| Annex
2: Requirement for Secrecy |
| THE
SCOTTISH PARLIAMENT (ELECTIONS ETC) ORDER 1999 |
| Article
29, sub-sections (1), (2), (3), (4) and (6) |
| (1) The
following persons attending at a polling station, namely |
| (a) a
returning officer; |
| (b) a
presiding officer or clerk; |
| (c) a
candidate (including a candidate on a party's regional
list); |
| (d) a
nominating officer of a registered party which has
submitted a regional list; |
| (e) an
election agent; or |
| (f) a
polling agent |
| shall
maintain and aid in maintaining the secrecy of voting and
shall not, except for some purpose authorised by law,
communicate to any person before the poll is closed any
information as to - |
| (i) the name
of any elector or proxy for an elector who has or has not
applied for a ballot paper or voted at a polling station; |
| (ii) the
number on the register of electors of any elector who, or
whose proxy, has or has not applied for a ballot paper or
voted at a polling station; or |
| (iii) the
official mark. |
| (2) Every
person attending at the counting of 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 on the back of any ballot paper; |
| (b)
communicate any information obtained at the counting of
the votes as to the candidate for whom or, as the case
may be, the registered political party for which, any
vote is given on any particular ballot paper. |
| (3) No
person shall - |
| (a)
interfere with or attempt to interfere with a voter when
recording his vote; |
| (b)
otherwise obtain or attempt to obtain in a polling
station information as to the candidate for whom or, as
the case may be, the registered political party for
which, a voter in that station is about to or has voted; |
| (c)
communicate at any time to any person any information
obtained in a polling station as to the candidate for
whom or, as the case may be, the registered political
party for which, a voter in that station is about to vote
or has voted, or as to the number on the back of the
ballot paper given to a voter at that station; |
| (d) directly
or indirectly induce a voter to display his ballot paper
after he has marked it so as to make known to any person
the name of the candidate for whom or, as the case may
be, the registered political party for which, he has or
has not voted. |
| (4) Every
person attending the proceedings in connection with the
issue or the receipt of ballot papers for persons voting
by post shall maintain and aid in maintaining the secrecy
of the voting and shall not - |
| (a) except
for some purpose 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) except
for some purpose authorised by law, communicate to any
person at any time any information obtained at those
proceedings as to the number on the back of the ballot
paper sent to any person; or |
| (c) except
for some purpose authorised by law, attempt to ascertain
at the proceedings in connection with the receipt of
ballot papers the number on the back of any ballot paper;
or |
| (d) attempt
to ascertain at the proceedings in connection with the
receipt of the ballot papers the candidate for whom or,
as the case may be, the registered political party for
which, any vote is given in any particular ballot paper
or communicate any information with respect thereto
obtained at those proceedings. |
| (6) If that
person acts in contravention of this section, he shall be
liable on summary conviction to a fine not exceeding the
amount specified as level 5 on the standard scale or to
imprisonment for a term not exceeding three months. |
