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ContentsSchedule of election and referendum-related crimes and penalties

Public Order Act 1986

Model memorandum of understanding

Key stages in the election process

Chief executive/chief constable template letter

Template warning letter for RPA imprint offences

Local authority guidance for handling evidence

Example imprint and general imprint rules

Key contacts

Previous allegations

Force election SPOC/local authority contact checklist

Maintaining order outside polling stations

1Policing elections APP reference material

Schedule of election and referendum-related crimes and penaltiesRepresentation of the People Act (RPA) 1983Each election and referendum will have its own legislation but offences typically mirror those in the RPA 1983.

RPA 1983 section

Summary of offence Person or persons liable

Category of offence

Penalty

13D(1) False registration information Providing, for any purpose connected with the registration of electors, false information to a registration officerA person does not commit an offence under section 13D(1) if they did not know, and had no reason to suspect, that the information was false

Any person Up to six months’ imprisonment and/oran unlimited fine

Note: when section 281(5) Criminal Justice Act 2003 comes into force the maximum period of imprisonment will be 51 weeks

13D(1A) False information in relation to postal/proxy voting Providing false information in connection with an application to which any of the following apply:a. Where a person applies to the registration

officer to vote by post at parliamentary elections, at local government elections or at both (whether for an indefinite period or for a particular period specified in their

Any person Up to six months’ imprisonment and/oran unlimited fine

Note: when section 281(5) Criminal Justice Act 2003 comes into force the maximum period of imprisonment will be


RPA 1983 section


Category of offence

Penalty

application), orWhere a person applies to the registration officer to vote by proxy at parliamentary elections, at local government elections or at both (whether for an indefinite period or for a particular period specified in their application), paragraph 3(1) or (2), Schedule 4, RPA 2000

b. Where a person applies to the registration officer to vote by post at a particular parliamentary or local government election or Where a person applies to the registration officer to vote by proxy at a particular parliamentary or local government election, paragraph 4(1) or (2), Schedule 4, RPA 2000

c. Where a person applies to the registration officer to vote by post: i. as proxy at parliamentary elections,

at local government elections or at both (whether for an indefinite period or for a particular period specified in their application), or

ii. as proxy at a particular parliamentary or local government election, paragraph 7(4), Schedule 4 to the RPA 2000

51 weeks


RPA 1983 section


Category of offence

Penalty

A person does not commit an offence under section 13D(1A) if they did not know, and had no reason to suspect, that the information was false

60 PersonationVotes at a parliamentary or local government election in person or by post as some other person, or votes in person or by post as proxy for a person they know/have reasonable grounds to assume is dead/fictitious or their proxy is no longer in force

Any person (who commits, aids, abets, counsels or procures the commission of the offence of personation)

Corrupt practice

On summary conviction: an unlimited fine and/or up to six months’ imprisonment.On indictment: fine and/or up to two years’ imprisonment

61(1) Voting whilst under a legal incapacitya. Voting in person or by post, whether as an

elector or as proxy, or applying to vote by proxy or by post as an elector, knowing that they are subject to a legal incapacity

b. Applying to appoint a proxy knowing that either the elector or proxy is subject to a legal incapacity

c. Voting in person or by post as a proxy for a person they know is subject to a legal incapacity

Any person Illegal practice

An unlimited fine

61(2)(a) Multiple votingVoting as elector other than by proxy either:

i. more than once in the same constituency at any parliamentary


An unlimited fine


RPA 1983 section


Category of offence

Penalty

election, or more than once in the same electoral area at any local government election, or

ii. in more than one constituency at a parliamentary general election, or in more than one electoral area at an ordinary election of councillors for a local government area which is not a single electoral area, or

iii. in any constituency/electoral area (which is not a single electoral area) when there is in force an appointment of a person to vote as their proxy at the election in some other constituency/electoral area

This does not apply at London Mayoral and London Assembly elections

61(2)(b) Multiple votingVoting as an elector in person at a parliamentary or local government election at which you are entitled to vote by post


An unlimited fine

61(2)(c) Multiple votingVoting as an elector in person at a parliamentary or local government election, knowing that a person appointed to vote as your proxy at the election either has already voted in person or is entitled to vote by post


An unlimited fine


RPA 1983 section


Category of offence

Penalty

61(2)(d) Multiple votingApplying for a person to be appointed as a proxy to vote for you at parliamentary elections without applying for the cancellation of a previous appointment of a third person then in force or without withdrawing a pending application for such an appointment


An unlimited fine

61(2A) Multiple votingAt London Mayoral and London Assembly elections, voting as an elector otherwise than by proxy more than once:a. at the same election of the Mayor of Londonb. at the same election of London members of

the London Assemblyc. at the same election of a constituency

member of the London Assembly (in the same constituency)

d. in more than one Assembly constituency or in any Assembly constituency at an ordinary election, or election of the Mayor of London voting as an elector otherwise than by proxy when there is in force an appointment of a person to vote as their proxy at the election in some other Assembly constituency


An unlimited fine

61(3) Multiple votinge. Voting as a proxy for the same elector

either:


An unlimited fine


RPA 1983 section


Category of offence

Penalty

i. more than once in the same constituency at any parliamentary election, or more than once in the same electoral area at any local government election, or

ii. in more than one constituency at a general election, or in more than one electoral area at an ordinary election of councillors for a local government area which is not a single electoral area, or

f. Voting in person as a proxy for an elector at a parliamentary or local government election at which they are entitled to vote as a proxy by post, or

g. … (repealed)h. Voting in person as a proxy for an elector at

a parliamentary or local government election knowing that the elector has already voted in person at the election

61(3A) Multiple voting – Assembly electionsA person shall be guilty of an offence if he votes as a proxy for the same elector:a. more than once at the same election of the

Mayor of Londonb. more than once at the same election of the

London members of the London Assembly at an ordinary election

c. more than once in the same Assembly


An unlimited fine


RPA 1983 section


Category of offence

Penalty

constituency at the same election of a constituency member of the London Assembly, or

d. in more than one Assembly constituency at the same ordinary election.

61(4) Multiple votingVoting at a parliamentary election in any constituency (or local government election in any electoral area) as proxy for more than two persons of whom they are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild


An unlimited fine

61(5) Multiple votingKnowingly inducing or procuring some other person to do an act which is, or but for that other person’s want of knowledge would be, an offence by that person under the relevant subsection of section 61


An unlimited fine

62(1) Offences as to declarationsMaking a declaration of local connection or a service declaration:

i. when a person is not authorised to do so by section 7B(1) or section 15(1)

ii. except as permitted by this Act, when they know that they are subject to legal incapacity to vote, or

iii. when they know that it contains a

Any person An unlimited fine


RPA 1983 section


Category of offence

Penalty

statement which is false, orAttesting a service declaration when a person knows:

i. that they are not authorised to do so, orii. that it contains a false statement as to

any particulars required by regulations under section 16

62A Offences relating to applications for postal and proxy votesEngaging in one of the following acts with the intention, by doing so, to deprive another of an opportunity to vote or to make for themselves or another a gain of a vote, to which they or the other are not otherwise entitled, or a gain of money or property:a. applying for a postal or proxy vote as some

other person (whether that other person is living or dead or is a fictitious person)

b. otherwise making a false statement in, or in connection with, an application for a postal or proxy vote

c. inducing the registration officer or returning officer to send a postal ballot paper or any communication relating to a postal or proxy vote to an address which has not been agreed to by the person entitled to the vote

d. causing a communication relating to a postal

Any person (who commits, aids, abets, counsels or procures the commission of the offence)

Corrupt practice

On summary conviction: an unlimited fine and/or up to six months’ imprisonmentOn indictment: fine and/or up to two years’ imprisonment


RPA 1983 section


Category of offence

Penalty

or proxy vote or containing a postal ballot paper not to be delivered to the intended recipient

63(1) Breach of official dutyAny person to whom this section applies, acting without reasonable cause, will be in breach of his official duty by any act or omission

This section applies to: Clerk of the Crown or their deputy, registration officer, returning officer or presiding officer, any person whose duty it is to be responsible after a parliamentary or local government election for used ballot papers and other documents (including return and declarations as to expenses), any official designated by the universal postal service provider or their deputy

An unlimited fine

65(1) Tampering with nomination papers, ballot papers etc.

Any person Offence On summary conviction: an


RPA 1983 section


Category of offence

Penalty

At a parliamentary or local government election:a. fraudulently defacing or fraudulently

destroying any nomination papers, orb. fraudulently defacing or fraudulently

destroying any ballot paper, or the official mark on any ballot paper, or any postal voting statement, or declaration of identity or official envelope used in connection with voting by post, or

c. without due authority supplying any ballot paper to any person, or

d. fraudulently putting any paper into any ballot box, other than the ballot paper authorised by law to be put in, or

e. fraudulently taking out of the polling station any ballot paper, or

f. without due authority destroying, taking, opening, or otherwise interfering with the ballot box or packet of ballot papers then in use for the purpose of the election, or

g. fraudulently or without due authority attempting to do any of the previously mentioned acts

Note: a declaration of identity does not apply in England and Wales where it has been replaced with the postal voting statement. A declaration of identity only applies to offences in Northern

Returning officer, presiding officer or a clerk appointed to assist in taking the poll

unlimited fine and/or up to six months’ imprisonment

On indictment: a fine and/or imprisonment for a term not exceeding two years

On summary conviction: an unlimited fine and/or up to six months’ imprisonment


RPA 1983 section


Category of offence

Penalty

Ireland.65A(1) False statements in nomination papers etc.

At a parliamentary election, or any local government election in England or Wales, a person causing or permitting to be included in a document delivered or otherwise furnished to the returning officer for use in connection with the election:a. a statement of the name or home address of

a candidate at the election which they know to be false in any particular, or

aa. (where the election is a parliamentary election) a statement under rule 6(5)(b) of Schedule1 to this Act which he knows to be false in any particular, or

b. anything which purports to be the signature of an elector who proposes, seconds or assents to the nomination of such a candidate which they know:

i. was not written by the electorii. if written by the elector, was not written

by them for the purpose of signifying that they were proposing, seconding or assenting to the nomination; or

c. a certificate authorising for the purposes of rule 6A of the parliamentary elections rules the use by a candidate of a description if

Any person Corrupt practice

On summary conviction: an unlimited fine and/or up to six months’ imprisonmentOn indictment: a fine and/or up to one year’s imprisonment


RPA 1983 section


Category of offence

Penalty

they know the candidate is standing at an election in another constituency in which the poll is to be held on the same day as the poll at the election to which the certificate relates

65A(1A) False statements by candidates on nomination papers In any parliamentary election, or any local government election in England or Wales, a candidate makes a false statement in any document in which their consent is given for nomination, regarding:a. their date of birthb. their qualification (that they are or will be

qualified for being elected, and to the best of their knowledge or belief, they are not disqualified from being elected), or

c. that they are not a candidate at an election for any other constituency where the poll is to be held on the same day as the poll at the election to which the consent relates

Any candidate Corrupt practice

On summary conviction: an unlimited fine and/or up to six months’ imprisonment On indictment: a fine and/or up to one year’s imprisonment

66(1) Requirement of secrecyEvery returning officer and presiding officer or clerk and every candidate, election agent or polling agent attending a polling station shall maintain and aid in maintaining the secrecy of voting and unless authorised by law shall not

Returning officers, presiding officers, every candidate and election agent and every person attending by virtue of

An unlimited fine, or a term of imprisonment not exceeding six months


RPA 1983 section


Category of offence

Penalty

communicate to any person before the poll is closed information as to:

i. the name of any elector or proxy who has or has not applied for a ballot paper or voted at the polling station

ii. the number on the register of electors of any electors who or whose proxy has or has not applied for a ballot paper or voted at the polling station, or

iii. the official mark

section 6A to 6D of the Political Parties, Elections and Referendums Act 2000

66(2) Requirement of secrecyEvery person attending a polling station 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

b. communicate any information obtained at the counting of the votes as to the candidate for whom any vote is given on a particular ballot paper

Any person An unlimited fine, or a term of imprisonment not exceeding six months

66(3) Requirement of secrecyNo person shall:a. interfere with or attempt to interfere with a

voter when recording their voteb. otherwise obtain or attempt to obtain in a



RPA 1983 section


Category of offence

Penalty

polling station information as to the candidate for whom 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 the candidate for whom the voter 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 that voter at that station

d. directly or indirectly induce a voter to display their ballot paper after they have marked it so as to make known to any person the name of the candidate for whom they have or have not voted

66(4) Requirement of secrecyEvery 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. unless authorised by law, communicate,

before the poll is closed, to any person any information obtained at those proceedings as to the official mark, or

b. unless authorised by law, communicate to any person at any time any information



RPA 1983 section


Category of offence

Penalty

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. unless 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 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

66(5) Requirement of secrecyNo 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


66A(1) Prohibition on publication of exit pollsAt a parliamentary election, or any local government election in England or Wales, no person shall publish before the poll is closed:a. any statement relating to the way in which



RPA 1983 section


Category of offence

Penalty

voters have voted at the election where that statement is (or might reasonably be taken to be) based on the information given by voters after they have voted, or

b. any forecast as to the result of the election which is (or might reasonably be taken to be) based on information so given

66B Failure to comply with conditions relating to supply etc. of certain documentsFailure to comply with election document retention conditions under Rule 57 of the parliamentary elections rules (hold all election documents for one year and then have them destroyed) by:a. any person, (unless they have an

appropriate supervisor and have complied with the requirements set by their supervisor), or

b. an appropriate supervisor who has failed to take appropriate steps

Any other person is not guilty of an offence if they take all reasonable steps to comply with the conditions

Electoral registration officer or supervisor

Offence On summary conviction: an unlimited fine

73(6) Payment of election expensesThe making of payments towards a candidate’s election expenses by any person which are not made through the election agent is an offence.


An unlimited fine


RPA 1983 section


Category of offence

Penalty

Some exceptions are set out in s74: Candidate personal expenses (subject to

the limit set out in the Act) Expenses paid by the candidate prior to

appointing an election agentA person authorised by the election agent may pay petty expenses to an agreed limit

75(5)(a) Incurring of election expenses by unauthorised personNo expenses may be incurred with a view to promoting or procuring the election of a candidate at an election by any person other than the candidate, election agent and persons authorised in writing by the election agent.

This does not restrict publication relating to the election in a newspaper, periodical, or public service broadcast. It also excludes expenses incurred in travelling or living away which do not exceed the permitted sum and are not incurred as part of a concerted plan of action.

It is an offence for a person to incur, or aid, abet counsel or procure any other person to incur, any expenses in contravention of this rule.

Any person (other than those specified)

Corrupt practice

On summary conviction: an unlimited fine and/or up to six months’ imprisonment.

On indictment: an unlimited fine and/or up to twelve months’ imprisonment

75(5)(b) Making a false statement in declaration of expenses incurred by a person authorised

Any person, authorised by the

Corrupt practice

On summary conviction: an


RPA 1983 section


Category of offence

Penalty

by the agentA person (other than a person engaged or employed for payment or promise of payment by the candidate or his election agent) authorised to incur expenditure by the agent must deliver a return of the amount of those expenses to the appropriate office, accompanied by a declaration verifying the return and giving particulars of the matters for which the expenses were incurred.

It is an offence to knowingly make the declaration falsely.

election agent, who is not engaged or employed for payment or promise of payment by the candidate or the election agent

unlimited fine and/or up to six months’ imprisonment.


75(5) Failure to make declaration of expenses incurred by a person and authorised by the agentA person (other than a person engaged or employed for payment or promise of payment by the candidate or his election agent) authorised to incur expenditure by the agent must deliver a return of the amount of those expenses to the appropriate officer, stating the election at which and the candidate in whose support they were incurred. This must be done within 21 days after the day on which the result of the election in declared.

A person, authorised to incur expenses by the election agent, who is not engaged or employed for payment or promise of payment by the candidate or the election agent

Illegal practice

An unlimited fine


RPA 1983 section


Category of offence

Penalty

It is an offence to fail to deliver a direction as required.

76(1B) Exceeding limit on candidate expensesAny candidate or election agent who incurs, or authorises the incurring of, election expenses in excess of the permitted amount and knew or ought reasonably to have known that the expenses would be incurred in excess of that amount (excluding personal expenses) commits an offence.

The candidate’s personal expenses are excluded at a parliamentary, Authority or local government (in England and Wales) election.

Candidate or election agent

Illegal practice

An unlimited fine

76ZA(5) Exceeding spending limit for pre-candidacy expenses Any candidate or election agent who incurs, or authorises the incurring of, election expenses in excess of the permitted amount and knew or ought reasonably to have known that the expenses would be incurred in excess of that amount (excluding personal expenses) commits an offence.This offence only applies in specific


Illegal practice

An unlimited fine


RPA 1983 section


Category of offence

Penalty

circumstances - where a)a Parliament is not dissolved until after the period of 55 months beginning with the day on which that Parliament first met (“the 55-month period”),(b)election expenses are incurred by or on behalf of a candidate at the parliamentary general election which follows the dissolution, and(c)the expenses are incurred in respect of a matter which is used during the period beginning immediately after the 55-month period and ending with the day on which the person becomes a candidate at that election.

78(3) Paying claims received late or after payment deadlineEvery claim for payment against a candidate or his election agent in respect of election expenses must be sent no longer than 21 days after the day on which the result of the election is declared. All election expenses shall be paid not later than 28 days after the day on which the result of the election is declared.An election agent may not pay a claim received after the 21 day period, or make a payment

Election agent (including candidate where they act as their own agent)

Illegal practice

An unlimited fine


RPA 1983 section


Category of offence

Penalty

later than the 28 day period (except where the claim period is extended by leave of court)

82(6) making false declaration accompanying expenses return

Making a false declaration with the expenses returnA candidate must deliver a return containing a statement of all election expenses and all payments made by the election agent, supported by bills and invoices, as well as donations accepted to the Returning Officer within 35 days after the election result is declared (70 days for a Mayoral election and 70 days after the last declaration for London Assembly elections).

The return must be accompanied by a declaration from the election agent that the return is complete and accurate. Within 7 days the candidate must make a similar declaration (or 14 days if outside the UK). The form for the declaration is prescribed by the Act.

It is an offence for either the candidate or the agent to make a false declaration


Corrupt practice

On summary conviction: an unlimited fine and/or up to six months’ imprisonment.


84 Failing to make a returnFailing to deliver a candidate return or declaration which is compliant with the

Candidate or agent Illegal practice

An unlimited fine


RPA 1983 section


Category of offence

Penalty

requirements.Where a candidate or election agent has apply to court for relief where the failure is due to illness, death, absence, the misconduct of another (election agent, previous election agent, sub-agent, clerk or office), or there is a reasonable excuse, the court may make an order allowing an authorised excuse.

94(1) Imitation poll cardsNo person shall for the purposes of promoting or procuring the election of a candidate at a parliamentary election or a local government election to which this section applies by virtue of section 36 issue any poll card or document so closely resembling an official poll card as to be calculated to deceive


An unlimited fine

97(1) Disturbances at election meetingsActing or inciting others to act in a disorderly manner for the purpose of preventing the transaction of business for which the meeting was called


If a constable reasonably suspects any person of committing an offence, they may if requested to do so by the chairman of the meeting, require that person to declare to them immediately,


RPA 1983 section


Category of offence

Penalty

their name and address and if that person refuses or fails to declare their name and address or gives a false name and address, they will be liable to summary conviction to a fine not exceeding level 1 on the standard scale (currently £200)

99(1) Officials not to act for candidatesActing as a candidate’s agent in the conduct or management of an election

Returning officers at a parliamentary or local government election, an officer or clerk appointed under the parliamentary elections rules, or the rule under section 36, or the partner or clerk of any such person

An offence A fine not exceeding level 4 on the standard scale (currently £2,500)

100(1) Illegal canvassing by police officersNo member of the police force shall by word, message in writing or in any other manner endeavour to persuade any person to give or dissuade any person from giving their vote by

Members of the police force

A fine not exceeding level 3 on the standard scale (£1,000)


RPA 1983 section


Category of offence

Penalty

proxy or as an elector at any parliamentary election for a constituency or local government election for any electoral area wholly or partly within the police area

106(1) False statements of fact as to candidatesMaking or publishing false statements of fact in relation to the candidate’s personal character or conduct, unless there are reasonable grounds for believing, and the person making the statement did believe, the statement to be true


An unlimited fine

107 Corrupt withdrawal from candidatureCorruptly inducing or procuring any other person to withdraw from being a candidate at an election, in consideration of any payment or promise of payment, and any person in pursuance of the inducement or procurement

Any person Illegal payment

An unlimited fine

109 Payments for exhibition of election noticesNo payment or contract for payment shall for the purposes of promoting or procuring the election of a candidate at an election be made to an elector or their proxy on account of the use of any house, land, building or premises for the exhibition of any address, bill or notice unless:a. it is the ordinary business of the elector or

proxy as an advertising agent to exhibit for payment bills and advertisements, and


An unlimited fine


RPA 1983 section


Category of offence

Penalty

b. the payment is made in the ordinary course of that business

110 Details to appear on election publications (‘the imprint’)The failure to put the name and address of the printer, the promoter of the material and any other person on behalf of whom the material is being published on to the material which can reasonably be regarded as intended to promote the election of a candidate at an election.Note: where the material relates to one or more parties, or to multiple candidates on the basis of particular opinions or policies, see the alternative imprint offence under section 143 PPERA below.

The promoter of the material, any other person by whom the material is so published, the printer of the document

Illegal practice

An unlimited fine

111 Prohibition of paid canvassersIf a person is, either before, during or after an election, engaged or employed for payment or promise of payment as a canvasser for the purpose of promoting or procuring a candidate’s election:a. the person so engaging or employing him,

andb. the person so engaged or employedshall be guilty of illegal employment

The canvasser who is employed/engaged and the person employing or engaging the canvasser

Illegal employment

An unlimited fine

112 Providing money for illegal purposesKnowingly providing money:

Any person Illegal payment

An unlimited fine


RPA 1983 section


Category of offence

Penalty

a. for any payment which is contrary to the provisions of the Act, or

b. for any expenses incurred in excess of the maximum amount allowed by this Act, or

c. for replacing any money expended in such payment or expenses

unless the payment or incurring of expenses may have been previously allowed in pursuance of section 167 as an exception

113(2) BriberyDirectly or indirectly, by themselves or by any other person on their behalf:a. gives any money or procures any office to or

for any voter or to or for any other person on behalf of any voter or to or for any other person in order to induce any voter to vote or refrain from voting, or

b. corruptly does any such act as mentioned above on account of any voter having voted or refrained from voting, or

c. makes any such gift or procurement as mentioned above to or for any person in order to induce that person to procure, or endeavour to procure, the return of any person at an election or the vote of any voter,

or if upon or in consequence of any such gift or




RPA 1983 section


Category of offence

Penalty

procurement they procure or engage, promise or endeavour to procure the return of any person at an election or the vote of any voter

113(3) BriberyIf they advance or pay or cause to be paid any money to or for the use of any other person with the intent that that money or any part of it shall be expended in bribery at any election, or knowingly pay or cause to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election



113(5) BriberyIf before or during an election they directly or indirectly by themselves or by any other person on their behalf receive, agree, or contract for any money, gift or loan of valuable consideration, office, place or employment for themselves or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting

Any voter Corrupt practice


113(6) BriberyIf after an election they directly or indirectly by themselves or by any other person on their behalf receive any money or valuable consideration on account of any person having voted or refrained from voting or having induced


On summary conviction: an unlimited fine and/or up to six months’ imprisonmentOn indictment: a fine


RPA 1983 section


Category of offence

Penalty

any other person to vote or refrain from voting and/or up to one year’s imprisonment

113(7) BriberyA person’s ineligibility to vote does not necessarily prevent an act being bribery



202(1) BriberyThe RPA defines ‘voter’ as a person voting at an election and includes a person voting by proxy. This means the definition of bribery extends to proxy voting

Case lawR v Vaughan (1769) 4 Burr 2494

BriberyA common law offence of bribery as extends to attempt to bribe at an election


114(2) TreatingIf they corruptly, by themselves or by any other person, either before, during or after an election, directly or indirectly give or provide, or pay wholly or in part the expense of giving or providing, any meat, drink, entertainment or provision to or for any person:a. for the purpose of corruptly influencing that


On summary conviction: an unlimited fine and/or up to six months’ imprisonmentOn indictment: a fine and/or up to one


RPA 1983 section


Category of offence

Penalty

person or any other person to vote or refrain from voting, or

b. on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting

year’s imprisonment

114(3) TreatingEvery elector who corruptly accepts or takes any meat, drink, entertainment or provision

Any elector or their proxy

Corrupt practice


115 Undue influenceWhere a person, by himself or by any other person on his behalf, directly or indirectly makes use of or threatens to make use of force, violence or restraint, or inflicts or threatens to inflict any temporal or spiritual injury, damage or harm in order to induce or compel any voter to vote or refrain from voting Where, by abduction, duress or any fraudulent device or contrivance, a person impedes or prevents, or intends to impede or prevent the free exercise of the franchise of an elector or proxy for an elector, or so compels, induces or




RPA 1983 section


Category of offence

Penalty

prevails upon, or intends so to compel, induce or prevail upon, an elector or proxy for an elector either to vote or to refrain from voting. Interfering with a voter when they are recording their vote

Representation of the People Act (RPA) 2000

RPA 2000 section


Category of offence

Penalty

Schedule 4 para 8

Absent voting – offencesa. making a false statement within any relevant

declaration or form, orb. attesting an application (under paragraph 3 or

4, Schedule 4) when they know they are not authorised to do so or that it contains a statement which is false

Any person An unlimited fine


Political Parties, Elections and Referendums Act (PPERA) 2000

PPERA 2000 section


Category of offence

Penalty

143 Details to appear on election materialThe failure to put the name and address of the printer, the promoter of the material, and any other person on behalf of whom the material is being published on material which can reasonably be regarded as intended to promote or procure electoral success at any relevant election for:a. one or more particular registered parties,

The promoter of the material, any other person by whom the material is so published, and the printer of the document

An unlimited fine


PPERA 2000 section


Category of offence

Penalty

b. one or more registered parties who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of such parties, or

c. candidates who hold (or do not hold) particular opinions or who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of candidates

Note: where the material promotes one candidate only, see the section 110 RPA 1983 imprint offence


Public Order Act 1986

The sections listed below may assist when dealing with potential public order

situations linked to elections.

Processions and assemblies Section 11 – Advance notice of public processions

Section 12 – Imposing conditions on public processions

Section 13 – Prohibiting public processions

Section 14 – Imposing conditions on public assemblies

Section 14A – Prohibiting trespassory assemblies

Racial hatred Section 17 – Meaning of racial hatred

Section 18 – Use of words or behaviour or display of written material

Section 19 – Publishing or distributing written material

Racially inflammatory material Section 23 – Possession of racially inflammatory material

Section 24 – Powers of entry and search

Section 25 – Power to order forfeiture

Hatred against persons on religious grounds or grounds of sexual orientation

Section 29A – Meaning of religious hatred

Section 29AB – Meaning of hatred on the grounds of sexual orientation

Section 29B – Use of words or behaviour or display of written material

Section 29C – Publishing or distributing written material

Inflammatory material Section 29G – Possession of inflammatory material

Section 29H – Powers of entry and search

Section 29I – Power to order forfeiture

34Memorandum of understanding

Section 29J – Protection of freedom of expression

Section 29JA – Protection of freedom of expression (sexual orientation)

Public Order Act 1936 Section 1 – Prohibition of uniforms in connection with political objects


Memorandum of understanding

Agreement on joint planning for elections and reporting and investigating electoral malpractice

between

Electoral registration officer and (acting) returning officer** local authority area

and

Chief constable/divisional commander** police

Note: The electoral registration officer and returning officer roles may be fulfilled by the same person and is it is usually the council’s chief executive or another chief officer. Although appointed by the council when carrying out these functions, they are independent of the council. They may appoint a senior electoral services officer as deputy to help discharge their electoral duties. For UK parliamentary elections, the (acting) returning officer performs the same role as the returning officer does for local elections. For European elections, a separate memorandum of understanding may be needed with the regional returning officer.


Contents1 Overview..............................................................................................................32 Roles and responsibilities....................................................................................43 Electoral registration officer role...........................................................................54 Returning officer role............................................................................................55 Tasking and coordination procedures..................................................................66 Information sharing..............................................................................................67 Dissemination of intelligence................................................................................78 Some specific examples......................................................................................89 Commitment.........................................................................................................910 Start and duration..............................................................................................1011 Dispute...............................................................................................................10


1 Overview1.1 The purpose of this memorandum of understanding (MoU) is to ensure and

maintain continued confidence in the integrity of the electoral process by promoting joint working to minimise the potential for malpractice in the electoral process.

1.2 It sets out an agreed understanding of how the ** police service and ** the electoral registration officer/(acting) returning officer may cooperate to ensure that elections and referendums are conducted in a fair and inclusive manner and in accordance with the law.

1.3 This MoU seeks to enable the above two partners to cooperate with each other in furtherance of joint data sharing, operations and investigations.

1.4 Both partners will have competing demands on their resources and any operational decisions taken by the respective partner will need to take into full account the availability of resources subject to current priorities.

1.5 This MoU has been produced to clarify different working practices and procedures that might otherwise lead on occasion to a misunderstanding of the needs and obligations of each partner, and to detail the assistance and information that a partner can realistically provide.

Basic principles

1.6 This MoU is intended to enhance the effective working relationships between police forces in England and Wales and local electoral registration officers/(acting) returning officers.

1.7 The National Police Chiefs’ Council (NPCC) believes that facilitating peaceful and effective voting is a primary concern for the police service and that electoral malpractice can be prevented or reduced by positive police action.

1.8 The Electoral Commission is committed to putting the voter first and ensuring that elections and referendums are conducted in a fair and inclusive manner and in accordance with the law.

1.9 In accordance with APP on policing elections, the overriding consideration of any joint intelligence or investigative operation or data sharing is, where possible, to prevent electoral-related offences and misconduct.

1.10 Each signatory has a key role and responsibility in electoral administration.


1.11 The parties to this MoU recognise that the principles agreed upon are not legally binding and are not intended to create any legally enforceable rights or obligations, although each party will discharge their own statutory obligation in such circumstances.

1.12 The parties to this MoU agree the principles outlined in it, which reflect a national minimum expectation for all signatories. For the principles of the memorandum to be effectively delivered and implemented, local arrangements will be necessary and should be established between local partners.

Aim

1.13 The overall aim of this MoU is to show a clear and positive commitment to work together which promotes and endorses good practice order to reduce the opportunity for electoral malpractice to occur by:

effectively sharing and developing intelligence and information sources in support of the joint strategic aim of the operation

ensuring any data sharing or investigative activity is conducted in accordance with the legislative remit of both organisations

undertaking proportionate and lawful joint working to ensure that when incidents are reported or other information suggests offences in connection with electoral malpractice may have occurred, or are likely to occur, a considered, balanced and proportionate investigation is conducted

carrying out prompt investigations for the purpose of disruption and prevention as opposed to prosecution, the importance of which is identified in APP on policing elections.

[Insert any additional local detail or variation here]

2 Roles and responsibilitiesPolice role

2.1 Police forces in England and Wales are responsible for the investigation of criminal offences, and, where appropriate, referring those investigations to the Crown Prosecution Service (CPS) for advice and/or a charging decision.

2.2 The police should undertake effective early investigations to ensure that key evidence required to make decisions is obtained as soon as possible.


2.3 Each police force is encouraged to appoint a force election single point of contact (SPOC) to liaise as appropriate with the electoral registration officer/(acting) returning officer and the Electoral Commission.

2.4 Where the police assess that an offence may have been committed under the Representation of the People Act 1983 (RPA 1983) or other relevant electoral legislation, they will conduct a proportionate investigation to assist the CPS in their consideration of whether criminal charge(s) should be brought against any individual or organisation.

3 Electoral registration officer role3.1 The electoral registration officer is responsible for compiling and maintaining

the register of electors, which contains an entry for everyone who has registered to vote and their eligibility to vote.

3.2 The electoral registration officer’s responsibilities also include registering applications to vote by post or proxy and applications from people who wish to register to vote anonymously.

4 Returning officer role4.1 The returning officer is responsible for the management of local elections. For

local council referendums, council tax referendums or mayoral referendums, the returning officer becomes the counting officer. In UK parliamentary elections the acting returning officer has this responsibility. The regional returning officer or local returning officer is responsible for elections relating to the European Parliament.

4.2 Where combined elections are held, the MoU should recognise that the returning officers’ responsibilities differ according to whether it is a local or regional election.

4.3 The management of the election is the responsibility of the (acting) returning officer and they are personally and legally liable for the successful conduct of this duty. Generally, the (acting) returning officer's duties include:

receiving nominations

publishing the list of nominated candidates

advising on the roles and responsibilities of candidates, agents and their supporters regarding the election and community setting


establishing and staffing polling stations and ensuring the safe return of ballot boxes

the management of postal and proxy voting

the verification and counting of ballot papers, and declaring the result.

5 Tasking and coordination procedures5.1 Electoral registration officers/(acting) returning officers take allegations of

electoral malpractice seriously. Where suspicions are aroused and, after checking information held by the local authority, deemed worthy of referral to the police for investigation, the electoral registration officer/(acting) returning officer should report the matter to the police officer acting as the single point of contact (SPOC) in order to assist where possible. The (acting) returning officer, or their appointed representative, will advise the police on procedures that should be undertaken to obtain witness evidence from local authority appointed staff and/or other necessary evidence.

5.2 Resource allocation will be an internal matter for each party but both partners to this agreement will wherever possible seek to support requests for assistance that are in line with achieving the aims and objectives of this MoU.

6 Information sharing6.1 This MoU supports the timely and efficient exchange of information between

signatories but other forms of cooperation may also be governed by these principles.

6.2 Information sharing involves the transfer of information from one partner to another. This can be information that is transferred via electronic means, in paper records, or verbally between partners.

6.3 Information sharing is the cornerstone of delivering shared understanding of the issues and arriving at shared solutions. The right information enables partners to carry out evidence-based, targeted … interventions and to evaluate their impact. The improved outcome of an intelligence led, problem-solving approach … can only be achieved when partners have access to relevant, robust and up-to-date information from a broad range of sources.

Home Office (2007)Delivering Safer Communities: a guide to effective partnership working


6.4 The Home Office recognises that intelligence-led and outcome-oriented practice lies at the heart of local partnerships being the most effective possible vehicle for tackling crime and reoffending at the local level in England and Wales.

Home Office (2007)Delivering Safer Communities: a guide to effective partnership working

6.5 To achieve this, efficient and effective information sharing between relevant partners is essential.

6.6 This can include sharing both personalised and depersonalised information as well as non-personal information.

6.7 Police and electoral registration officers/(acting) returning officers should ensure that existing locally agreed information sharing agreements are sufficiently clear so that practitioners can be confident in what information may or may not be shared.

6.8 This MoU aims to ensure the effective and efficient use of intelligence sharing between the partners.

6.9 Officers nominated as force SPOCs will act as a first point of contact for all approaches by the local authority to the police, and the named local authority contact for all approaches by the police, to protect the integrity and source of all information and intelligence.

6.10 Any intelligence will be disseminated in accordance with APP on intelligence management and the Government Protective Marking System (GPMS)/Government Security Classification (GSC).

7 Dissemination of intelligence7.1 All parties will disseminate appropriate intelligence to each other via their

designated single points of contact for this purpose.

7.2 Each party will share all relevant intelligence and information under the terms of their local data sharing agreement.

7.3 No onward dissemination of intelligence obtained from the joint parties will be made outside the investigation teams without the agreement of the other party. This should avoid inappropriate disclosure of intelligence that may jeopardise operational objectives.


7.4 The exchange of relevant information between local authority election departments and police forces is especially important during election periods to facilitate democratic voting and to promote public safety and confidence in the election process. The proactive gathering of intelligence at an early stage can assist in preventing offences, protect those vulnerable to election fraud and effectively target offenders.

8 Some specific examples8.1 Police forces would expect to be notified about the following circumstances

during election periods (although this list is not intended to be exhaustive):

unusual or suspicious trends in voter registrations

suspected false declarations or statements by candidates

unusual or suspicious actions or statements (including circumstances involving suspected abuse of responsibilities or obligations) by candidates, agents or party supporters or workers

suspected theft or fraud involving, for example, election-related documents, registration papers, canvassing material, and other offences of dishonesty, fraud and false certification which may be connected to election matters

suspicious activities at polling stations and the election count.

8.2 Incidents of use of threatening, abusive or insulting words or behaviour (including towards any local authority employee or agent involved in election administration) by candidates, agents or party supporters or workers should also be notified to the police.

8.3 Information to be shared should also include:

information or intelligence arising out of investigations undertaken by the police

information or intelligence that will be used in health and safety risk assessments for both parties (eg, history of propensity to use violence)

information or intelligence regarding previous complaints, investigations or concerns undertaken by the local authority election department

personal statements, affidavits required by the police or CPS for use in criminal or civil proceedings

information to support tracing suspects suspected of committing election-related offences


sensitive material (consideration should be given to the treatment of sensitive or confidential documents or sources of information in compliance with the way the police service gathers, manages, uses and shares information)

information, documentation and other material relating to evidence of bad character of a suspect being investigated by the police

advice on law, practice and policy, in relation to a specific case or a particular strategy to be used in relation to investigations or prosecutions.

8.4 There should be consideration of the most effective, expeditious and efficient action which can be taken by either or all parties to ensure enforcement of the provisions of law and maintenance of confidence in election procedures

9 Commitment9.1 This MoU is not a legally enforceable document. It recognises the diversity of

offences which may arise and the impossibility of dictating how each will be investigated. Signatories to this MoU, however, accept the principles and roles described within it and commit themselves and their organisation, in the public interest, to shared efforts to counter electoral malpractice and fraud offences.

9.2 APP on policing elections forms the basis for joint working prior to and during any election.

9.3 Once a report of suspected electoral malpractice is received, it will be a matter for the police to determine the proportionate level of investigation and resource allocation required.

9.4 Certain complaints may be handled by local police officers and staff at the discretion of the SPOC.

9.5 The person making the allegation should be kept regularly updated on the progress of an investigation by the police SPOC.

9.6 Local SPOCs may be identified to work at a local level with electoral staff, and the force-level SPOC will ensure that an overall operational order is prepared and a copy supplied to each local SPOC, electoral registration officer, (acting) returning officer and returning officer.

10 Start and duration


10.1 This MoU shall take effect upon signature by all parties until it is terminated or is superseded by a revised document.

10.2 All parties shall review the effectiveness of the MoU (annually or at the request of either party) following which it may be amended by agreement between the parties.

10.3 Signatories to this MoU are deemed to sign on behalf of their organisation and as such references to signatories relate to appropriate representatives of those organisations which are able to represent their interests for the purposes of this MoU.

11 Dispute11.1 If there is a dispute about the provisions of this MoU, initially it will be the

responsibility of local management or their representatives to resolve the problem.

11.2 If the dispute cannot be resolved within 10 working days, it shall be referred to the signatory line managers.

Signed by

(on behalf of **police force)

………………………………………………………Date…..…./………………./…...

Signed by

(on behalf of ** Electoral Registration Officer/(Acting) Returning Officer local authority area)

………..……………...………………………….…..Date……..../………….…../..….


Key stages in the election process

The local authority will need to contribute towards the police operational plan by sharing information as outlined and providing input into the polling stations where problems may occur. Polling stations can be assessed on the basis of a Red, Amber, or Green category to indicate those stations that are of high to low risk. This approach will help in making decisions about the level of police presence that may be required on election day.

Additionally, to assist in building the police operational plan, the electoral services manager (ESM) can provide the force election SPOC with information in respect of key stages in the electoral timetable that may trigger certain types of malpractice activity.

Key stages Description Information from ESM/Potential action by SPOC Overview Provision of electoral information and specific

case history (based on past events) across the district

Type of potential malpractice and localities where doubtful activity can be expected

Information to augment police intelligence and help make decisions on the level of response

Notice of election The formal commencement date of the election timetable

Close of nominations

Deadline date for those standing for election to submit legal documentation, declaring themselves as candidates

Candidates may have criminal convictions that prevent them from standing

Candidate name and address data available soon after deadline

Comparison with police records may be made to identify history of any candidates that may affect their eligibility to stand and the democratic process

The SPOC should inform the ESM of any concerns that may have an impact on the democratic process (providing this complies with the Data Protection Act


Key stages Description Information from ESM/Potential action by SPOC 1998)

Nomination forms contain the signatures of people who sign in support of a candidate. The nomination paper may contain the forged signatures of electors. The SPOC will need to conduct enquiries where allegations in respect of this are made.

Publication of election agents

A candidate at any election (apart from parish or community council elections) must by law appoint an election agent

The election agent is the person responsible for the legal conduct of the candidate’s campaign

Election agent name and address data available soon after deadline:

Comparison with police records may be made to identify history of any election agent that may have an impact on the democratic process

The SPOC should inform the ESM of any concerns that may have an impact on the democratic process (without breaching the law)

Deadline date for registration

Latest time to apply to be included on the electoral register. This particular deadline is 12 days before the election and, therefore, limited time is available within which to carry out checks where doubts are raised.

The ESM is bound into a statutory timeframe for processing registration applications, so that all people entitled to be registered by the deadline are included on the electoral register for voting

Aim of crime to fraudulently register false (‘ghost’) voters: to gain votes to win an election (particularly

The ESM will alert the SPOC to high levels of applications received, or patterns of concern, on the approach to, or on, the deadline day that indicate potential malpractice

The ESM will alert the SPOC to high levels of applications being delivered by an individual that may indicate potential malpractice. Care – it may be that such applications are in fact bona fide, but scrutiny by the ESM will identify doubts

A prompt response will be required by the SPOC in respect of meeting with the ESM to review bulk registration applications received, where the ESM


Key stages Description Information from ESM/Potential action by SPOC where marginal seats apply and there are only a few votes between the winning and losing candidate), or

to commit other types of fraud (financial, identity)

indicates doubt as to the authenticity

Where false registrations are suspected, the SPOC will need to commence enquiries and consider evidence gathering needs

Deadline dates for postal or proxy vote applications

Latest dates by which someone on the electoral register can apply to vote by post, or to legally (and in writing) apply to nominate someone to vote on their behalf (proxy voting)

The deadline for applying to vote by post is 11 days before the election with the deadline for applying to vote by proxy being only 6 days before the election. There is limited time available within which to carry out checks where doubts are raised.

The ESM is bound into a statutory timeframe for processing postal and proxy applications, so that all people entitled to receive a postal or a proxy vote by the deadline have been included

Aim of crime to fraudulently gain votes by: obtaining and completing postal vote packs

intended for bona fide voters and without their knowledge

redirecting and completing postal vote packs to alternative addresses without the knowledge of the bona fide voter

applying to vote by proxy without the knowledge or consent of the voter

The ESM will alert the SPOC to high levels of applications received on the approach to, or on, the deadline day that indicate potential malpractice

The ESM will alert the SPOC to high levels of applications being delivered by an individual that may indicate potential malpractice. Be aware that such applications could be bona fide, but scrutiny by the ESM will identify doubts.

A prompt response will be required by the SPOC to meet the ESM and review bulk registration applications received, where the ESM indicates doubt about the authenticity

Where false postal vote applications are suspected, the SPOC will need to commence enquiries, consider evidence gathering needs and decide upon any appropriate action that might be necessary, bearing in mind the restrictive timescales that remain ahead of the election


Key stages Description Information from ESM/Potential action by SPOC Dispatch of postal votes

Postal vote packs are usually issued approximately 4 days (including the weekend) after the deadline date for receipt of applications, although they may be released earlier if it has been possible to produce them

The production of postal vote packs will be subject to the print company schedule and their capability/capacity to produce them. Large numbers may affect the production and exact date for dispatch

Aim of crime to fraudulently gain votes by intimidating: voters to vote a particular way by making visits

to households soon after postal ballot packs are delivered

Royal Mail Group Ltd workers to hand over blank postal vote packs instead of delivering them to voters

voters into handing over uncompleted postal vote packs

voters into handing over completed postal vote packs for the purposes of opening and altering them, or instructing voters to apply for a replacement pack and vote in a particular way

Early and close liaison with the local Royal Mail sorting office is vital. (See Electoral Commission guidance Postal voting – A quick guide for Royal Mail drivers and delivery staff (PDF)). This is a key date for police activity in areas of concern and a date that the ESM should make known to the SPOC. Delivery of postal vote packs by Royal Mail workers will commence the day after dispatch.

Potential malpractice may occur by the targeting of Royal Mail workers to hand over postal vote packs rather than delivering to the voter

Intimidation of voters to hand over uncompleted or completed postal vote packs to those who wish to perpetrate electoral fraud may occur

Large numbers of lost or spoilt postal vote packs in a particular area may indicate fraud. Voters may be intimidated into handing over completed postal vote packs and instructed to vote a particular way on replacement pack.

During the week before the election, post boxes may also be targeted in order to illegally retrieve postal vote packs returned by voters

The ESM may receive allegations from voters and/or candidates and agents in respect of the activities outlined above and these should be referred


http://www.electoralcommission.org.uk/__data/assets/electoral_commission_pdf_file/0003/71895/Postie-quick-guide-2014-A5-FINAL.pdf


Key stages Description Information from ESM/Potential action by SPOC immediately to the SPOC

There may be instances where allegations are received that one person in the household has completed postal vote packs for all members of a household. It may be necessary for the NPTs or SPOC to visit areas where multiple postal vote packs are delivered to reinforce the message that they should be completed by each individual and returned direct to the returning officer’s office

Where malpractice is suspected, the SPOC will need to commence enquiries, consider evidence gathering needs and consider visiting candidates and party workers in respect of allegations made and their duty to follow the Electoral Commission’s Code of Conduct for candidates and party workers

Appointment of polling agents

People appointed by the candidate to scrutinise the proceedings on election day

Polling agents are appointed to attend specific polling stations and to detect personation. They are entitled to be located within the room within which the voting will take place, although they are not entitled to interfere with the process. Having marked off on their copy of the register those voters who have applied for a ballot paper, they must leave their copy of the register in the polling station. They can only remove their marked copy of the register after the close of poll.

Polling agents’ name and address data available soon after deadline

Comparison to police records may be made to identify history of any individuals appointed that may impact upon the democratic process

The SPOC should inform the ESM of any concerns that may have an impact upon the democratic process (without breaching the law)

Care must be taken that any polling agents are not intimidating voters or instructing voters how to vote. Disruption within the polling station could occur if


Key stages Description Information from ESM/Potential action by SPOC this behaviour is not prevented and the process could be open to legal challenge. It is important that the SPOC is clear about positive intervention if police support is requested.

Day of election There may be a variety of incidents that could cause disruption to the day of the poll and would require SPOC attention: public disorder intimidation of voters allegations from candidates, agents, or voters personation.

Police should be aware of any rising tension or incidents that may increase the likelihood of public disorder. They should respond using recognised policing tactics.

Aim of crime to fraudulently gain votes by: Intimidation of voters whereby on the

approach to the entrance of the polling station, or at some other time before the election, voters are instructed to vote a particular way

Voters may wrongly fear that those outside the polling station have influence and will have access to information that indicates how an individual has voted

Allegations from all stakeholders must be formally recorded and assessed so that a proportionate response, if any, is made, taking

Personation – polling station staff will be alerted to this when the bona fide elector calls to vote but records indicate that a vote has already been cast, or where doubts are raised by suspicious behaviour

Polling agents appointed by candidates at the polling station may deter attempts of personation by people known to the polling agent

Electoral Commission advice for presiding officers on personation will guide polling station staff on what to do should personation be suspected

The presiding officer may consider calling the police and asking those involved to await the arrival of a police officer

It is important that polling staff record as much information as possible about such an incident (the ESM will have provided polling staff with the guidance and necessary paperwork on which to do this) as this will assist in any subsequent investigation

Local police commanders should ensure that their tactical plan involves the ability to respond swiftly to deal with an ongoing incident, if possible (eg, where


Key stages Description Information from ESM/Potential action by SPOC prior agreements between the police and the local authority into account

While there may be allegations of electoral malpractice that later are upheld, there may also be instances where attempts are made to cause disruption by making unfounded allegations. It is important that all the available information and any response, which may be later scrutinised, has been appropriately and fully considered. For instance, third-party, unsubstantiated allegations will be recorded, but may not be investigated.

Personation is an attempt by an individual to falsely cast a vote in the name of a voter without legal authorisation to do so

Polling agents may be present in the polling station when attempts at personation occur and they can require the presiding officer (appointed person in charge of the polling station) to put statutory questions to any voter suspected of committing this offence

The presiding officer must, by law, issue a person with a ballot paper if that person verbally confirms his or her identity. There is no exemption to this rule, even where the person is suspected of personation

the individuals concerned are still present, or to gather information from polling staff) and at the earliest opportunity

If voters are discouraged from entering, or are intimidated when they enter, a polling station, the police may need to consider dispersing those involved from the vicinity. An objective assessment of the circumstances is needed prior to taking appropriate action.



Chief executive/chief constable template letterChief executive/chief constable template letter for candidates, agents and campaigners to agree to abide by the national code of conduct

Address

Our Ref: /Your Ref: /Please Contact: /

Telephone: Fax: Email:

Date:

To:

All candidates, agents and campaigners

[List election and/or referendum and date]

Dear Candidate or Agent

[Title of election and/or referendum and date]

From the Chief Constable of [insert force name] and the Returning/Counting Officer

We are writing jointly to all candidates and agents in the forthcoming [title of election and/or referendum and date]. We wish to emphasise the need to maintain high standards of conduct by all concerned.

With this objective in mind, you are invited to sign the voluntary declaration that appears at the end of the Code of conduct for campaigners: postal voting, proxy voting and polling stations. The Code has been endorsed by the major political parties at Westminster and by signing you confirm that you and your supporters will comply with it. The returning officer would be pleased to receive a signed copy from you.

The police and the returning/counting officer’s staff have a well-established close working relationship and will work in accordance with APP on policing elections to prevent and detect any wrongdoing.

You are encouraged to make yourself familiar with the Code of conduct for campaigners: postal voting, proxy voting and polling stations and ensure that anyone who works for you in any capacity during the elections adheres strictly to the Code. You should, therefore, ensure that your campaign workers are familiar with its contents.


We wish to make it absolutely clear that any abuse of the arrangements for postal voting is very likely to constitute an offence under the Representation of the People Act 1983 and will not be tolerated. All candidates, agents and campaigners are expected to do everything within their power to ensure that their campaign workers and supporters do not engage in any abuse of the system for postal voting or any other aspect of the arrangements for the election.

Any suspicion of unlawful conduct should be reported to the returning/counting officer or the police. The returning/counting officer may in turn refer the matter to the police. The [name of police force] and the Crown Prosecution Service will consider any evidence of unlawful conduct, and prosecutions will be brought against offenders if necessary.

We are pleased that the National Police Chiefs’ Council and the Electoral Commission are closely monitoring cases of alleged electoral malpractice in England and Wales. Of the very few cases where malpractice has been substantiated and where court proceedings were initiated, most have resulted in the offenders being given significant prison sentences.

Please be assured that we are committed to doing all we can to prevent any increase in the number of cases of alleged electoral malpractice at the [insert date] election/referendum, and that where allegations are made we will investigate and prosecutions may result.

Yours sincerely

(E-signature) (E-signature)

(Name) (Name)

Returning/Counting Officer Chief Constable

Only the following slip should be completed and forwarded to the returning officer

Please complete and forward to returning officer

I, (print name) ………………………………………...standing as a candidate for

(print ward/division/other) ……………………………of …………………Council

agree to abide by the national Code of conduct for campaigners: postal voting, proxy voting and polling stations

Signed ………………………… Date …………………………………


Template warning letter for RPA imprint offencesNote: it is recommended that this is delivered in person.

**** Police**** RoadAnytown

B123 4AB

Your reference:Our reference:

If telephoning, please ask for:DS xxxx A.N. Other

Direct dial:Fax:

Email:Typetalk:

Date:

Dear

Advice Regarding Details to Appear on Elections Publications.

You have been identified as: *the printer of election material, namely … *the promoter of election material, namely … *a person by whom election material has been published, namely …*(delete as necessary)

You should be aware that all election material is required to include details, which are commonly referred to as ‘imprint’, by virtue of section 110 Representation of the People Act 1983 and section 143 Political Parties, Elections and Referendums Act 2000. These details are:

a. the name and address of the printer of the documentb. the name and address of the promoter of the materialc. the name and address of any person on behalf of whom the material is being

published (and who is not the promoter).

It has been identified that the election material specified above does not contain the necessary imprint as prescribed by law. Your failure to include the imprint details is a breach of section 110 of the Representation of the People Act 1983, the penalty for which is currently an unlimited fine on summary conviction.


As there appear to be no other aggravating factors and this is the first time it has come to our notice, it has been deemed appropriate to issue you with this letter. Should you breach this legislation in future, this letter may be presented in evidence, and it is likely that a criminal investigation will be commenced. No further action will be taken on this occasion.

Advice and guidance on imprint matters and all other electoral issues are available from your local returning officer and the Electoral Commission, which provides comprehensive advice in print, online and by telephone.


Local authority guidance for handling evidence

Local authority staff need a process to follow when handling evidence. This will ensure that any later investigations and forensic analysis can be carried out by the police as necessary and without damage to potential evidence.

Staff should wear latex/plastic gloves when handling suspicious documentation.

Staff should avoid handling suspicious documents as much as possible, touching them only on the edges and placing them in individual plastic, transparent wallets.

Staples should not be removed and the document should not be flattened or altered in any way.

Suspicious documents enclosed within a transparent wallet should be photocopied so that the work of the Electoral Services can continue ‒ this will also assist in the recording of the documents involved.

The police will advise on how to package and submit any such documentation.

Local authority staff must comply with the legislation, but should also consider what additional actions can be taken to secure, protect and preserve evidence while still meeting the legal obligations.


Example imprint and general imprint rules


General imprint rules

Campaign material intended to promote the election of a political party, parties or groups of candidates is regulated by the general imprint rules.

Examples of material covered by the general imprint rules

Vote ‘The Have More Fun’ Party on 7 May

Vote for candidates who support issue X

Example of an imprint

Printed by Armadillo Printing Ltd, 20 Barry Avenue, Leeds.Promoted by J Smith on behalf of the Campaign Group, both of 110 High Street, Stafford.

Local imprint rules

Campaign material solely intended to promote the election of a single candidate standing in an election would be regulated by the local imprint rules.

Examples of material covered by the local imprint rules

Vote Joe Bloggs in Ward X

Don’t vote for Joe Bloggs in Ward X

Key contacts

London CPS office contacts (note: ensure liaison with force election SPOC first)

Zoe MartinTel: 0203 357 [email protected]

Donna RaynerTel: 0203 357 [email protected]

Special Crime and Counter Terrorism DivisionCrown Prosecution ServiceRose Court2 Southwark Bridge RoadLondon SE1 9HSDX: 154263 Southwark 12

York CPS office contacts (note: ensure liaison with force election SPOC first)

Tara WallisTel: 01904 [email protected]

Simon OrmeTel: 01904 [email protected]

Special Crime and Counter Terrorism DivisionCrown Prosecution ServiceFoss HouseKing’s Pool1-2 Peaseholme GreenYork YO1 7PRDX: 65204 YORK 6

Electoral Commission

Further advice:Richard JordanSenior Adviser (Electoral Integrity)Tel: 020 7271 0562Mob: 07827 [email protected]


mailto:[email protected]





Daniel AdamsonMonitoring and Analysis ManagerThe Electoral Commission3 Bunhill RowLondon EC1Y 8YZTel: 020 7271 0631Mob: 07917 [email protected]

Tom HawthornHead of Electoral PolicyTel: 020 7271 0712Mob: 07917 [email protected]

Media:Megan PhillipsSenior Communications OfficerTel: 0207 271 [email protected]

Electoral Commission regional contacts

Eastern and South East Team:Philippa Saray Tel: 020 7271 [email protected]

London Team:Adrian Green Tel: 020 7271 [email protected]

Midlands Team: Chris HindeTel: 020 7271 [email protected]

North of England Team:Barbara LinesTel: 020 7217 [email protected]

South West Team:Adrian Green Tel: 020 7271 [email protected]










National Policing Lead

ACC Gareth Cann via:Inspector John AskewWest Midlands PoliceMob: 07825 [email protected]

Wales

Police:Detective Inspector Paul GiessSouth Wales PoliceTel: 01792 [email protected]

Electoral Commission in WalesCatherine DixonSenior Electoral Practice and Performance OfficerTel: 02920 [email protected]

An all-hours telephone service for Wales during the election period is available on 07798 915667.





Previous allegationsExamples of previous allegations considered under section 106 RPA 1983. The specific context will need to be considered in all cases.

Case name Citation Examples of statements made in cases concerning false statement of fact as to candidate

Offence under section 106 RPA 1983 (or section 91(1) RPA 1949?

R (on the application of Woolas) v Parliamentary Election Court

[2010] EWHC 3169 (Admin)

‘He's reneged on his promise to live in the constituency.’

No. This was held to be a statement as to the candidate’s political conduct.

A statement that the candidate attempted to seek the electoral support of Muslims who advocate violence, in particular towards a rival candidate.

Yes. This was held to be a statement about his personal conduct that he condoned criminal conduct.

A statement that the candidate had not rejected the endorsement of him by an extremist group or condemned their actions.

Yes. This was held to be a statement that the candidate was a man whose personal character was such that he refused to condemn threats of violence.

DPP v Edwards [2002] EWHC 636 (Admin)

‘Labour Councillor Harry Kilkenny while sitting as chairman of housing hands his son-in-law's company a £125,000 building contract.’

Yes. This was held to relate to Mr Kilkenny’s personal conduct and character.

Pirbhai v DPP CO/2963/94 ‘Avoid Mr Straw who hates Muslim [sic], because he is from a Jewish family and Jews are enemy of Islam and he is tyrant of Labour Party. … No doubt he hates Muslim [sic].’

Yes. It was held that the statements related to Mr Straw’s personal character or conduct. It was held on appeal that statements as to the state of mind of Mr Straw were capable of being statements of fact within section 106.


Case name Citation Examples of statements made in cases concerning false statement of fact as to candidate

Offence under section 106 RPA 1983 (or section 91(1) RPA 1949?

Fairbairn v Scottish National Party

[1979] SC 393 ‘The staff of the House of Commons Post Office … have taken to complaining that the uncollected mail for the colourful Nicholas Fairbairn, M.P., is threatening to take over their entire space.’

No. It was held that the words complained of reflected on the public or political character of the candidate concerned but not upon his personal character.


Force election SPOC/local authority contact checklistThis is a checklist of topics that might be considered at the pre-event planning meeting between a SPOC and the named local authority contact. It has been prepared as a starting point to work from rather than setting out an approach that must be followed.

The checklist may help: as a basis for discussion at the initial pre-event planning meeting and at a

further meeting once the candidates and registered campaigners are known the returning officer to ensure that their project plan shows that processes are

in place to identify any patterns of activity that might indicate potential integrity issues and what steps are to be taken to deal with any such integrity issues.

General Identify named and alternative contacts at the local authority for elections and

referendums. Establish what cover will be in place for any planned leave, especially in the

period after polling day. Exchange contact details for all, including out-of-hours numbers and backups. Identify and discuss any issues of concern or risk arising from a review of

previous elections and any other issues that may need particular attention at the next election or referendum. For example:

o Candidates who are new to the electoral process. These candidates may also have untried and inexperienced supporters. It is more likely that aspects of the legislation will be inadvertently overlooked, including nomination forms, giving rise to allegations of malpractice. The same issues apply to campaigners at referendums.

o Closely contested seats, especially where these may affect the overall control of the authority.

o Contests in urban and metropolitan wards, where fewer votes are needed to win a seat compared with a UK or European parliamentary election.

o Where there is a community with limited language or literacy skills which may be more vulnerable to deception or less likely to realise that their vote has been stolen.

o Cross-boundary absent voter identity checks for UK and European parliamentary constituencies.

o Formal timescales with a large number of last-minute applications to register to vote and/or to vote by post or proxy.

o Overnight security of ballots when counting takes place on Friday. Identify locations that have historically had incidents or currently show

potential for being at risk. Ensure that the discussion does not focus


exclusively on these areas and that any measures proposed are proportionate.

Refer substantiated suspicions or allegations. Although elections staff are uniquely placed to identify malpractice and are required to carry out some checking processes as required by electoral law, if there are any suspicions or allegations that can be substantiated and the complainant is prepared to make a statement in writing, the matter should be referred to the force election SPOC for investigation.

Agree trigger points or thresholds for where matters should be reported and for where a combination of issues becomes serious enough to warrant more urgent attention.

Clarify where the force election SPOC will act (such as allegations of electoral malpractice) and where others may act on operational matters, for example, in maintaining order outside polling stations.

Pre-election and pre-referendum issues Registration issues (note: these are issues that fall within the remit of the

electoral registration officer rather than the returning officer or counting officer), for example:

o Suspicious registration applications submitted during the annual canvass period.

o Suspicious registration applications received outside the annual canvass period. Outside the annual canvass period details of additions and deletions to the register are published each month.

o Electoral registration officers will also be required to publish two additional updates to the register in the run-up to an election. This may prompt additional challenges or objections to entries on the register.

o Suspicious postal and proxy applications. Agree triggers for reporting and police response.

It may be that the motive for false registration is financial or another, non-electoral crime that would be investigated by an economic crime team, or similar, rather than the force election SPOC. Nonetheless, the RPA 1983 electoral offence should at least be considered in the investigation where appropriate.

Where UK parliamentary constituencies cover more than one local authority area, the SPOC may need to contact the electoral registration officer for each area.

Candidates/agents/registered campaigners briefing issues:o Will the force election SPOC be notified and invited to attend?o Consider national Code of conduct for campaigners: postal voting,

postal proxy voting, proxy voting and polling stations and Postal voting – a quick guide for party workers (an A5-sized guide) .

o Establish whether a local code of conduct has been agreed that goes beyond the national agreed code of conduct, for example, requiring


http://www.electoralcommission.org.uk/__data/assets/electoral_commission_pdf_file/0009/71892/Quick_guide_party_worker_E-and-W_WEB.pdf

http://www.electoralcommission.org.uk/__data/assets/electoral_commission_pdf_file/0009/71892/Quick_guide_party_worker_E-and-W_WEB.pdf

http://www.electoralcommission.org.uk/__data/assets/pdf_file/0011/179741/Code-of-conduct-for-campaigners-2015.pdf


that party workers should not handle completed ballot papers (note: where a local code of conduct is proposed, no stigma should be attached to any candidate or party not wishing to subscribe to it).

Media strategy issues: police and council press officers should exchange contact details and briefings as appropriate.

Public order and public safety issues, for example, in maintaining order outside polling stations. Electors who are queuing in or outside a polling station at the close of poll will be given a ballot paper and allowed to vote. The likelihood that police support may be required at the close of poll and how it might be provided should be discussed.

Election/referendum period issues Arrange a meeting after the close of nominations or appointment of registered

campaigners to review strategy in view of issues particular to the contest and candidates or referendum campaigners. Although nominations for European parliamentary and local elections will close at the same time, it should be noted that European parliamentary nominations will go to the regional returning officer and local nominations (such as for district council elections) will go to the relevant local authority returning officer.

The RPA 1983 requires the electoral registration officer to publish two additional updates to the register during the election period.

Discuss any matters arising from poll card issues. Force election SPOC to be alerted to postal ballot delivery issues, for

example:o Royal Mail Group Ltd or other means of deliveryo delivery dates by areao liaison with Royal Mail Group Ltd contact for the election/referendumo internal distribution of Postal voting – a quick guide for Royal Mail

drivers and delivery staff by Royal Mail Group Ltd. Postal vote opening issues, for example:

o planned dates and timeso police presenceo identifier processeso special opening of suspicious postal ballots, if neededo white powder in envelope procedures.

There is no provision in electoral law specifically enabling a police officer to attend any postal vote opening session. Force election SPOCs are encouraged to attend a postal vote opening session to gain an insight into the process. The recommended approach is for the force election SPOC to apply to the Electoral Commission for accreditation as an official observer at the earliest opportunity. It is important that the force election SPOC avoids becoming involved in the process. If the need for investigation arises, this should be conducted after the event.


http://www.cpni.gov.uk/advice/physical-security/screening/mail-and-deliveries/



Polling day issues Local authority contact to provide a list of polling stations. Force election SPOC should discuss the level of police support dedicated to

polling stations or mobile support. Note: police and community support officers, in addition to police officers, are allowed to enter polling stations.

Personation guidance and statement form. Discuss action in relation to a disturbance within a polling station and

maintaining order outside a polling station especially at close of poll. Tellers – what local arrangements are in place? Issues relating to the collection of postal ballots, for example:

o Will postal ballots be collected from polling stations during the day?o Are any problems expected and would police support be prudent?

What arrangements are in place for overnight and interim security of ballot papers/boxes, especially for the European parliamentary ballot papers, until they are counted on the following Sunday?

Issues relating to the count, for example:o When and where will it take place (centralised or decentralised)?o Police presence and other security at the venue(s) – in particular,

control of access to venue and monitoring who is present.o Procedure for dealing with suspicious postal voting statements.o Postal ballot papers marked with correction fluid.

Post-election issues Allegations of malpractice. Rejected postal ballot statements. There is a duty under RPA 1983 on electoral registration officers to notify

every elector whose postal ballot was rejected. This may lead to allegations of electoral malpractice being identified by either the returning officer or electors themselves. The SPOC and the returning officer should clarify the procedure for resolving such allegations.

Access to documents. Recording of actions and audit trail. Reporting allegations to National Police Coordination Centre.


Maintaining order and preventing undue influence outside polling stations Background 1. Good order should be maintained outside polling stations to ensure that people who want to vote can enter without any hindrance. On occasion, however, incidents do arise in the vicinity of polling stations leading to complaints and allegations being made to the police and/or the Returning Officer (RO).

2. This document is designed to help the police think about how best to approach the issue of policing polling stations and offers some practical steps to help them reduce the likelihood of problems arising and deal with any that occur. It is aimed at the force election single point of contact (SPOC) but it may be of use to the RO, Presiding Officers, poll clerks and other staff of the RO. It should be read in conjunction with section 3 of the Code of conduct for campaigners: postal voting, proxy voting and polling stations.1

Note: Previously this advice was presented here under the heading Maintaining order outside polling stations. The purpose of this advice note is to ensure that:

good order is maintained outside polling stations; every effort is made to avoid voters being subjected to undue influence

when trying to enter the polling station to cast their vote; and tellers2 are able to fulfil their important role.

It has recently been highlighted3 how difficult the RPA (1983) section 115 offence of undue influence is to apply when voters consider that they are intimidated or harassed outside a polling station when arriving to vote. There are two separate issues that should be considered:

People gathering outside a polling station

If a lot of people gather outside a polling station to the extent that voters cannot get in without difficulty, then consideration should be given to the use of public order powers to disperse those who do not need to be there.

Undue influence of electors wishing to vote

1 http://www.electoralcommission.org.uk/__data/assets/pdf_file/0011/179741/Code-of-conduct-for-campaigners-2015.pdf2 Tellers are an established part of the democratic process although they have no standing in law. Tellers are usually volunteers for candidates, parties or campaigns who are positioned outside a polling station to ask voters for their elector number to see whether their supporters have turned out.. This activity is not illegal and may help to increase turnout by allowing campaigners to contact electors who have not voted. However, tellers may be seen as impeding, obstructing or intimidating electors on their way into the polling station/place. Any decision regarding the location or behaviour of tellers is a matter for the Presiding Officer and RO, and tellers must comply with their instructions.3 See Erlam & Ors v Rahman & Anor [2015] EWHC 1215 (QB) paragraphs 163 – 169 and 575 – 624. http://www.bailii.org/ew/cases/EWHC/QB/2015/1215.html


http://www.bailii.org/ew/cases/EWHC/QB/2015/1215.html



If there is any indication from voters or other campaigners that people may have been subject to undue influence or intimidation then be clear about how you deal with it with reference to the specific offence

If undue influence outside polling stations is not given prominence in the briefing for police officers then there is a danger that it may take place unseen and unchecked.4

Overarching principle/priority 3. The priority for the police is to protect the right of voters to freely cast their votes, and also the right of campaigners to campaign. Any police action should be clear that these priorities are protected.

4. The process of going in person to a polling station to cast a vote is seen by many as not only a civic duty but also a social event. It is an opportunity to meet friends, neighbours and even a candidate or an agent before or after casting their vote. This interaction is a natural part of a democratic society and should not be discouraged. This should be a primary consideration for the RO, Presiding Officers, candidates, agents, tellers or police officers before action is taken to disperse people who may congregate outside a polling station.

5. To some people a group of people outside a polling station may seem to be innocent and without malicious intent. However, others may perceive it as threatening and obstructive. The situation may become aggravated where, for example, there is close political rivalry, with one side being suspicious of the actions of another or simply wishing to present the other party in a bad light. It is difficult to decide how best to respond to such a situation without offending one side or the other. The clearest guide is that the interests of the voter must take priority.

Potential offences 6. While there is an offence of undue influence, there is a range of other powers available to the police when considering how to address such incidents. Some examples include:

Highways Act 1980 – section 137 – obstruction of the highway Public Order Act 1986 – sections 4, 4A and 5 – threatening

behaviour/harassment Criminal Justice Act 1988 – section 39 – common assault/battery Offences Against the Person Act 1861 – section 47 – assault causing actual

bodily harm Criminal Damage Act 1971 – sections 1, 1(2) and 2 – damage to property Common law power of arrest – in relation to breach of the peace.

4 Please note that the Electoral Commission has published a set of do’s and don’ts for tellers which should be included in any briefing to ensure that any intervention is appropriate:http://www.electoralcommission.org.uk/__data/assets/pdf_file/0006/102858/fact-tellers-dos-and-donts-rc-ca.pdf


http://www.electoralcommission.org.uk/__data/assets/pdf_file/0006/102858/fact-tellers-dos-and-donts-rc-ca.pdf

http://www.electoralcommission.org.uk/__data/assets/pdf_file/0006/102858/fact-tellers-dos-and-donts-rc-ca.pdf

Working to prevent incidents outside polling stations 7. Those standing for election, their supporters and others campaigning at elections or referendums are likely to be committed to doing all they can to encourage electors to turn out to vote. Following the publication of the notice of election or referendum, the Electoral Commission recommends that ROs arrange a meeting with candidates, agents, tellers and campaigners at the earliest opportunity following the publication of the notice of election or referendum to communicate the same message to all concerned. This will ensure that everyone is aware of the local circumstances and conducts their campaign within the same guidelines. An early meeting may pre-empt problems by providing an opportunity to discuss campaigning in and around polling places and the conduct of tellers, Guidance should be distributed at pre-election/referendum meetings.

8. Specific preparations that may help to prevent or deal with issues are suggested below: The SPOC should agree the approach to be adopted and the standards of

acceptable behaviour with the local authority contact, parties, candidates and campaigners before the election.

Police presence is essential at those polling stations deemed by the SPOC and the local authority contact to be at high risk of electoral malpractice.

At polling stations where the RO and the SPOC have identified a significant risk of unacceptable behaviour by campaigners around the immediate entrance, they may consider using hazard-warning tape to mark out an area around the entrance that should be kept clear to allow people to access the building.

At polling stations in areas deemed to be at high risk of undue influence, the SPOC and the local authority contact may consider the merit of using CCTV coverage (where installed) and/or body-worn video cameras.

The SPOC may ask the local authority contact to see whether Presiding Officers can monitor and assist the police with information on alleged incidents outside their polling station.

If they are unable to speak to all participants at a candidates and agents meeting organised by the RO, the SPOC may contact agents for each party or candidate before the poll to seek their advice in helping to prevent issues involving their supporters that may arise before or during the poll, and on what they are prepared to do to speedily resolve any issue that does arise.

An appropriate police presence is essential at those polling stations deemed to be at high risk of electoral malpractice by the SPOC and the local authority contact.

The SPOC should agree with the local authority contact how quickly operational support should be deployed to resolve an incident at or in the vicinity of a polling station. This may vary according to the identified level of risk.


What to do when there are concerns about maintaining order or preventing undue influence outside a polling station 9. Everyone – Presiding Officers, police, candidates, agents, tellers and electors arriving to vote - should be alert to whether voters are affected by the behaviour of campaigners or others outside polling stations.

10. Any complaint about behaviour in the vicinity of a polling station should be directed to the relevant Presiding Officer in the first instance so that the matter can be dealt with and monitored by the polling station staff. However, while Presiding Officers have responsibility for ensuring that electors are given an opportunity to cast their vote in a free and fair manner, their power to act does not go beyond the polling station.

11. If it is not possible to contact the Presiding Officer, or the matter cannot be resolved by the Presiding Officer to the complainant’s satisfaction, contact should be made with the RO or a member of the RO’s staff.

12. The RO or their staff may try to resolve the matter by a direct approach to those causing concern. If this is not possible the RO or their staff should contact the candidate, the candidate’s agent or, if the candidate is standing for election on behalf of a political party, that party’s officers, and advise the police.

13. It may be that a complaint is made directly to the SPOC or the local police. If the informal actions outlined above do not resolve the problem, it would be appropriate to consider the use of police powers or to ask people to move.

14. The evidence gathered to date supports the view that no person has been prosecuted for undue influence during the past 10 15 years. It is most likely that remedial action by the police, for example, asking people to move, has had the desired effect without the need to resort to prosecution.

15. Presiding Officers and ROs have been advised that, if they are in doubt, they should consider what a reasonable observer would think. This consideration should be applied to the actions of anyone in the vicinity of a polling station.

16. This advice note acknowledges the value of having separate SPOCs for electoral fraud and operational matters and recognises that their roles may overlap.


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