C43C79C80C82C81C83C84C85C86 Part I Parliamentary and Local Government Franchise and its Exercise

Annotations:

Offences

C1C2C3C4C5C6C7C8C44C47C52C57C63C73C9160 Personation.

1

A person shall be guilty of a corrupt practice if he commits, or aids, abets, counsels or procures the commission of, the offence of personation.

2

A person shall be deemed to be guilty of personation at a parliamentary or local government election if he—

a

votes in person or by post as some other person, whether as an elector or as proxy, and whether that other person is living or dead or is a fictitious person; or

b

votes in person or by post as proxy—

i

for a person whom he knows or has reasonable grounds for supposing to be dead or to be a fictitious person; or

ii

when he knows or has reasonable grounds for supposing that his appointment as proxy is no longer in force.

3

For the purposes of this section, a person who has applied for a ballot paper for the purpose of voting in person or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted.

C9C10C70C11C12C46C74C94C100C10161 Other voting offences.

C621

A person shall be guilty of an offence if—

a

he votes in person or by post, whether as an elector or as proxy, or applies to F1vote by proxy or by post as elector, at a parliamentary or local government election, or at parliamentary or local government elections, knowing that he is subject to a legal incapacity to vote at the election or, as the case may be, at elections of that kind; or

b

he applies for the appointment of a proxy to vote for him at F2any parliamentary or local government election or at parliamentary or local government elections knowing that he or the person to be appointed is subject to a legal incapacity to vote at the election or, as the case may be, at elections of that kind; or

c

he votes, whether in person or by post, F3. . . ,as proxy for some other person at a parliamentary or local government election, knowing that that person is subject to a legal incapacity to vote.

For the purposes of this subsection references to a person being subject to a legal incapacity to vote do not, in relation to things done before polling day at the election or first election at or for which they are done, include his being below voting age if he will be of voting age on that day.

F501A

A person (“P”) is guilty of an offence if P applies for the appointment of a proxy to vote for P—

a

at a parliamentary election, where P knows that the person to be appointed is already appointed as proxy to vote at that election, or at parliamentary elections, for four or more other electors;

b

at a parliamentary election where—

i

P is or will be registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration, and

ii

P knows that the person to be appointed is already appointed as proxy to vote at that election, or at parliamentary elections, for two or more other electors none of whom is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration or a service declaration;

c

at a local government election in England, where P knows that the person to be appointed is already appointed as proxy to vote at that election, or at local government elections in England, for four or more other electors;

d

at a local government election in England where—

i

P is or will be registered in a register of local government electors in England otherwise than in pursuance of a service declaration, and

ii

P knows that the person to be appointed is already appointed as proxy to vote at that election, or at local government elections in England, for two or more other electors none of whom is registered in a register of local government electors in England in pursuance of a service declaration;

e

at parliamentary elections, where P knows that the person to be appointed is already appointed as proxy to vote at a parliamentary election, or at parliamentary elections, for four or more other electors;

f

at parliamentary elections where—

i

P is or will be registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration, and

ii

P knows that the person to be appointed is already appointed as proxy to vote at a parliamentary election, or at parliamentary elections, for two or more other electors none of whom is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration or a service declaration;

g

at local government elections in England, where P knows that the person to be appointed is already appointed as proxy to vote at a local government election in England, or at local government elections in England, for four or more other electors;

h

at local government elections in England, where—

i

P is or will be registered in a register of local government electors in England otherwise than in pursuance of a service declaration, and

ii

P knows that the person to be appointed is already appointed as proxy to vote, at a local government election in England, or at local government elections in England, for two or more other electors none of whom is registered in a register of local government electors in England in pursuance of a service declaration.

2

A person shall be guilty of an offence if—

a

he votes as elector otherwise than by proxy either—

i

more than once in the same constituency at any parliamentary election, or more than once in the same electoral area at any local government election; or

ii

in more than one constituency at a general election, or in more than one electoral area at an ordinary election of councillors for a local government area which is not a single electoral area; or

iii

in any constituency at a general election, or in any electoral area at such an ordinary election as mentioned above, when there is in force an appointment of a person to vote as his proxy at the election in some other constituency or electoral area; or

F46ab

the person votes as elector otherwise than by proxy in more than one electoral area at an election of councillors for any local government area in Scotland when the polls for more than one local government election are held on the same day, or

ac

the person votes as elector otherwise than by proxy in any electoral area at an election of councillors for a local government area in Scotland when—

i

there is in force an appointment of a person to vote as the person's proxy at the election in some other electoral area in Scotland, and

ii

the polls for more than one local government election are held on the same day, or

b

he votes as elector in person at a parliamentary or local government election at which he is entitled to vote by post; or

c

he votes as elector in person at a parliamentary or local government election, knowing that a person appointed to vote as his proxy at the election either has already voted in person at the election or is entitled to vote by post at the election; or

d

F4. . . , he applies for a person to be appointed as his proxy to vote for him at parliamentary elections F5in any constituency without applying for the cancellation of a previous appointment of a third person then in force F5in respect of that or another constituency or without withdrawing a pending application for such an appointment F5in respect of that or another constituency.

F62A

In the case of Authority elections, paragraph (a) of subsection (2) above shall not have effect; but a person shall be guilty of an offence under this subsection if he votes as an elector otherwise than by proxy—

a

more than once at the same election of the Mayor of London;

b

more than once at the same election of the London members of the London Assembly at an ordinary election;

c

more than once in the same Assembly constituency at the same election of a constituency member of the London Assembly;

d

in more than one Assembly constituency at the same ordinary election; or

e

in any Assembly constituency at an ordinary election, or an election of the Mayor of London held under section 16 of the 1999 Act, when there is in force an appointment of a person to vote as his proxy at the election in some other Assembly constituency.

C623

A person shall be guilty of an offence if—

a

he votes as proxy for the same elector either—

i

more than once in the same constituency at any parliamentary election, or more than once in the same electoral area at any local government election; or

ii

in more than one constituency at a general election, or in more than one electoral area at an ordinary election of councillors for a local government area which is not a single electoral area; or

F47ab

the person votes as proxy for the same elector in more than one electoral area at an election of councillors for any local government area in Scotland when the polls for more than one local government election are held on the same day, or

b

he votes in person as proxy for an elector at a parliamentary or local government election at which he is entitled to vote by post as proxy for that elector; or

F7c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

he votes in person as proxy for an elector at a parliamentary or local government election knowing that the elector has already voted in person at the election.

C62F83A

In the case of Authority elections, paragraph (a) of subsection (3) above shall not have effect; but a person shall be guilty of an offence under this subsection if he votes as proxy for the same elector—

a

more than once at the same election of the Mayor of London;

b

more than once at the same election of the London members of the London Assembly at an ordinary election;

c

more than once in the same Assembly constituency at the same election of a constituency member of the London Assembly; or

d

in more than one Assembly constituency at the same ordinary election.

F573B

A person (“P”) is also guilty of an offence if P votes as proxy—

a

for more than four electors—

i

at a parliamentary election;

ii

where the polls for two or more parliamentary elections are held on the same day, at those elections taken together;

iii

at a local government election in England;

iv

where the polls for two or more local government elections in England are held on the same day, at those elections taken together;

b

for more than two electors—

i

at a parliamentary election, or

ii

where the polls for two or more parliamentary elections are held on the same day, at those elections taken together,

where P knows that more than two of those electors are registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration;

c

for more than two electors—

i

at a local government election in England, or

ii

where the polls for two or more local government elections in England are held on the same day, at those elections taken together,

where P knows that more than two of those electors are registered in a register of local government electors otherwise than in pursuance of a service declaration.

C62C954

A person shall also be guilty of an offence if he votes F58... F9at a local government election in any electoral areaF59in Wales or Scotland as proxy for more than two persons of whom he is not the F10spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.

C625

A person shall also be guilty of an offence if he knowingly induces or procures some other person to do an act which is, or but for that other person’s want of knowledge, would be, an offence by that other person under the foregoing subsections of this section.

C626

For the purposes of this section a person who has applied for a ballot paper for the purpose of voting in person, or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted F49(but see subsection F60(3B) or (6ZA)), but for the purpose of determining whether an application for a ballot paper constitutes an offence under subsection (4) above, a previous application made in circumstances which entitle the applicant only to mark a tendered ballot paper shall, if he does not exercise that right, be disregarded.

F486ZA

For the purpose of determining whether an application for a ballot paper constitutes an offence under any of the multiple voting provisions, a previous application is to be disregarded if the applicant’s failure to vote on that occasion resulted only from a failure to produce satisfactory proof of identity.

6ZB

In subsection (6ZA), “the multiple voting provisions” means subsections (2)(a)(i), (2A)(a) to (c), (3)(a)(i) and (3A)(a) to (c).

C62F116A

A person is not guilty of an offence under subsection (2)(b) or (3)(b) above only by reason of his having marked a tendered ballot paper in pursuance of rule 40(1ZC) or (1ZE) of the parliamentary elections rules.

C62F126A

Where a person is alleged to have committed an offence under subsection (2)(a)(i) or (3)(a)(i) above by voting on a second or subsequent occasion at a parliamentary election, he shall not be deemed by virtue of subsection (6) above to have voted by applying on a previous occasion for a ballot paper for the purpose of voting in person unless he then marked a tendered ballot paper under rule 40(1C) of the parliamentary elections rules.

C62F136B

Sub-paragraph (2) above does not prevent a person, at the polling station allotted to him at a local government election in Scotland, marking a tendered ballot paper in pursuance of any provision—

a

made under section 3(1) of the Local Governance (Scotland) Act 2004 (asp 9) as to the conduct of elections of councillors, and

b

which entitles him to do so despite the fact that he is or may be entitled to an absent vote at the election.

C627

An offence under this section shall be an illegal practice, but—

a

the court before whom a person is convicted of any such offence may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 below; and

b

a candidate shall not be liable, nor shall his election be avoided, for an illegal practice under this section of any agent of his other than an offence under subsection (5) above.

C13C14C6862 Offences as to declarations.

F141

A person who—

a

makes a declaration of local connection or a service declaration—

i

when he is not authorised to do so by section 7B(1) or section 15(1) above, or

ii

except as permitted by this Act, when he knows that he is subject to a legal incapacity to vote, or

iii

when he knows that it contains a statement which is false, or

b

attests a service declaration when he knows—

i

that he is not authorised to do so, or

ii

that it contains a false statement as to any particulars required by regulations under section 16 above,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

F151A

A person who makes a declaration under F45section 9B(1A)(a) above—

a

except as permitted by this Act, when he knows that he is subject to a legal incapacity to vote, or

b

when he knows that it contains a statement which is false,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

2

Where the declaration is available only for local government elections F16the references in subsections (1) and (1A) above to a legal incapacity to vote refer to a legal incapacity to vote at local government elections.

C15C16C17C18C48C53C58C64C9262AF39Offences relating to applications for postal and proxy votes

C711

A person commits an offence if he—

a

engages in an act specified in subsection (2) at a parliamentary or local government election, and

b

intends, by doing so, to deprive another of an opportunity to vote or to make for himself or another a gain of a vote to which he or the other is not otherwise entitled or a gain of money or property.

C712

These are the acts—

a

applying for a postal or proxy vote as some other person (whether that other person is living or dead or is a fictitious person);

b

otherwise making a false statement in, or in connection with, an application for a postal or proxy vote;

c

inducing the registration officer or returning officer to send a postal ballot paper or any communication relating to a postal or proxy vote to an address which has not been agreed to by the person entitled to the vote;

d

causing a communication relating to a postal or proxy vote or containing a postal ballot paper not to be delivered to the intended recipient.

C713

In subsection (1)(b), property includes any description of property.

C714

In subsection (2) a reference to a postal vote or a postal ballot paper includes a reference to a proxy postal vote or a proxy postal ballot paper (as the case may be).

C715

A person who commits an offence under subsection (1) or who aids, abets, counsels or procures the commission of such an offence is guilty of a corrupt practice.

6

This section does not apply to anything done at a local government election in Scotland.

62BF40Scottish local government elections: offences relating to applications for postal and proxy votes

1

This section applies in relation to a local government election in Scotland.

2

A person commits an offence if he—

a

engages in any of the acts specified in subsection (3) below at the election; and

b

intends, by doing so, to deprive another of an opportunity to vote or to make for himself or another a gain of a vote to which he or the other is not otherwise entitled or a gain of money or property.

3

The acts referred to in subsection (2)(a) above are—

a

applying for a postal or proxy vote as some other person (whether that other person is living or dead or is a fictitious person);

b

otherwise making a false statement in, or in connection with, an application for a postal or proxy vote;

c

inducing the registration officer or returning officer to send a postal ballot paper or any communication relating to a postal or proxy vote to an address which has not been agreed to by the person entitled to the vote;

d

causing a communication relating to a postal or proxy vote or containing a postal ballot paper not to be delivered to the intended recipient.

4

In subsection (2)(b) above, property includes any description of property.

5

In subsection (3) above a reference to a postal vote or a postal ballot paper includes a reference to a proxy postal vote or a proxy postal ballot paper (as the case may be).

6

A person who commits an offence under subsection (2) above or who aids, abets, counsels or procures the commission of such an offence is guilty of a corrupt practice.

F177

This subsection and subsection (6) extend to the whole of the United Kingdom, but otherwise this section extends only to Scotland.

C19C20C21C22C23C51C54C59C65C69C75C87C88C89C90F1863 Breach of official duty.

1

If a person to whom this section applies is, without reasonable cause, guilty of any act or omission in breach of his official duty, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

2

No person to whom this section applies shall be liable for breach of his official duty to any penalty at common law and no action for damages shall lie in respect of the breach by such a person of his official duty.

3

The persons to whom this section applies are—

a

the Clerk of the Crown (or, in Northern Ireland, the Clerk of the Crown for Northern Ireland),

b

any F43... registration officer, returning officer or presiding officer,

c

any other person whose duty it is to be responsible after a F19parliamentary or local government election for the used ballot papers and other documents (including returns and declarations as to expenses),

d

any F20official designated by a universal postal service provider, and

e

any deputy of a person mentioned in any of paragraphs (a) to (d) above or any person appointed to assist or in the course of his employment assisting a person so mentioned in connection with his official duties;

and “official duty” shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by the law relating to parliamentary or local government elections or the registration of parliamentary or local government electors.

F214

Where—

a

a returning officer for an election to which section 46 of the Electoral Administration Act 2006 applies is guilty of an act or omission in breach of his official duty, but

b

he remedies that act or omission in full by taking steps under subsection (1) of that section,

he shall not be guilty of an offence under subsection (1) above.

5

Subsection (4) does not affect any conviction which takes place, or any penalty which is imposed, before the date on which the act or omission is remedied in full.

F2264. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C24C25C26C27C45C49C55C60C66C7665 Tampering with nomination papers, ballot papers, etc.

1

A person shall be guilty of an offence, if, at a parliamentary or local government election, he—

C28a

fraudulently defaces or fraudulently destroys any nomination paper; or

b

fraudulently defaces or fraudulently destroys any ballot paper, or the official mark on any ballot paper, or any F23postal voting statement or declaration of identity or official envelope used in connection with voting by post; or

c

without due authority supplies any ballot paper to any person; or

d

fraudulently puts into any ballot box any paper other than the ballot paper which he is authorised by law to put in; or

e

fraudulently takes out of the polling station any ballot paper; or

f

without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the election; or

g

fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts.

2

In Scotland, a person shall be guilty of an offence if—

a

at a parliamentary or local government election, he forges any nomination paper, delivers to the returning officer any nomination paper knowing it to be forged, or forges or counterfeits any ballot paper or the official mark on any ballot paper; or

b

at a local government election, he signs any nomination paper as candidate or in any other capacity certifies the truth of any statement contained in it, knowing such statement to be false; or

c

he fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts.

C29F243

If a returning officer, a presiding officer or a clerk appointed to assist in taking the poll, counting the votes or assisting at the proceedings in connection with the issue or receipt of postal ballot papers is guilty of an offence under this section, he shall be liable—

a

on conviction on indictment to a fine, or to imprisonment for a term not exceeding 2 years, or to both;

b

on summary conviction, to a fine not exceeding the statutory maximum, or to imprisonment for a term not exceeding 6 months, or to both

4

If any other person is guilty of an offence under this section, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale, or to imprisonment for a term not exceeding 6 months, or to both.

F245

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F555

Subsections (3) and (4) do not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the offence.

C30F2565A False statements in nomination papers etc.

1

A person is guilty of a corrupt practice if, in the case of any relevant election, he causes or permits to be included in a document delivered or otherwise furnished to a returning officer for use in connection with the election—

a

a statement of the name or home address of a candidate at the election which he knows to be false in any particular; or

F26aa

(where the election is a parliamentary election) a statement under rule 6(5)(b) of Schedule 1 to this Act which he knows to be false in any particular; or

b

anything which purports to be the signature of an elector who proposes, seconds or assents to, the nomination of such a candidate but which he knows—

i

was not written by the elector by whom it purports to have been written, or

ii

if written by that elector, was not written by him for the purpose of signifying that he was proposing, seconding, or (as the case may be) assenting to, that candidate’s nominationF27 or

c

a certificate authorising for the purposes of rule 6A of the parliamentary elections rules the use by a candidate of a description if he knows that the candidate is standing at an election in another constituency in which the poll is to be held on the same day as the poll at the election to which the certificate relates.

F281A

A person is guilty of a corrupt practice if, in the case of any relevant election, he makes in any document in which he gives his consent to his nomination as a candidate—

a

a statement of his date of birth,

b

a statement as to his qualification for being elected at that election, or

c

a statement that he is not a candidate at an election for any other constituency the poll for which is to be held on the same day as the poll at the election to which the consent relates,

which he knows to be false in any particular.

1B

For the purposes of subsection (1A), a statement as to a candidate's qualification is a statement—

a

that he is qualified for being elected,

b

that he will be qualified for being elected, or

c

that to the best of his knowledge and belief he is not disqualified for being elected.

2

In this section “relevant election” means—

a

any parliamentary election, or

b

F29except for the purposes of subsections (1)(c) and (1A)(c), any local government election in England or Wales.

65BF41Scottish local government elections: false information in nomination papers etc.

1

This section applies in relation to a local government election in Scotland.

2

A person is guilty of a corrupt practice if he causes or permits to be included in a document delivered or otherwise furnished to a returning officer for use in connection with the election—

a

a statement of the name or home address of a candidate at the election which he knows to be false in any particular; or

b

anything which purports to be the signature of an elector who proposes, seconds or assents to the nomination of such a candidate but which he knows—

i

was not written by the elector by whom it purports to have been written; or

ii

if written by that elector, was not written by him for the purpose of signifying that he was proposing, seconding or, as the case may be, assenting to that candidate's nomination.

3

A person is guilty of a corrupt practice if he makes in any document in which he gives his consent to his nomination as a candidate at the election—

a

a statement of his date of birth; or

b

a statement as to his qualification for being elected at the election,

which he knows to be false in any particular.

4

For the purposes of subsection (3) above, a statement as to a candidate's qualification is a statement—

a

that he is qualified for being elected;

b

that he will be qualified for being elected; or

c

that to the best of his knowledge and belief he is not disqualified for being elected.

C39C93C31C32C33C34C35C36C37C38C97C96C98C9966 Requirement of secrecy.

C721

The following persons—

a

every returning officer and every presiding officer or clerk attending at a polling station,

b

every candidate or election agent or polling agent so attending,

F30c

every person so attending by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000,

F44d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall maintain and aid in maintaining the secrecy of voting and shall not, except for some purpose authorised by law, communicate to any person before the poll is closed any information as to—

i

the name of any elector or proxy for an elector who has or has not applied for a ballot paper or voted at a polling station;

ii

the number on the register of electors of any elector who, or whose proxy, has or has not applied for a ballot paper or voted at a polling station; or

iii

the official mark.

C722

Every person attending at the counting of the votes shall maintain and aid in maintaining the secrecy of voting and shall not—

a

ascertain or attempt to ascertain at the counting of the votes the number F31or other unique identifying mark on the back of any ballot paper;

b

communicate any information obtained at the counting of the votes as to the candidate for whom any vote is given on any particular ballot paper.

C723

No person shall—

a

interfere with or attempt to interfere with a voter when recording his vote;

b

otherwise obtain or attempt to obtain in a polling station information as to the candidate for whom a voter in that station is about to vote or has voted;

c

communicate at any time to any person any information obtained in a polling station as to the candidate for whom a voter in that station is about to vote or has voted, or as to the number F32or other unique identifying mark on the back of the ballot paper given to a voter at that station;

d

directly or indirectly induce a voter to display his ballot paper after he has marked it so as to make known to any person the name of the candidate for whom he has or has not voted.

F513A

No person may—

a

except for some purpose authorised by law, obtain or attempt to obtain information, or communicate at any time to any other person any information, as to the number or other unique identifying mark on the back of a ballot paper sent to a person for voting by post at a relevant election;

b

except for some purpose authorised by law, obtain or attempt to obtain information, or communicate at any time to any other person any information, as to the official mark on a ballot paper sent to a person for voting by post at a relevant election;

c

obtain or attempt to obtain information, in the circumstances mentioned in subsection (3B), as to the candidate for whom a person voting by post at a relevant election (“V”) is about to vote or has voted;

d

communicate at any time to any other person information obtained in contravention of paragraph (c).

3B

The circumstances referred to in subsection (3A)(c) are where V is about to mark, is in the process of marking, or has just marked, a ballot paper sent to V for voting by post at the election.

3C

But—

a

a person (“E”) who is voting by proxy does not contravene subsection (3A) by obtaining or attempting to obtain from the person appointed as E’s proxy information as to a matter mentioned in paragraph (a) or (c) of that subsection that relates to E’s vote, and

b

a person who is appointed as proxy for an elector does not contravene subsection (3A) by communicating to that elector information as to a matter mentioned in paragraph (a) or (c) of that subsection that relates to that elector’s vote.

3D

Subsection (3A)(c) and (d) does not apply where the purpose (or main purpose) for which the information is sought or communicated is its use for the purposes of—

a

a published statement relating to the way in which voters intend to vote or have voted at the relevant election, or

b

a published forecast as to the result of that election which is based on information given by voters.

3E

In subsection (3D)

a

forecast” includes estimate;

b

published” means made available to the public at large or to any section of the public, in whatever form and by whatever means;

c

the reference to the result of the relevant election is a reference to the result of the election either as a whole or so far as any particular candidate or candidates at the election is or are concerned.

3F

A person voting as proxy for an elector at a relevant election—

a

must not communicate at any time to any person other than that elector any information as to the candidate for whom the person is about to vote, or has voted, as proxy for that elector;

b

except for some purpose authorised by law, must not communicate at any time to any person other than that elector the number or other unique identifying mark on the back of a ballot paper sent or delivered to the person for voting as proxy for that elector.

C724

Every person attending the proceedings in connection with the issue or the receipt of ballot papers for persons voting by post shall maintain and aid in maintaining the secrecy of the voting and shall not—

a

Except for some purpose authorised by law, communicate, before the poll is closed, to any person any information obtained at those proceedings as to the official mark; or

b

except for some purpose authorised by law, communicate to any person at any time any information obtained at those proceedings as to the number F33or other unique identifying mark on the back of the ballot paper sent to any person; or

c

except for some purpose authorised by law, attempt to ascertain at the proceedings in connection with the receipt of ballot papers the number F34or other unique identifying mark on the back of any ballot paper; or

d

attempt to ascertain at the proceedings in connection with the receipt of the ballot papers the candidate for whom any vote is given in any particular ballot paper or communicate any information with respect thereto obtained at those proceedings.

F524A

No person having undertaken to assist a relevant voter to vote at a relevant election may communicate at any time to any person except that voter any information as to—

a

the candidate for whom the voter intends to vote or has voted, or

b

the number or other unique identifying mark on the back of the ballot paper given for the use of the voter.

4B

In subsection (4A) “relevant voter” means a voter who is blind, has another disability, or is unable to read.

C725

No person having undertaken to assist a blind voter to vote F53at an election in Scotland or Wales under the local government Act shall communicate at any time to any person any information as to the candidate for whom that voter intends to vote or has voted, or as to the number F35or other unique identifying mark on the back of the ballot paper given for the use of that voter.

C726

If a person acts in contravention of this section he shall be liable on summary conviction F36to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months.

F546A

In this section, “relevant election” means—

a

a parliamentary election, or

b

an election in England under the local government Act.

F377

In their application in relation to an election of the London members of the London Assembly at an ordinary election, the preceding provisions of this section shall have effect with the insertion, after the words “the candidate for whom”, in each place where they occur, of “, or the registered political party towards the return of whose candidates,”.

F378

In relation to an election of the London members of the London Assembly at an ordinary election, any reference in this section to the return of a registered political party’s candidates is a reference to the return of candidates included in the list of candidates submitted by the registered political party for the purposes of the election.

C40C41C42C50C56C61C67C77F3866A Prohibition on publication of exit polls.

1

No person shall, in the case of an election to which this section applies, publish before the poll is closed—

a

any statement relating to the way in which voters have voted at the election where that statement is (or might reasonably be taken to be) based on information given by voters after they have voted, or

b

any forecast as to the result of the election which is (or might reasonably be taken to be) based on information so given.

2

This section applies to—

a

any parliamentary election; and

b

any local government election in England or Wales.

3

If a person acts in contravention of subsection (1) above, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months.

4

In this section—

  • forecast” includes estimate;

  • publish” means make available to the public at large, or any section of the public, in whatever form and by whatever means;

and any reference to the result of an election is a reference to the result of the election either as a whole or so far as any particular candidate or candidates at the election is or are concerned.

C7866BF42Failure to comply with conditions relating to supply etc. of certain documents

1

A person is guilty of an offence—

a

if he fails to comply with any conditions imposed in pursuance of regulations under rule F5619B, 56A or 57 of the parliamentary elections rules, or

b

if he is an appropriate supervisor of a person (P) who fails to comply with such a condition and he failed to take appropriate steps.

2

P is not guilty of an offence under subsection (1) if—

a

he has an appropriate supervisor, and

b

he has complied with all the requirements imposed on him by his appropriate supervisor.

3

A person who is not P or an appropriate supervisor is not guilty of an offence under subsection (1) if he takes all reasonable steps to ensure that he complies with the conditions.

4

In subsections (1)(b) and (2)—

a

an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is;

b

appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the conditions.

5

A person guilty of an offence as mentioned in subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.