Article 35 Requirement of secrecyI1
England and Wales
Except where authorised by law, the following persons must maintain, and aid in maintaining, the secrecy of voting in relation to the information described in paragraph (2) until the close of the poll—
a returning officer or a member of staff of a returning officer,
a presiding officer or clerk appointed under rule 35 of Schedule 5,
a candidate, election agent or polling agent, or
any person attending by virtue of any of sections 6A to 6D of the 2000 Political Parties Actf1.
The information to which paragraph (1) refers is—
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,
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
the official mark on any ballot paper.
Every person attending at the counting of the votes must maintain and aid in maintaining the secrecy of voting and must not—
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
communicate any information obtained at the counting of votes as to how any vote is given on any particular ballot paper.
No person may—
interfere with, or attempt to interfere with, a voter when they are giving their vote,
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,
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
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 how the voter has or has not voted.
Every person attending the proceedings in connection with the issue or the receipt of ballot papers for persons voting by post must maintain and aid in maintaining the secrecy of the voting and must not—
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,
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,
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
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 obtained at those proceedings in that regard.
No person having undertaken to assist a voter with disabilities may 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.
If a person acts in contravention of this article that person is liable on summary conviction to—
a fine not exceeding level 5 on the standard scale, or
imprisonment for a term not exceeding 6 months.
In relation to an offence committed after the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in paragraph (7) to 6 months must be taken to be a reference to 51 weeks.
Annotations
Commencement
- I1
Art. 35 in force at 18.7.2025, see art. 1(2)
Footnotes
- f1
Sections 6A to 6D were inserted by section 29 of the Electoral Administration Act 2006 (c. 22). Section 6A was amended by paragraph 10 of Schedule 10 to Police Reform and Social Responsibility Act 2011 (c. 13); paragraph 3 of Schedule 6 to the Recall of MPs Act 2015 (c. 25) and S.I. 2007/1388. Section 6C was amended by paragraph 5 of Schedule 2 to the Senedd and Elections (Wales) Act 2020 (anaw 1). Section 6D was amended by paragraph 6 of Schedule 2 to the Senedd and Elections (Wales) Act 2020.