European Parliament Elections Act 1997

Breach of secrecy.

106. (1) A person who is present at the issue of ballot papers to postal voters or at voting by special voters or at the opening of postal voters ballot boxes shall be guilty of an offence if, except for some purpose authorised by law, the person—

(a) communicates, before the poll is closed, to any person any information obtained at the said issue or the said voting as to the official mark, or

(b) attempts to ascertain at the said issue or the said voting or the said opening the number on the back of any ballot paper or the candidate for whom any vote is given in any ballot paper, or communicates to any other person any information with respect thereto obtained at the said issue or the said voting or the said opening.

(2) A person admitted to a polling station in any capacity at a European election shall be guilty of an offence if, before the poll is closed, the person communicates, except for some purpose authorised by law, to any other person any information as to the name or the number on the register of European electors of any voter who has or has not applied for a ballot paper or voted at a polling station, or as to the official mark.

(3) A person who is present in any capacity at the verification of ballot paper accounts or the counting of the votes at a European election shall be guilty of an offence if, except for some purpose authorised by law, the person ascertains or attempts to ascertain at such verification or such counting the number on the back of any ballot paper, or if at any time the person communicates any information obtained at such verification or such count as to the candidate for whom any vote is given on any ballot paper.

(4) A person shall be guilty of an offence if, at a European election, except for some purpose authorised by law, the person—

(a) interferes with or attempts to interfere with a voter when marking a ballot paper, or obtains or attempts to obtain in a polling station information as to the candidate for whom any voter in the station is about to vote or has voted, or

(b) communicates at any time to any other person any information obtained in a polling station as to the candidate for whom a voter in that station is about to vote or has voted, or as to the number on the back of the ballot paper issued to a voter at that station, or

(c) directly or indirectly induces any voter to display a ballot paper after the said voter has marked it so as to make known to any person the name of the candidate for whom the said voter has or has not voted, or

(d) interferes with or attempts to interfere with the receipt, marking or return of a ballot paper by any postal voter or attempts to obtain information as to the candidate for whom any such voter has or has not voted.