Secrecy Requirements

The requirements in Section 66 of the Representation of the People Act 1983 help to maintain the secrecy of the ballot. They apply to all candidates, election agents and polling agents, and to every person attending at the polling stations, the issue and receipt of postal ballot papers and the count. Section 66 is reproduced below in full, for use by candidates, election agents, polling and counting agents.

Representation of the People Act 1983

Requirement of Secrecy

66. – (1) 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, 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 electors of any elector who, or whose proxy, has or has not applied for ballot paper of voted at a polling station; or
(iii) the official mark.

(2) 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 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.

(3) 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 as voter in that station is about to vote or has voted, or as to the number on the back of the ballot paper given to a voter that station;
(d) directly or indirectly induce a voter to display his ballot paper after he has marked it so as to make know to any person the name of the candidate for whom he has or not voted.

(4) Every person attending the proceedings in connection with the issue of 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 information obtained at those proceedings as to the number 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 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 candidates for whom any vote is given in any particular ballot paper or communicate any information with respect thereto obtained at those proceedings.

(5) No person having undertaken to assist a blind voter to vote shall communicate at any time to any person any information as to the candidate for whom that voter intends to vote or had voted, or as the number on the back of the ballot paper given for the use of that voter.

(6) If a person acts in contravention of this section he shall be liable on summary conviction to a fine not exceeding level 5 (Currently £5,000) on the standard Scale or to imprisonment for a term not exceeding 6 months.

Contact Information
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