In 1852, Nicholson won another election, to the
Legislative Council for
North Bourke. In 1853, he became a member of the committee which drafted the Constitution of Victoria, and on 18 December 1855, Nicholson moved a successful motion which stated that any Victorian electoral act should include voting by
secret ballot. That was opposed by the government of Premier
William Haines and, after the motion was passed, Haines resigned. Although it was actually
Henry Chapman who devised the secret ballot motion, the fact that Nicholson moved it gained him the credit and, when Haines resigned, Nicholson was invited by the
Governor of Victoria Sir
Charles Hotham to form a government. However, he was unable to do so and Haines became Premier again. In 1856, Nicholson visited
England, where he was congratulated for his work in establishing the secret ballot, which had been advocated by the
Chartist movement there. The system was introduced in Victoria on 19 March 1856, and in
South Australia on 2 April in the same year. It was later adopted by all the other colonies. The secret ballot was known as "the Victorian ballot" for the rest of the 19th century. Nicholson returned to Melbourne in 1858, and in 1859 was elected to the
Legislative Assembly for the seat of
Murray. Later that year, he shifted to
Sandridge (now
Port Melbourne), which he represented until 1864. When the conservative government of Premier
John O'Shanassy was defeated in October 1859, Nicholson became Premier and Chief Secretary. Much of Nicholson's premiership was spent trying to pass a bill which allowed small farmers to settle on grazing lands appropriated by the
squatters, but it encountered strong opposition from the Legislative Council, which was dominated by landowners. When the Council severely amended the bill there were riots outside
Parliament House. That stiffened conservative resistance and the bill was eventually passed in a much weaker form, which the squatters easily evaded. That failure led to Nicholson's resignation in November 1860. ==Late life==