Ballot Secrecy Bill [HL]

1 Amendment of the Representation of the People Act 1983

In the Representation of the People Act 1983, before section 63 insert—

“62C Influencing voters at polling booths

(1)

A person who—

(a)

is with another person at a polling booth, and

(b)

intends to influence that other person to vote in a particular
way or to refrain from voting,

commits an offence.

(2)

A person who—

(a)

is near a polling booth when another person is at that booth,
and

(b)

intends to influence that other person to vote in a particular
way or to refrain from voting,

commits an offence.

(3)

For the purposes of this section—

(a)

a "polling booth" is a compartment in a polling station in which
voters can mark votes screened from observation;

(b)

assisting a person with voting, in accordance with rule 39 of
Schedule 1 or any other legislation, is not influencing that
person to vote in a particular way or to refrain from voting;

(c)

a person may be near one polling booth while at a different
polling booth.

(4)

A person who commits an offence under this section is liable on
summary conviction—

(a)

in England and Wales, to imprisonment for a term not
exceeding 6 months, to a fine or to both;

(b)

in Scotland or Northern Ireland, to imprisonment for a term
not exceeding 6 months, to a fine not exceeding level 5 on the
standard scale or to both.

(5)

This section does not have effect in relation to an election in Scotland
or Wales under the local government Act.”

2 Amendment of Northern Ireland legislation

(1)

In the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.))—

(a)

in section 111, in subsection (2A), after paragraph (c) insert—

“(ca)

in the case of an offence under paragraph 26A of
Schedule 9, on summary conviction to imprisonment
for a term not exceeding 6 months, to a fine not
exceeding level 5 on the standard scale or to both;”;

(b)

in Part 3 of Schedule 9, after paragraph 26 insert—

“26A

(1)

A person who—

(a)

is with another person at a polling booth, and

(b)

intends to influence that other person to vote in a
particular way or to refrain from voting,

commits an offence.

(2)

A person who—

(a)

is near a polling booth when another person is at
that booth, and

(b)

intends to influence that other person to vote in a
particular way or to refrain from voting,

commits an offence.

(3)

For the purposes of this paragraph—

(a)

a "polling booth" is a compartment in a polling station
in which voters can mark votes screened from
observation;

(b)

assisting a person with voting, in accordance with
rule 36 of Schedule 5 or any other legislation, is not
influencing that person to vote in a particular way
or to refrain from voting;

(c)

a person may be near one polling booth while at a
different polling booth.”

(2)

In Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I.
2001/2599), in the table, before the entry for section 63 of the Representation
of the People Act 1983 insert—

“Section 62C (influencing voters at polling booths)”

3 Extent, commencement and short title

(1)

Section 1 , section 2 (2) and this section extend to England and Wales, Scotland
and Northern Ireland.

(2)

Section 2 (1) extends to Northern Ireland only.

(3)

This section comes into force on the day on which this Act is passed.

(4)

The other provisions of this Act come into force on such day or days as the
Secretary of State may, by regulations, appoint.

(5)

Regulations under subsection (4) may appoint different days for different
purposes or areas.

(6)

The Secretary of State may, by regulations, make transitional, transitory or
saving provision in connection with the coming into force of any provision
of this Act.

(7)

Regulations under subsection (6) may make different provision for different
purposes or areas.

(8)

Regulations under this section are to be made by statutory instrument.

(9)

This Act may be cited as the Ballot Secrecy Act 2022.