OSCEs Parlamentariske Forsamling 2014-15 (1. samling)
OSCE Alm.del Bilag 18
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Representation of the People Act 1983
The requirements in Section 66 of the Representation of the People Act 1983
help to maintain the secrecy of the ballot. They apply to all accredited
observers at polling stations, the issue and receipt of postal ballot papers and
the count. Section 66 is reproduced below in full, for use by observers.
Requirement of secrecy
66. – (1) The following persons –
(a)
(b)
(c)
every Returning Officer and every Presiding Officer or clerk
attending at a polling station,
every candidate or election agent or polling agent so attending,
every person so attending by virtue of any of sections 6A to 6D of
the Political Parties, Elections and Referendums Act 2000
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)
(ii)
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.
(iii)
(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 the votes the
number or other unique identifying mark on the back of any ballot
paper;
communicate any information obtained at the counting of the votes
as to the candidate for whom any vote is given on any particular
ballot paper.
(b)
(3) No person shall –
(a)
(b)
interfere with or attempt to interfere with a voter when recording his
vote;
otherwise obtain or attempt 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;
communicate at any time to any person any information obtained in
a polling station as to the candidate for whom as 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;
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(c)
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(d)
directly or indirectly induce 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.
(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; or
except for some purpose authorised by law, communicate to any
person at any time 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
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 the candidate for whom any vote is
given in any particular ballot paper or communicate any information
with respect thereto obtained at those proceedings.
(b)
(c)
(d)
(5) No person having undertaken to assist a blind voter to vote shall
communicate at any time to any person any information as to the candidate
for whom 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 section 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 their application in relation to an election of the London members of the
London Assembly at an ordinary election, the preceding provisions of this
section shall have effect with the insertion, after the words ‘the candidate for
whom’, in each place where they occur, of ‘, or the registered political party
towards the return of whose candidates,’.
(8) In relation to an election of the London members of the London Assembly
at an ordinary election, any reference in this section to the return of a
registered political party’s candidates is a reference to the return of candidates
included in the list of candidates submitted by the registered political party for
the purposes of the election.
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Declaration by a nominated observer
This declaration must be signed and dated by each nominated observer.
I have read and understood the Commission’s Code of Conduct for electoral
observation organisations and agree to abide by the Code.
I declare that I have been provided with a copy of section 66 of the
Representation of the People Act 1983 or its corresponding provision, I
understand its provisions and I will aid in maintaining the secrecy of the ballot
at UK elections and referendums.
I have not been reported or found guilty of a corrupt or illegal electoral practice
anywhere in the United Kingdom in the five years previous to the date of this
nomination. I have not been found guilty of an electoral offence anywhere in
the world in the five years previous to the date of nomination.
Signed:
______________________________________________
Print name:
______________________________________________
Date:
______________________________________________
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