Requirement of secrecy
35.—(1) The following persons attending at a polling station, namely—
(a)a returning officer;
(b)a presiding officer or clerk;
(c)a candidate or election agent or polling agent; or
(d)a person attending by virtue of any of sections 6A to 6D of the 2000 Political Parties Act,
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 on any ballot paper.
(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 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 votes as to how any vote is given on any particular ballot paper.
(3) No person shall—
(a)interfere with or attempt to interfere with a voter when giving his vote;
(b)otherwise obtain or attempt to obtain in a polling station information as to how 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 how 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 a ballot paper given to a voter at that station; or
(d)directly or indirectly induce a voter to display a ballot paper after he has marked it so as to make known to any person how he has or has not voted.
(4) 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;
(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;
(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; or
(d)attempt to ascertain at the proceedings in connection with the receipt of the ballot papers how any vote is given on any particular ballot paper or communicate any information with respect thereto obtained at those proceedings.
(5) No person having undertaken to assist a voter with disabilities shall communicate at any time to any person any information as to how 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 article 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.
(7) In relation to an offence committed after commencement of section 281(5) of the Criminal Justice Act 2003, the reference in paragraph (6) to 6 months must be taken to be a reference to 51 weeks.