Contents
Schedule 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
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Schedule of election and referendum-related crimes and penalties
Representation of the People Act (RPA) 1983
Each election and referendum will have its own legislation but offences typically mirror those in the RPA 1983.
RPA 1983
section
13D(1)
13D(1A)
Summary of offence
False registration information
Providing, for any purpose connected with the
registration of electors, false information to a
registration officer
A 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
False information in relation to postal/proxy
voting
Providing false information in connection with
an application to which any of the following
apply:
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
Person or persons
liable
Any person
Any person
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Category of
offence
Penalty
Up to six months’
imprisonment and/or
an unlimited fine
Note: when section
281(5) Criminal
Justice Act 2003
comes into force the
maximum period of
imprisonment will be
51 weeks
Up to six months’
imprisonment and/or
an unlimited fine
Note: when section
281(5) Criminal
Justice Act 2003
comes into force the
maximum period of
RPA 1983
section
Summary of offence
Person or persons
liable
for a particular period specified in their
application), or
Where 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
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
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,
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Category of
offence
Penalty
imprisonment will be
51 weeks
RPA 1983
section
60
61(1)
61(2)(a)
Summary of offence
paragraph 7(4), Schedule 4 to the
RPA 2000
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
Personation
Votes 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
Voting whilst under a legal incapacity
a. 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
Multiple voting
Voting as elector other than by proxy either:
Person or persons
liable
Category of
offence
Penalty
Any person (who
commits, aids, abets,
counsels or procures
the commission of the
offence of
personation)
Corrupt
practice
Any person
Illegal
practice
On summary
conviction: an
unlimited fine and/or
up to six months’
imprisonment.
On indictment: fine
and/or up to two years’
imprisonment
An unlimited fine
Any person
Illegal
practice
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An unlimited fine
RPA 1983
section
Summary of offence
Person or persons
liable
Penalty
Illegal
practice
An unlimited fine
Illegal
practice
An unlimited fine
i.
61(2)(b)
61(2)(c)
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
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
Multiple voting
Any person
Voting as an elector in person at a
parliamentary or local government election at
which you are entitled to vote by post
Multiple voting
Any person
Voting as an elector in person at a
parliamentary or local government election,
knowing that a person appointed to vote as your
Category of
offence
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RPA 1983
section
61(2)(d)
61(2A)
Summary of offence
Person or persons
liable
proxy at the election either has already voted in
person or is entitled to vote by post
Multiple voting
Any person
Applying 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
Multiple voting
Any person
At London Mayoral and London Assembly
elections, voting as an elector otherwise than by
proxy more than once:
at the same election of the Mayor of London
at the same election of London members of
the London Assembly
at the same election of a constituency
member of the London Assembly (in the
same constituency)
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
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Category of
offence
Penalty
Illegal
practice
An unlimited fine
Illegal
practice
An unlimited fine
RPA 1983
section
61(3)
61(3A)
Summary of offence
Person or persons
liable
Any person
Multiple voting
Voting as a proxy for the same elector
either:
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
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
… (repealed)
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
Multiple voting – Assembly elections
Any person
A 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 London
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Category of
offence
Illegal
practice
Penalty
Illegal
practice
An unlimited fine
An unlimited fine
RPA 1983
section
61(4)
61(5)
62(1)
Summary of offence
b. 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
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.
Multiple voting
Voting 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
Multiple voting
Knowingly 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
Offences as to declarations
Making 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)
Person or persons
liable
Category of
offence
Penalty
Any person
Illegal
practice
An unlimited fine
Any person
Illegal
practice
An unlimited fine
Any person
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An unlimited fine
RPA 1983
section
Summary of offence
Category of
offence
Penalty
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’
imprisonment
On indictment: fine
and/or up to two years’
imprisonment
ii.
62A
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
statement which is false, or
Attesting a service declaration when a person
knows:
i.
that they are not authorised to do so, or
ii.
that it contains a false statement as to
any particulars required by regulations
under section 16
Offences relating to applications for postal
and proxy votes
Engaging 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
Person or persons
liable
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RPA 1983
section
63(1)
Summary of offence
Person or persons
liable
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
or proxy vote or containing a postal ballot
paper not to be delivered to the intended
recipient
Breach of official duty
Any person to whom this section applies, acting
without reasonable cause, will be in breach of
his official duty by any act or omission
b)
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
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Category of
offence
Penalty
An unlimited fine
RPA 1983
section
Summary of offence
65(1)
Tampering with nomination papers, ballot
papers etc.
At a parliamentary or local government election:
a. fraudulently defacing or fraudulently
destroying any nomination papers, or
b. 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
Person or persons
liable
service provider or
their deputy
Any person
Returning officer,
presiding officer or a
clerk appointed to
assist in taking the poll
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Category of
offence
Penalty
Offence
On summary
conviction: an
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
65A(1)
Summary of offence
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
Ireland.
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
(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
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 elector
ii.
if written by the elector, was not written
by them for the purpose of signifying that
Person or persons
liable
Category of
offence
Penalty
Any person
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
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RPA 1983
section
65A(1A)
Summary of offence
Person or persons
liable
they were proposing, seconding or
assenting to the nomination; or
a certificate authorising for the purposes of
rule 6A of the parliamentary elections rules
the use by a candidate of a description if
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
False statements by candidates on
Any candidate
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 birth
b. 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
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Category of
offence
Penalty
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
RPA 1983
section
66(1)
66(2)
Summary of offence
Requirement of secrecy
Every 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
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
Requirement of secrecy
Every 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
Person or persons
Category of
liable
offence
Returning officers,
presiding officers,
every candidate and
election agent and
every person
attending by virtue of
section 6A to 6D of the
Political Parties,
Elections and
Referendums Act
2000
Penalty
Any person
An unlimited fine, or a
term of imprisonment
not exceeding six
months
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An unlimited fine, or a
term of imprisonment
not exceeding six
months
RPA 1983
section
66(3)
66(4)
Summary of offence
Person or persons
liable
for whom any vote is given on a particular
ballot paper
Requirement of secrecy
Any person
No person shall:
a. interfere with or attempt to interfere with a
voter when recording their vote
b. otherwise obtain or attempt to obtain in a
polling station information as to the
candidate for whom a voter in that station is
about to vote or has voted
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
Requirement of secrecy
Any person
Every person attending the proceedings in
connection with the issue or the receipt of ballot
papers for persons voting by post shall maintain
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Category of
offence
Penalty
An unlimited fine, or a
term of imprisonment
not exceeding six
months
An unlimited fine, or a
term of imprisonment
not exceeding six
months
RPA 1983
section
66(5)
Summary of offence
Person or persons
liable
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
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
Requirement of secrecy
No person having undertaken to assist a blind
voter to vote shall communicate at any time to
any person any information as to the candidate
Any person
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Category of
offence
Penalty
An unlimited fine, or a
term of imprisonment
not exceeding six
months
RPA 1983
section
66A(1)
66B
Summary of offence
Person or persons
liable
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
Prohibition on publication of exit polls
At 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
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
Failure to comply with conditions relating to
supply etc. of certain documents
Failure 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
Category of
offence
Any person
Electoral registration
officer or supervisor
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Penalty
An unlimited fine, or a
term of imprisonment
not exceeding six
months
Offence
On summary
conviction: an
unlimited fine
RPA 1983
section
73(6)
75(5)(a)
Summary of offence
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
Payment of election expenses
The making of payments towards a candidate’s
election expenses by any person which are not
made through the election agent is an offence.
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 agent
A person authorised by the election agent may
pay petty expenses to an agreed limit
Incurring of election expenses by
unauthorised person
No 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.
Person or persons
liable
Category of
offence
Penalty
Any person
Illegal
practice
An unlimited fine
Any person (other
than those specified)
Corrupt
practice
On summary
conviction: an
unlimited fine and/or
up to six months’
imprisonment.
This does not restrict publication relating to the
election in a newspaper, periodical, or public
service broadcast. It also excludes expenses
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On indictment: an
unlimited fine and/or
up to twelve months’
imprisonment
RPA 1983
section
Summary of offence
Person or persons
liable
Category of
offence
Penalty
Any person,
authorised by the
election agent, who is
not engaged or
employed for payment
or promise of payment
by the candidate or
the election agent
Corrupt
practice
On summary
conviction: an
unlimited fine and/or
up to six months’
imprisonment.
A person, authorised
to incur expenses by
the election agent,
who is not engaged or
Illegal
practice
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.
75(5)(b)
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.
Making a false statement in declaration of
expenses incurred by a person authorised
by the agent
A 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.
On indictment: an
unlimited fine and/or
up to twelve months’
imprisonment
It is an offence to knowingly make the
declaration falsely.
75(5)
Failure to make declaration of expenses
incurred by a person and authorised by the
agent
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An unlimited fine
RPA 1983
section
Summary of offence
A 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.
Person or persons
liable
employed for payment
or promise of payment
by the candidate or
the election agent
Category of
offence
Penalty
Candidate or election
agent
Illegal
practice
An unlimited fine
It is an offence to fail to deliver a direction as
required.
76(1B)
Exceeding limit on candidate 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.
The candidate’s personal expenses are
excluded at a parliamentary, Authority or local
government (in England and Wales) election.
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RPA 1983
section
76ZA(5)
Summary of offence
78(3)
Paying claims received late or after payment
deadline
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
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.
Person or persons
liable
Candidate or election
agent
Category of
offence
Illegal
practice
Penalty
Election agent
(including candidate
Illegal
practice
An unlimited fine
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An unlimited fine
RPA 1983
section
Summary of offence
Person or persons
Category of
liable
offence
where they act as their
own agent)
Every 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
later than the 28 day period (except where the
claim period is extended by leave of court)
82(6) making
Making a false declaration with the
Candidate or election
false
expenses return
agent
declaration
A candidate must deliver a return containing a
accompanying statement of all election expenses and all
expenses
payments made by the election agent,
return
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
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Corrupt
practice
Penalty
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
RPA 1983
section
Summary of offence
Person or persons
liable
Category of
offence
Penalty
Candidate or agent
Illegal
practice
An unlimited fine
Illegal
practice
An unlimited fine
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
84
Failing to make a return
Failing to deliver a candidate return or
declaration which is compliant with the
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 cards
Any person
No 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
23
Policing elections APP reference material
RPA 1983
section
97(1)
Summary of offence
99(1)
Officials not to act for candidates
Acting as a candidate’s agent in the conduct or
management of an election
Disturbances at election meetings
Acting or inciting others to act in a disorderly
manner for the purpose of preventing the
transaction of business for which the meeting
was called
Person or persons
liable
Any person
Category of
offence
Illegal
practice
Returning officers at a
parliamentary or local
government election,
an officer or clerk
appointed under the
An offence
24
Policing elections APP reference material
Penalty
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,
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)
A fine not exceeding
level 4 on the standard
scale (currently
£2,500)
RPA 1983
section
Summary of offence
100(1)
Illegal canvassing by police officers
No 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
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
False statements of fact as to candidates
Making 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
Corrupt withdrawal from candidature
Corruptly 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
106(1)
107
Person or persons
liable
parliamentary
elections rules, or the
rule under section 36,
or the partner or clerk
of any such person
Members of the police
force
Category of
offence
Any person
Illegal
practice
An unlimited fine
Any person
Illegal
payment
An unlimited fine
25
Policing elections APP reference material
Penalty
A fine not exceeding
level 3 on the standard
scale (£1,000)
RPA 1983
section
109
110
Summary of offence
Payments for exhibition of election notices
No 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
b. the payment is made in the ordinary course
of that business
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.
Person or persons
liable
Any person
Category of
offence
Illegal
practice
Penalty
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
26
Policing elections APP reference material
An unlimited fine
RPA 1983
section
111
112
113(2)
Summary of offence
Person or persons
liable
Prohibition of paid canvassers
The canvasser who is
If a person is, either before, during or after an
employed/engaged
election, engaged or employed for payment or
and the person
promise of payment as a canvasser for the
employing or engaging
purpose of promoting or procuring a candidate’s the canvasser
election:
the person so engaging or employing him,
and
the person so engaged or employed
shall be guilty of illegal employment
Providing money for illegal purposes
Any person
Knowingly providing money:
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
Bribery
Any person
Directly 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
27
Policing elections APP reference material
Category of
offence
Illegal
employment
Penalty
Illegal
payment
An unlimited fine
Corrupt
practice
On summary
conviction: an
unlimited fine and/or
up to six months’
imprisonment
An unlimited fine
RPA 1983
section
113(3)
113(5)
Summary of offence
Person or persons
liable
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
procurement they procure or engage, promise
or endeavour to procure the return of any
person at an election or the vote of any voter
Bribery
If 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
Bribery
If before or during an election they directly or
indirectly by themselves or by any other person
Category of
offence
Penalty
On indictment: a fine
and/or up to one
year’s imprisonment
Any person
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
Any voter
Corrupt
practice
On summary
conviction: an
unlimited fine and/or
28
Policing elections APP reference material
RPA 1983
section
113(6)
Summary of offence
Person or persons
liable
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
Bribery
Any person
If 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
any other person to vote or refrain from voting
113(7)
Bribery
A person’s ineligibility to vote does not
necessarily prevent an act being bribery
202(1)
Bribery
The 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
Any person
29
Policing elections APP reference material
Category of
offence
Penalty
up to six months’
imprisonment
On indictment: a fine
and/or up to one
year’s imprisonment
Corrupt
practice
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
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
RPA 1983
section
Case law
R v Vaughan
(1769) 4 Burr
2494
114(2)
114(3)
Summary of offence
Bribery
A common law offence of bribery as extends to
attempt to bribe at an election
Treating
If 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
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
Treating
Every elector who corruptly accepts or takes
any meat, drink, entertainment or provision
Person or persons
liable
Any person
Category of
offence
Corrupt
practice
Penalty
Any person
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
Any elector or their
proxy
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
30
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RPA 1983
section
115
Summary of offence
Undue influence
Where 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
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
Person or persons
liable
Any person
31
Policing elections APP reference material
Category of
offence
Corrupt
practice
Penalty
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
Representation of the People Act (RPA) 2000
RPA 2000
section
Schedule
4 para 8
Summary of offence
Absent voting – offences
a. making a false statement within any relevant
declaration or form, or
b. 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
Person or persons
liable
Any person
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Category of
offence
Penalty
An unlimited fine
Political Parties, Elections and Referendums Act (PPERA) 2000
PPERA
2000
section
143
Summary of offence
Person or persons
liable
Details to appear on election material
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 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,
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
The promoter of the
material, any other
person by whom the
material is so
published, and the
printer of the document
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Policing elections APP reference material
Category of
offence
Penalty
An unlimited fine
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
34
Memorandum 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
35
Memorandum of understanding
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.
36
Memorandum of understanding
Contents
1
Overview ............................................................................................................. 3
2
Roles and responsibilities ................................................................................... 4
3
Electoral registration officer role .......................................................................... 5
4
Returning officer role ........................................................................................... 5
5
Tasking and coordination procedures ................................................................. 6
6
Information sharing ............................................................................................. 6
7
Dissemination of intelligence ............................................................................... 7
8
Some specific examples ..................................................................................... 8
9
Commitment ........................................................................................................ 9
10 Start and duration.............................................................................................. 10
11 Dispute .............................................................................................................. 10
37
Policing elections APP reference material
1
Overview
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.
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.
This MoU seeks to enable the above two partners to cooperate with each other
in furtherance of joint data sharing, operations and investigations.
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.
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
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.
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.
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.
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.
Each signatory has a key role and responsibility in electoral administration.
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Policing elections APP reference material
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.
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
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 responsibilities
Police role
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.
The police should undertake effective early investigations to ensure that key
evidence required to make decisions is obtained as soon as possible.
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Policing elections APP reference material
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.
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 role
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.
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 role
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.
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.
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
40
Policing elections APP reference material
 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
procedures
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.
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 sharing
This MoU supports the timely and efficient exchange of information between
signatories but other forms of cooperation may also be governed by these
principles.
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.
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
41
Policing elections APP reference material
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
To achieve this, efficient and effective information sharing between relevant
partners is essential.
This can include sharing both personalised and depersonalised information as
well as non-personal information.
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.
This MoU aims to ensure the effective and efficient use of intelligence sharing
between the partners.
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.
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 intelligence
All parties will disseminate appropriate intelligence to each other via their
designated single points of contact for this purpose.
Each party will share all relevant intelligence and information under the terms of
their local data sharing agreement.
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.
42
Policing elections APP reference material
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 examples
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.
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.
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
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Policing elections APP reference material
 information to support tracing suspects suspected of committing electionrelated 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
Commitment
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.
APP on policing elections forms the basis for joint working prior to and during
any election.
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.
Certain complaints may be handled by local police officers and staff at the
discretion of the SPOC.
The person making the allegation should be kept regularly updated on the
progress of an investigation by the police SPOC.
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.
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Policing elections APP reference material
10
Start and duration
This MoU shall take effect upon signature by all parties until it is terminated or
is superseded by a revised document.
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.
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
Dispute
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.
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……..../………….…../..….
45
Policing elections APP reference material
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
Overview
Description
Provision of electoral information and specific
case history (based on past events) across the
district
Information from ESM/Potential action by SPOC
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
Close of
nominations
The formal commencement date of the election
timetable
Deadline date for those standing for election to
Candidate name and address data available soon
submit legal documentation, declaring themselves after deadline
as candidates
Comparison with police records may be made to
Candidates may have criminal convictions that
identify history of any candidates that may affect
prevent them from standing
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
46
Policing elections APP reference material
Key stages
Publication of
election agents
Description
Information from ESM/Potential action by SPOC
(providing this complies with the Data Protection Act
1998)
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
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.
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.
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)
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 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
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
Aim of crime to fraudulently register false (‘ghost’)
voters:
A prompt response will be required by the SPOC in
respect of meeting with the ESM to review bulk
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Key stages
Deadline dates for
postal or proxy vote
applications
Description
 to gain votes to win an election (particularly
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)
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
Information from ESM/Potential action by SPOC
registration applications received, where the ESM
indicates doubt as to the authenticity
Where false registrations are suspected, the SPOC
will need to commence enquiries and consider
evidence gathering needs
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
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Key stages
Dispatch of postal
votes
Description
 applying to vote by proxy without the
knowledge or consent of the voter
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
Information from ESM/Potential action by SPOC
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
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Key stages
Description
Information from ESM/Potential action by SPOC
The ESM may receive allegations from voters and/or
candidates and agents in respect of the activities
outlined above and these should be referred
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
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
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
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)
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Key stages
Description
station. They can only remove their marked copy
of the register after the close of poll.
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
Information from ESM/Potential action by SPOC
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
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.
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
Voters may wrongly fear that those outside the ESM will have provided polling staff with the
guidance and necessary paperwork on which to do
polling station have influence and will have
this) as this will assist in any subsequent
access to information that indicates how an
investigation
individual has voted
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Key stages
Description
 Allegations from all stakeholders must be
formally recorded and assessed so that a
proportionate response, if any, is made, taking
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.

Information from ESM/Potential action by SPOC
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
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.
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
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Key stages
Description
verbally confirms his or her identity. There is
no exemption to this rule, even where the
person is suspected of personation
Information from ESM/Potential action by SPOC
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Policing elections APP reference material
Chief executive/chief constable template letter
Chief executive/chief constable template letter for candidates, agents and
campaigners to agree to abide by the national code of conduct
Address
Our Ref:
Telephone:
/Your Ref:
Fax:
/Please Contact:
/
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.
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Policing elections APP reference material
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 …………………………………
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Policing elections APP reference material
Template warning letter for RPA imprint offences
Note: it is recommended that this is delivered in person.
**** Police
**** Road
Anytown
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 document
b. the name and address of the promoter of the material
c. 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.
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Policing elections APP reference material
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.
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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.
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Example imprint and general imprint rules
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
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
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Key contacts
London CPS office contacts (note: ensure liaison with force election SPOC
first)
Zoe Martin
Tel: 0203 357 0279
[email protected]
Donna Rayner
Tel: 0203 357 0023
[email protected]
Special Crime and Counter Terrorism Division
Crown Prosecution Service
Rose Court
2 Southwark Bridge Road
London SE1 9HS
DX: 154263 Southwark 12
York CPS office contacts (note: ensure liaison with force election SPOC first)
Tara Wallis
Tel: 01904 545517
[email protected]
Simon Orme
Tel: 01904 545534
[email protected]
Special Crime and Counter Terrorism Division
Crown Prosecution Service
Foss House
King’s Pool
1-2 Peaseholme Green
York YO1 7PR
DX: 65204 YORK 6
Electoral Commission
Further advice:
Richard Jordan
Senior Adviser (Electoral Integrity)
Tel: 020 7271 0562
Mob: 07827 839000
[email protected]
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Daniel Adamson
Monitoring and Analysis Manager
The Electoral Commission
3 Bunhill Row
London EC1Y 8YZ
Tel: 020 7271 0631
Mob: 07917 838165
[email protected]
Tom Hawthorn
Head of Electoral Policy
Tel: 020 7271 0712
Mob: 07917 838169
[email protected]
Media:
Megan Phillips
Senior Communications Officer
Tel: 0207 271 0714
[email protected]
Electoral Commission regional contacts
Eastern and South East Team:
Philippa Saray
Tel: 020 7271 0538
[email protected]
London Team:
Adrian Green
Tel: 020 7271 0538
[email protected]
Midlands Team:
Chris Hinde
Tel: 020 7271 0560
[email protected]
North of England Team:
Barbara Lines
Tel: 020 7217 0574
[email protected]
South West Team:
Adrian Green
Tel: 020 7271 0538
[email protected]
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National Policing Lead
ACC Gareth Cann via:
Inspector John Askew
West Midlands Police
Mob: 07825 938808
[email protected]
Wales
Police:
Detective Inspector Paul Giess
South Wales Police
Tel: 01792 562762
[email protected]
Electoral Commission in Wales
Catherine Dixon
Senior Electoral Practice and Performance Officer
Tel: 02920 346802
[email protected]
An all-hours telephone service for Wales during the election period is available on
07798 915667.
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Previous allegations
Examples of previous allegations considered under section 106 RPA 1983. The specific context will need to be considered in all
cases.
Case name
Citation
R (on the application of
[2010] EWHC
Woolas) v Parliamentary 3169 (Admin)
Election Court
DPP v Edwards
[2002] EWHC 636
(Admin)
Pirbhai v DPP
CO/2963/94
Examples of statements made in
cases concerning false
statement of fact as to candidate
‘He's reneged on his promise to
live in the constituency.’
Offence under section 106 RPA 1983 (or
section 91(1) RPA 1949?
A statement that the candidate
attempted to seek the electoral
support of Muslims who advocate
violence, in particular towards a
rival candidate.
A statement that the candidate had
not rejected the endorsement of
him by an extremist group or
condemned their actions.
‘Labour Councillor Harry Kilkenny
while sitting as chairman of
housing hands his son-in-law's
company a £125,000 building
contract.’
‘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. This was held to be a statement about his
personal conduct that he condoned criminal
conduct.
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No. This was held to be a statement as to the
candidate’s political conduct.
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.
Yes. This was held to relate to Mr Kilkenny’s
personal conduct and character.
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
Fairbairn v Scottish
National Party
[1979] SC 393
Examples of statements made in
cases concerning false
statement of fact as to candidate
‘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.’
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Offence under section 106 RPA 1983 (or
section 91(1) RPA 1949?
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 checklist
This 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
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


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, nonelectoral 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
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

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 delivery
o delivery dates by area
o liaison with Royal Mail Group Ltd contact for the election/referendum
o 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 times
o police presence
o identifier processes
o special opening of suspicious postal ballots, if needed
o 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.
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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.
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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-forcampaigners-2015.pdf
2 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
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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.
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-anddonts-rc-ca.pdf
4
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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.
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
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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