Representation of the People Bill – Committee Stage (Lords) – Ballot secrecy

• The right to vote in secret is set out in UK electoral law. The Electoral Commission is clear in its guidance for electoral administrators and its communications to voters, that anyone attempting to inappropriately influence how another person votes, or to steal someone else’s vote, is committing an offence.  
• Our guidance for Returning Officers and polling station staff makes clear that no one is allowed to accompany a voter to a polling booth, unless a voter who is disabled or unable to read has requested assistance to vote.  
• We updated our guidance to reflect the Ballot Secrecy Act 2023, which defined the offence of influence as someone being with or near to someone in a polling booth with the intention to influence or prevent someone from voting.  
• Our polling station handbook, which is supplied to Returning Officers and should be available in every polling station, makes clear that the role of polling station staff is to ensure that voters are able to cast their vote independently, in secret, free from influence and in a calm atmosphere. It sets out that the Presiding Officer’s main duties include ensuring the secrecy and security of the ballot.
• The polling station handbook provides guidance about the layout of polling stations to maintain the secrecy of the ballot:
  • Make sure that the layout supports the flow of electors through the polling station and prevents bottlenecks or areas where voters can congregate, particularly around polling booths, to help maintain the secrecy of the ballot
• It sets out how polling station staff should protect voters and ensure ballot secrecy:  
  • Make sure voters go to polling booths individually so that their right to a secret vote is protected. No other person is allowed to accompany a voter to a polling booth unless a voter who is disabled or unable to read has requested assistance to vote or a voter is accompanied by a child. If you observe anyone else attempting to accompany a voter in the voting booth, you must approach them and tell them not to.
• The handbook also sets out that if polling station staff observe someone attempting to accompany a voter into the voting booth, the Presiding Officer must order them to stop. If the person does not comply with this order, the Presiding Officer has the power to order their removal from the polling station, either by the police or other person authorised by the Returning Officer. If the person fails to comply with the police in this situation, this may amount to the criminal offence of obstructing a constable.

Sharing images of completed ballot papers to prove how a vote was cast

• Our guidance for Returning Officers also makes clear that polling station staff should not allow photos to be taken inside polling stations. The law relating to obtaining information in polling stations and disclosing such information is complex and there is a risk that someone taking a photo inside a polling station may be in breach of the law, whether intentionally or not.  
• We have recently updated this guidance to expand this advice to apply to filming in polling stations, including the use of wearable devices, such as smart glasses.  
• Returning Officers may decide to display a notice inside polling stations to make clear that filming or photography of any kind (including photos taken on mobile phones) is not permitted.  
• Returning Officers should ensure that all polling station staff are aware of this guidance. They should also make sure staff understand that some voters with sight loss may need to use apps on their mobile phone or other devices to help them to read documents, and they should allow them to do so. 

• Although the UK has very low levels of proven electoral fraud, the Commission takes it seriously and we know from our public opinion research that it is an issue that concerns some voters. It undermines democracy and weakens the UK’s strong tradition of free and fair elections.  
• We do not have a direct role in investigating allegations of electoral fraud; this is carried out by the police. Every police force in the UK has an identified single point of contact officer who leads on election-related allegations.    
• However, we do have an important role to play in tackling electoral fraud and ensuring safeguards are in place across the electoral community. The Commission works closely with the electoral community and partners, including the police, prosecuting authorities and local authorities, to prevent, detect and take action against electoral fraud.    
• Ahead of every election, we run our anti-fraud campaign ‘Your Vote is Yours Alone’ to raise awareness of and help prevent electoral fraud. The campaign aims to empower people to protect their vote and encourages people to report any concerns to Crimestoppers, with whom we partner each year.    
• Throughout the year, we also collect data from all police forces across the UK on allegations of electoral fraud that they receive and investigate. We make electoral fraud data available on our website so that the public has transparency over these figures. We will publish data for 2026 in spring 2027.
• Earlier this year, before the May 2026 elections, there were allegations that some voters may not have been able to vote in secret at the Gorton and Denton parliamentary by-election. An investigation by Greater Manchester Police found no evidence of any intent to influence or stop any person from voting at the by-election.