Guidance for Returning Officers administering Local Government Elections in England

Polling agents are entitled by law to access polling stations for the purpose of detecting personation.1 They can also observe the procedures to be followed inside a polling station. 

You must be notified in writing of any polling agents that have been appointed by not later than five working days before the poll for their appointment to be in force for the poll.2 The Commission has developed the following form for the notification of appointment of polling agents. 

A polling agent can be appointed to a particular polling station or stations, or to all polling stations within the relevant electoral area. The same polling agents may be appointed to attend more than one polling station. 

Limiting the number of agents in attendance

The total number that may attend at any particular polling station is four or such greater number that you decide to allow.3 The limit applies to each individual polling station, even where there are multiple polling stations in the same building or room. 

If you decide to allow more than four polling agents to attend a polling station, you must give notice of that higher number.4 This notice should be published on your website and a copy provided to the candidates and their election agents. You can decide to fix different maximum numbers for different polling stations and, if you decide to do so, you should make this clear on the notice you publish.  

If all the candidates together appoint more than the maximum number of polling agents who can attend any polling station you must decide which polling agents may attend by drawing lots for each polling station.5 Those who are not selected by the lot are not appointed as polling agents for that particular polling station.6   

Only one polling agent for each candidate may be admitted to a polling station at any particular time.7

Secrecy and conduct requirements

Anyone attending a polling station has a duty to maintain the secrecy of the ballot. All Polling Agents should be supplied with the following requirements of secrecy for the poll.

In particular, the following information must not be disclosed:

• the name or electoral number of who has or has not voted 
• the number or other unique identifying mark on the ballot paper 

Anyone attending a polling station must also not try to ascertain how a voter has voted or who they are about to vote for. 

A polling agent can mark off on their copy of the register of electors those voters who have applied for ballot papers. If the polling agent leaves the polling station during the hours of polling, they will need to leave the marked copy of the register in the polling station to ensure that secrecy requirements are not breached. Any person found guilty of breaching the secrecy requirements can face an unlimited fine, or may be imprisoned for up to six months.

Polling agents’ seals cannot be attached to ballot boxes at the start of or during the poll. 

While a polling agent can observe the poll, they do not have to be present in a polling station for polling and related procedures to take place.