Electoral Law Act (Northern Ireland) 1962

27 (1) A person attending at or admitted to a polling station in any capacity at an election shall be guilty of an electoral offence if before the poll is closed he communicates to any other person any information as to— N.I.

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

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

(c) the official mark.

(2) Any person attending in any capacity at the count at any election shall be guilty of an electoral offence if he—

(a) ascertains or attempts to ascertain at the count the number [F1 or other unique identifying mark] on the back of any ballot paper; or

(b) at any time communicates any information obtained at the count as to the candidate for whom any vote is given on any particular ballot paper.

(3) A person shall be guilty of an electoral offence if he—

(a) interferes with or attempts to interfere with a voter when recording his vote; or

(b) otherwise obtains or attempts 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; or

(c) communicates 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 [F2 or other unique identifying mark] on the back of the ballot paper issued to a voter at that station; or

(d) directly or indirectly induces 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; F3 ...

F4 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (3A) A person is guilty of an electoral offence if the person—

(a) except for some purpose authorised by law, obtains or attempts to obtain information, or communicates 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 local election;

(b) except for some purpose authorised by law, obtains or attempts to obtain information, or communicates 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 local election;

(c) obtains or attempts to obtain information, in the circumstances mentioned in sub-paragraph (3B), as to the candidate for whom a person voting by post at a local election (“V”) is about to vote or has voted; or

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

(3B) The circumstances referred to in sub-paragraph (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 is not guilty of the offence under sub-paragraph (3A) if E obtains or attempts to obtain from the person appointed as E’s proxy information as to a matter mentioned in paragraph (a) or (c) of that sub-paragraph that relates to E’s vote, and

(b) a person who is appointed as proxy for an elector is not guilty of the offence under sub-paragraph (3A) if the person communicates to that elector information as to a matter mentioned in paragraph (a) or (c) of that sub-paragraph that relates to that elector’s vote.

(3D) Sub-paragraph (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 election, or

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

(3E) In sub-paragraph (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 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 local election is guilty of an electoral offence if the person—

(a) communicates 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; or

(b) except for some purpose authorised by law, communicates at any time to any person other than that elector any information as to 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.]

(4) Any person attending the proceedings in connection with the issue or receipt of ballot papers for persons voting by post shall be guilty of an electoral offence if he—

(a) communicates, 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, communicates to any person at any time any information obtained at those proceedings as to the number [F6 or other unique identifying mark] on the back of the ballot paper sent to any person; or

(c) except for some purpose authorised by law, attempts to ascertain at the proceedings in connection with the receipt of ballot papers the number [F7 or other unique identifying mark] on the back of any ballot paper; or

(d) attempts 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 communicates any information with respect thereto obtained at those proceedings.

[F8 (5) A person who has undertaken to assist a relevant voter to vote at a local election is guilty of an electoral offence if the person communicates 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.

(6) In sub-paragraph (5) “relevant voter” means a voter who is blind, has another disability, or is unable to read.]

F1 Words in Sch. 9 para. 27(2)(a) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 62(2); S.I. 2008/1316, art. 2(3), 5(f)(iii)

F2 Words in Sch. 9 para. 27(3)(c) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 62(3); S.I. 2008/1316, art. 2(3), 5(f)(iii)

F3 Word in Sch. 9 para. 27(3)(d) omitted (12.12.2023) by virtue of Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 27(2)(a); S.I. 2023/1234, reg. 2(e)(iii) (with reg. 3)

F4 Sch. 9 para. 27(3)(e) omitted (12.12.2023) by virtue of Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 27(2)(b); S.I. 2023/1234, reg. 2(e)(iii) (with reg. 3)

F5 Sch. 9 para. 27(3A)-(3F) inserted (12.12.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 27(3); S.I. 2023/1234, reg. 2(e)(iii) (with reg. 3)

F6 Words in Sch. 9 para. 27(4)(b) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 62(4); S.I. 2008/1316, art. 2(3), 5(f)(iii)

F7 Words in Sch. 9 para. 27(4)(c) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 62(4); S.I. 2008/1316, art. 2(3), 5(f)(iii)

F8 Sch. 9 para. 27(5)(6) inserted (12.12.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 27(4); S.I. 2023/1234, reg. 2(e)(iii) (with reg. 3)