The National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010

Requirement of secrecy

6.—(1) The following persons attending at a polling station ,namely-—

(a) the Chief Counting Officer, a Deputy Chief Counting Officer or a counting officer;

(b) a deputy of a counting officer;

(c) a presiding officer or clerk;

(d) a referendum agent;

(e) a polling agent; and

(f) any person so attending by virtue of any of sections 6A to 6D of the 2000 Act,

must maintain and aid in maintaining the secrecy of voting in the referendum and must 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 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 on any ballot paper.

(2) A person attending at the counting of the votes must maintain and aid in maintaining the secrecy of voting and must not —

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

(b) communicate any information obtained at the counting of the votes as to the referendum answer for which any vote is given on any particular ballot paper.

(3) A person must not —

(a) interfere with or attempt to interfere with a voter when recording the voter’s vote;

(b) otherwise obtain or attempt to obtain in a polling station information as to the referendum answer for which 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 referendum answer for which a voter in that station is about to vote or has voted, or as to the number or other unique identifying mark on the back of the ballot paper given to a voter at that station; or

(d) directly or indirectly induce a voter to display a ballot paper after the voter has marked it so as to make known to any person the referendum answer for which the voter has or has not voted.

(4) A person attending the proceedings in connection with the issue or the receipt of ballot papers for persons voting by post in the referendum must maintain and aid in maintaining the secrecy of the voting and must 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 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, attempt to ascertain at the proceedings in connection with the receipt of ballot papers the number or other unique identifying mark on the back of any ballot paper sent to any person; or

(d) attempt to ascertain at the proceedings in connection with the receipt of the ballot papers the referendum answer for which any vote is given in any particular ballot paper or communicate any information with respect thereto obtained at those proceedings.

(5) A person having undertaken to assist a voter with disabilities to vote must not communicate at any time to any person any information as to the referendum answer for which that voter intends to vote or has voted, or as to the number or other unique identifying mark on the back of the ballot paper given for the use of that voter.

(6) If a person acts in contravention of this paragraph the person is 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.

(7) In relation to an offence committed after the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in sub-paragraph (6) to 6 months is to be read as a reference to 51 weeks.

(8) In this paragraph a voter with disabilities is a voter who has made a declaration under rule 27(1) of the Referendum Rules.