop the trial, were suspicious of their assessment of the majority and, quite constitutionally, demanded a second cheirotonia. b. The second source is a malignant joke in Aristophanes' Plutus. When Cario relates how Plutus was led to ASclepius' sanctuary in in order to recover his sight, the woman asks whether other sup­ pliants were present. Cario answers that he saw, among others, the purblind politician Neocleides. But the god prepared for him a terrible unguent which, when rubbed in his eyes, blinded the wretched fellow totally. In reply to Neocleides' cry of pain the god maliciously k d ' -0 A'O A'''''' remar e : €V7"av a vvv Ka T)co Ka7"a7T€7T aq.LEVOC, tV V7TOJLVVJL€VOV 7Tavcw C€ 7"aC €KKAT)clac. 28 If there is a point in Aristophanes' story, 26 The interpretation I proposed in The Sovereignty, Catalogue no.3, p.29. 27 Lipsius 393 and 902. 28 Ar. Pluto 724-25. ;1TO/LvV/L£vov codd. : corr. Girardus. 134 HOW DID THE ATHENIAN ECCLESIA VOTE? it must be that Neocleides' total blindness in future will prevent him from lodging sworn objections against th~ decisions made by the ecclesia. Now even a blind man can listen to a debate and bring a sworn indictment against a decree which, in his opinion, is unconsti­ tutional, but only a man in possession of the faculty of vision can protest against the presidency's declaration of the result of a show of hands. So inT'Ol-'vJI-'EVOV in Plutus 725 is presumably to be taken in the sense suggested above for Xen. Hell. 1.7.34. I admit, however, that my interpretation is highly conjectural and may be questioned. c. In the opening of the speech Against Ctesiphon Aeschines com­ plains bitterly of the general decay of the democratic institutions due to the corruption of the politicians and the carelessness of the people. His point is that the graphe paranomon heard by the jurors is the only safeguard of democracy still left. One of Aeschines' complaints is connected with the declaration of the vote in the ecclesia ...