Policy background
- The Act seeks to strengthen the secrecy of votes cast in polling stations at elections and aims to address concerns of voters being accompanied by other persons into or near polling booths and being influenced into voting in a particular way (so called "family voting").
- There are existing offences in the Representation of the People Act 1983 ("RPA 1983") and the Electoral Law Act (Northern Ireland) 1962 ("1962 Act") designed to safeguard the secrecy of voting and to prevent voters being subject to inappropriate or undue influence from other persons when casting their vote. Electoral law currently provides that it is an offence for a person to carry out particular activity for the purpose of inducing or compelling a voter to vote in a particular way (or refrain from voting), or to interfere with or attempt to interfere with a voter while they are voting, or to find out or attempt to find out in a polling station for whom they are about to vote or have voted.
- The measures in the Act are designed to strengthen the existing law concerning the secrecy of voting. The Act introduces new offences to provide clarity that a voter should enter a polling booth alone when completing a ballot paper and not be accompanied by another person (unless, as per existing law, they are a companion of a disabled voter who has made the required written declaration acting in that capacity; the presiding officer assisting the voter acting in that capacity; or a child under the voter’s supervision).
- The measures will support presiding officers to challenge such behaviour in polling stations, and assist in the prosecution of cases where necessary, and support the Electoral Commission in producing guidance to Returning Officers and polling station staff on the issue.
