Guidance for Returning Officers administering Local Government Elections in England

Postal voting agents are permitted by law to observe the opening of the postal voters’ ballot box, the opening of returned postal votes and the checking of signatures and dates of birth provided on returned postal voting statements.1   

You must give candidates at least 48 hours’ notice of the time and place of any postal vote opening session and the number of agents a candidate may appoint to attend each opening.2  

You must be given written notice of the name and address of any postal voting agents before the start of any particular session that the agents are seeking to attend.3 The Commission has developed the following form for the notification of appointment of postal voting agents.

Secrecy and conduct requirements

Ballot papers will be kept face down throughout a postal vote opening session. 

You should supply all postal voting agents with the following requirements of secrecy for the opening of postal votes. 

The key points are that: 

• anyone attending an opening session must not attempt to see how individual ballot papers have been marked. It follows therefore that keeping a tally of how ballot papers have been marked is not allowed. 
• anyone attending a postal vote opening must not attempt to look at identifying marks or numbers on ballot papers, disclose how any particular ballot paper has been marked or pass on any such information gained from the session.

anyone found guilty of breaching these requirements can face an unlimited fine, or may be imprisoned for up to six months.