Referendum on the UK's membership of the
European Union
Thursday 23 June 2016
Guidance on Activity in and around Polling
Places for Referendum Agents, Polling Agents
and Tellers
Andrew Kerr
Counting Officer – Edinburgh Voting Area
June 2016
General Guidance for Referendum Agents,
Polling Agents and Tellers
For the purpose of this Guidance
The Polling Place is the school or other building used for polling, the
grounds of and any buildings ancillary to the school or other building and
the walls, railings or fences surrounding the school or other building. Each
Polling Place has between one and four Polling Stations.
The Polling Station is the room, hall or area in a Polling Place where
polling takes place.
The Presiding Officer (PO) is responsible for a Polling Station within the
Polling Place.
The Senior Presiding Officer (SPO) is responsible for the Polling Place
where there is more than one Polling Station. The PO at station No 1 will
normally be appointed as the SPO and has additional duties to the PO
duties.
The Single Station Presiding Officer (SSPO) is responsible for the
Polling Place where there is only one Polling Station and has additional
duties to the PO duties.
Who may be admitted to a Polling Station
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Voters;
Referendum Agents;
The Polling Agents appointed to attend at the Polling Station (but no more
than one can attend at the same time on behalf of the same Referendum
Agent);
Police officers on duty;
The companions of voters with disabilities;
Persons under the age of 18 who accompany Voters;
The Counting Officer for the Edinburgh Voting Area and members of his
staff; and
Representatives from the Electoral Commission and accredited observers.
No other person will be admitted.
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General Guidance
Passes: Referendum Agents and their Polling Agents will only be admitted
on production of a valid ID Pass on every occasion they seek admission.
This will be strictly enforced. If a Pass is lost, a replacement can be issued
by the Elections Office at the City Chambers. Please use the contact
numbers at the end of this Guidance to arrange this, if required. Please
help to ensure the safety and security of the Ballot by signing in and out
when you attend the Polling Place.
Requirements of Secrecy: Agents must read and abide by the
Requirement for Secrecy (see Appendix 1). This is a very serious matter
and breaches may be investigated by Police Scotland and could lead to
fines or imprisonment.
Conduct: See Appendix 2 - the Electoral Commission’s Code of Conduct
for Campaigners which provides a guide to what is, and is not, considered
acceptable behaviour at Polling Stations and in the community during the
lead-up to polling day.
Within a Polling Place, it is strictly forbidden to offer documentation or
literature or to make any other attempt by whatever means to influence
Voters as to how they cast their votes.
Poll Cards are the property of
Voters. They are not required
to surrender them and must
not be pressurised to do so.
Any cards presented to POs
will be returned to the Voter.
Marked Registers, Lists of
Electors who have or have not
voted or any other polling
information must not be taken out of Polling Stations before the poll closes.
The fixing of bills/posters to any part of Polling Place e.g. walls, railings,
fences, etc is not permitted. Bills will normally be allowed on the
pavements outside a Polling Place provided that they are positioned so as
not to cause any obstruction to pedestrians, vehicular traffic or to Polling
Place signage. Any question of obstruction will be managed by the SPO or
SSPO in conjunction with the Police, if required.
Cars displaying election material are not normally allowed within the
Polling Place. However, cars which bring disabled or elderly persons to
vote may, where local conditions permit, be allowed to bring those persons
to the door of the Polling Place. In such circumstances the cars should wait
in a discreet place while the persons are voting and should leave the
Polling Place without delay as soon as the persons have voted or as
directed by the SPO or SSPO.
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There is no specific entitlement for Agents to be informed of the number of
persons who have voted. However, to assist in giving live information on
turnout, Counting Officers have asked their POs to tell Polling Agents how
many papers they have issued as at the time of the request. The
information is to be supplied if asked for however, POs can ask Agents to
wait if they are busy dealing with voters when the request is made.
Smoking in Polling Stations and within Polling Places is not permitted.
Candidates and their Agents are required to comply with this restriction.
Please also pay attention to the requirements of the Polling Place which
many have a no smoking policy covering the grounds and in these cases
please respect these restrictions. In any case please be considerate and
do not litter the area.
Specific Guidance for Referendum Agents
All Referendum Agents are entitled to attend Polling Stations.
Referendum Agents can do anything that a Polling Agent is entitled to do
(see below).
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Specific Guidance for Polling Agents
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Referendum Agents can also
appoint Polling Agents to visit
Polling Stations on their behalf
on polling day although there is
no obligation to appoint any such
Agents.
There is no limit on the number
of Polling Agents that may be
appointed,
You must appoint any Polling
Agents by informing the Counting
Officer in writing by no later than
16 June 2016. The Counting
Officer has issued you with a
template form for this purpose.
The role of Polling Agents is to
help detect and prevent the
offence of “personation” (where
someone votes illegally by
pretending to be another person
or by trying to vote more than
once).
While Polling Agents have a role
to support their Referendum
Agent, they also have an important part to play as the “eyes and ears”
of the public in assuring that the Election is carried out securely and
according to the rules. Polling Agents are not there to campaign but to
give assurance to the integrity of the process.
Polling Agents serve a number of purposes for Referendum Agents.
They may:
observe the PO showing the empty ballot box(es) prior to sealing;
require the PO to put the statutory questions to any Voter suspected of
personation or attempting to vote twice before they are issued with a
ballot paper;
be present when the PO marks ballot papers at the request of Voters
who need assistance marking their ballot paper because of disability or
an inability to read or write;
mark off on their copy of the Register of Electors those Voters who
have applied for a ballot paper; and
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be present at the close of Poll when the various packets of documents
are sealed and they may attach their seal to them, including the ballot
box(es).
As above, Polling Agents are required to maintain the secrecy of voting
and are subject to the legal requirements relating to secrecy outlined in
Section 66 of Representation of the People Act 1983 (as modified by
Section 18 of Schedule 1 to the European Union Referendum
(Conduct) Regulations
2016). They must not
give information to
anyone as to who has
or has not voted, or a
person’s elector
number, or the official
mark on the ballot
papers. Polling Agents
may mark off on their
copy of the Register of
Electors those Voters
who have applied for
ballot papers, but if they leave the Polling Station during the hours of
polling, their marked copy of the Register should be left in the Polling
Station in order not to breach the secrecy requirements.
Not more than one Polling Agent on behalf of the same Referendum
Agent may be admitted into a particular Polling Station at any one
time. Any Polling Agent may be appointed to attend more than one
Polling Station.
Although a Polling Agent is entitled to witness various aspects of the
polling procedure, the procedure is not invalidated if they have not
witnessed it.
Polling Agents must not wear a rosette or other means of identifying
them with an answer to the Referendum question – Remain or Leave whilst present in a Polling Station.
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Specific Guidance for Tellers
Tellers are people who stand outside Polling Places and may be appointed
by registered Campaigners to give them an estimate of turnout and who
has already voted. This is purely a campaigning activity and is not the
responsibility of the Counting Officer or his staff. Registered Campaigners
and Referendum Agents are responsible for the behaviour of their Tellers.
Tellers must not give the impression that they are employed by the
Counting Officer. They should concern themselves only with checking who
has voted. They must not ask Voters who they intend to vote for or how
they have voted.
Tellers have no legal status and Voters have the right to refuse to give
them any information.
Voters must not be approached until after they have left the Polling Place.
The usual means of telling is to ask Voters for their Poll Cards (but see
General Guidance above) or electoral number. If a Voter does not have a
Poll Card and does not know his or her electoral number Tellers may ask
for the Voter’s name and address but must not give the impression that the
information is to be provided for official purposes. If the Voter refuses he or
she must not be pressed. Voters must not be
asked to re-enter the Polling Station to
ascertain their electoral number. Tellers must
not impede or obstruct Voters on their way in
or out of the Polling Station or Polling Place.
There should be no more than one
Teller at a Polling Place for each Campaigner
at any time. Where a Polling Place contains
more than one Polling Station with separate
entrances it may be appropriate for there to
be Tellers at each entrance but again no
more than one per Campaigner at any time.
Tellers’ behaviour and numbers
should never be capable of being seen as
intimidating in any way. They must not have
discussions with Voters that may give rise to allegations of undue influence
e.g. about voting intentions or Campaigner affiliations.
Tellers are only permitted inside a Polling Place at the SPO or SSPO’s
discretion. Tellers must respect the SPO or SSPO’s decision as to their
location. Since that decision will be based in part on ensuring that access
for Voters is not obstructed it is likely to vary from Polling Place to Polling
Place. Tellers must not be able to see or hear what is going on inside the
Polling Station. Tellers cannot enter the Polling Station under any
circumstances in their capacity as Tellers
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Tellers should wear coloured rosettes of a reasonable size, as this assists
Voters by making it clear that they are Registered Campaign workers and
not electoral officials. The rosette may display the name of a Registered
Campaign or answer to the Referendum question – Remain or Leave - but
should not bear a slogan. Tellers must not wear, carry or display any
headwear, footwear or other apparel that carries any writing, picture or sign
relating to any Registered Campaign apart from a rosette.
Further information for Tellers – Guidance and Dos and Don’ts – can be
found at:
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http://www.electoralcommission.org.uk/__data/assets/pdf_file/0007/19
8718/EU-Ref-Tellers-guidance.pdf
http://www.electoralcommission.org.uk/__data/assets/pdf_file/0010/19
8721/EU-Ref-Tellers-dos-and-donts.pdf
Further information
Please raise any questions, concerns or issues with the SPO or SSPO
in the first instance.
If you encounter any problems on polling day you can also phone the
Elections Office on 0131 529 7245/3033/4864/3123 or 0131 469 3126.
Electoral Commission guidance can be found at:
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http://www.electoralcommission.org.uk/i-am-a/party-orcampaigner/campaigners-in-referendums
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Appendix 1 – Requirements of Secrecy
Referendum on the UK's membership of the European Union –
Thursday 23 June 2016
Requirement of Secrecy for every person attending at a Polling Station
The applicable provisions are outlined in Section 66 of Representation of
the People Act 1983 (as modified by Section 18 of Schedule 1 to the
European Union Referendum (Conduct) Regulations 2016) and Regulation
24 (1) (a) of the 2016 Regulations. These are:(1) The following persons—
(a) the Chief Counting Officer, and every Regional Counting Officer
and counting officer, attending at a polling station in the United
Kingdom,
(b) every deputy of such an officer so attending,
(c) every presiding officer and clerk so attending,
(d) every referendum agent, polling agent and counting agent so
attending, and
(e) every person so attending by virtue of any of sections 6A to 6D of
the Political
Parties, Elections and Referendums Act 2000,
shall maintain and aid in maintaining the secrecy of voting and shall not,
except for some purpose authorised by law, communicate to any person
before the poll is closed any information as to—
(i)
(ii)
the name of any person who has or has not applied for a ballot
paper or voted at a polling station;
the number on the register of electors of any person who, or
whose proxy, has or has not applied for a ballot paper or voted at
a polling station; or
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(iii)
the official mark.
[…..]
(3) No person shall—
(a) interfere with or attempt to interfere with a voter when recording his
vote;
(b) otherwise obtain or attempt to obtain in a polling station information
as to the referendum answer for which 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 referendum answer for which a voter in that
station is about to vote or has voted, or as to the number or other
unique identifying mark on the back of the ballot paper given to a
voter at that station;
(d) directly or indirectly induce a voter to display his ballot paper after he
has marked it so as to make known to any person the referendum
answer for which he has or has not voted.
(5) No person having undertaken to assist a voter with disabilities to vote
shall communicate at any time to any person any information as to the
referendum answer for which that voter intends to vote or has voted, or
as to the number or other unique identifying mark on the back of the
ballot paper given for the use of that voter. “Voter with disabilities” has
the meaning given by regulation 36(11) of the European Union
Referendum (Conduct) Regulations 2016.
[…..]
(6) If a person acts in contravention of this section he shall be liable on
summary conviction to a fine not exceeding level 5 on the standard scale
or to imprisonment for a term not exceeding 6 months.
NB: The reference in subsections (1) to the closure of the poll are to be
read, in relation to the referendum, as references to the closure of the poll
in the United Kingdom or Gibraltar, whichever is the later.
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Appendix 2 – Electoral Commission - Code of Conduct for
Campaigners
Code of Conduct for campaigners: electoral registration, postal
voting, proxy voting and Polling Stations
Campaigners are an essential element of a healthy democracy, and their right
to put their arguments to voters should be supported and protected. It is equally
important, however, to ensure that the activities of campaigners do not bring
into question the integrity of the electoral process.
This code provides a guide for campaigners, electoral administrators and police
forces to what is, and is not, considered acceptable behaviour at Polling
Stations and in the community during the lead-up to polling day.
As a guiding principle, if there is any doubt about a particular activity,
campaigners should ask themselves “What would a reasonable observer
think?”
More detailed guidance about electoral offences can be found in the guidance
for Candidates and Agents, which is available at:
http://www.electoralcommission.org.uk/i-am-a/candidate-or-agent
The Code has been sent to all registered political parties in Great Britain, and
Returning Officers will draw it to the attention of all Candidates and parties
contesting elections.
Some Returning Officers may identify the need to develop and seek agreement
to specific local provisions which supplement the terms of this Code, in order to
address identified local risks. Returning Officers must consult with local
campaigners and the relevant national Nominating Officers as well as police
forces to secure appropriate local agreement to such provisions, and should
ensure that they are communicated and well-understood by campaigners
locally.
Scope of this code
This code covers all those actively involved in campaigning in elections or
referendums in Great Britain. All references to campaigners in this code
include:
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Candidates standing at an election, their Agents and their staff and
supporters
Political party officers, members and supporters campaigning at an election
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Other people and organisations campaigning for or against a Candidate, a
group of Candidates or a party at an election
People and organisations campaigning for or against a particular outcome
at a referendum
Compliance with this code
Any concerns that this code has been breached should be raised first with the
Candidate, political party or campaigner in question.
Any further concerns should be drawn to the attention of the Electoral
Commission. The Commission will raise them with the relevant party or
campaigner if appropriate, and will agree appropriate actions to remedy or
prevent a reoccurrence of any breach.
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Electoral registration and absent vote applications
1.1 Campaigners should be free to encourage voters to register to vote and
apply to vote by post or appoint a proxy to vote on their behalf, if that is
the most convenient way for them to vote.
Campaigners can help to inform voters about how to participate in
elections, and Electoral Registration Officers should support you by
providing you with a reasonable number of registration and absent vote
application forms on request. Voters can also register online at
www.gov.uk/register-to-vote
1.2 Campaigners should ensure that any electoral registration forms and
postal or proxy voting application forms conform fully to the requirements
of electoral law, including all the necessary questions and the options
open to electors.
You can download electoral registration forms from www.gov.uk/registerto-vote and absent vote application forms from www.aboutmyvote.co.uk
1.3 Campaigners should ensure that the local Electoral Registration Officer’s
address is clearly provided as the preferred address for the return of
registration and absent vote application forms.
To ensure voters can make their own choice about how to return
registration or absent vote application forms, you should always clearly
provide the relevant Electoral Registration Officer’s address as the
preferred return address, even if an alternative address is also given. This
will also minimise the risk of suspicion that completed applications could
be altered or inadvertently lost or destroyed.
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1.4 Campaigners should send on unaltered any completed registration or
absent vote application forms given to them to the relevant Electoral
Registration Officer’s address within two working days of receipt.
To minimise the risk of absent vote applications being refused because
completed forms arrive with the Electoral Registration Officer after the
statutory deadline before a poll, you must ensure that there is no
unnecessary delay in forwarding on application forms which you receive
directly.
1.5 Campaigners should always explain to electors the implications of
applying to vote by post or appointing a proxy.
It is important that electors understand that they will not be able to vote in
person on polling day if they or their proxy apply for and are granted a
postal vote, and will not be able to vote in person if their appointed proxy
has already voted on their behalf. To avoid duplication and unnecessary
administrative pressures for Electoral Registration Officers, campaigners
should try to ensure that electors who are included in current postal or
proxy voter lists, or have already applied for a postal or proxy vote for a
particular poll, do not Submit an additional application.
Postal vote applications
1.6 Campaigners should never encourage electors to have their postal ballot
pack redirected to anywhere other than the address where they are
registered to vote.
Electors should take care to protect their ballot paper and postal ballot
pack, and they will be best able to do so at their home address unless
there are compelling reasons why receiving the postal ballot pack at the
address where they are registered to vote would be impractical. Electors
must state on the application form the reason why they need their postal
ballot pack sent to another address.
Proxy vote applications
1.7 Electors should be encouraged to explore other options for people to act
as a proxy – including relatives or neighbours, for example – before a
campaigner agrees to be appointed as a proxy.
To minimise the risk of suspicions that campaigners may be seeking to
place undue pressure on electors, electors should not be encouraged to
appoint a campaigner as their proxy.
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Postal voting ballot papers
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2.1 Campaigners should never touch or handle anyone else’s ballot paper.
If you are asked for assistance in completing a ballot paper, you should
always refer the voter to the Returning Officer’s staff at the elections office
who may be able to arrange a home visit if necessary. Assistance will also
be available for electors at Polling Stations.
2.2 Campaigners should never observe voters completing their ballot paper. If
you are with a voter when they complete their ballot paper, remember they
should always complete it in secret.
You should ensure that the voter seals both envelopes personally and
immediately after completing their ballot paper and postal voting
statement. If you are asked to give advice, it is acceptable and often
helpful to explain the voting process, but do not offer to help anyone to
complete their ballot paper.
2.3 Campaigners should never handle or take any completed ballot paper or
postal ballot packs from voters.
Wherever practical, you should encourage voters to post or deliver the
completed postal ballot pack themselves. If you are approached or asked
for help by a voter who is unable to post their completed postal ballot pack
or make any other arrangements for it to be returned in time, you should
contact the Returning Officer to ask them to arrange for it to be collected.
The Returning Officer may agree that it would be in the voter’s best
interest for you to deliver the completed postal ballot pack to the relevant
office or Polling Station, if there are no feasible alternative options.
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Campaigning outside Polling Places
3.1 Campaigners should be allowed to put their messages to voters on polling
day, including in public spaces outside Polling Place s.
Polling Station staff and police officers should not seek to discourage or
remove campaigners who are otherwise peacefully communicating with
voters, as long as they are not within or impeding access to the grounds of
the Polling Place. You should be careful, however, to ensure that your
approach is proportionate and should recognise that groups of supporters
may be perceived as intimidating by voters.
3.2 Campaigners should keep access to Polling Place s and the pavements
around Polling Place s clear to allow voters to enter.
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The Presiding Officer is responsible for maintaining order in the Polling
Place, and you may be asked to move by Polling Station staff or police
officers if you are impeding access by voters to a Polling Place.
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Complaints and allegations about electoral fraud
4.1 Campaigners should be prepared to give the police a statement and
substantiate any allegations of electoral fraud they make.
The police will investigate allegations where someone is prepared to
provide evidence or a statement in support of the complaint, but
unsubstantiated claims about electoral fraud have the potential to damage
confidence in the integrity of the electoral process. You should ensure you
are confident that evidence can be provided to the police before
considering whether it is appropriate to publicise any specific allegation.
4.2 Campaigners who are concerned or think that electoral fraud may have
taken place should raise the matter with their election Agent or local party,
or with the relevant Electoral Registration Officer or Returning Officer for
the area.
They may be able to explain whether or not an election-related crime has
been committed, and refer it to the police if appropriate or provide details
of the police contact for the relevant area so that campaigners can report
their allegation. Concerns about breaches of the political finance rules
should be raised directly with the Electoral Commission.
4.3 Any campaigner who has actual evidence that an electoral offence has
been committed should report it directly and without delay to the police.
If appropriate, the police will investigate the matter. Every police force has
designated a Single Point of Contact (known as a SPOC) to lead on
election matters and who will deal directly with the matter or give advice to
local police officers. The Electoral Commission can help provide contact
details for local police force SPOCs.
Agreed and effective from December 2014
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