Election Duties Standard Operating Procedure Notice: This document has been made available through the Police Service of Scotland Freedom of Information Publication Scheme. It should not be utilised as guidance or instruction by any police officer or employee as it may have been redacted due to legal exemptions. Owning Department Version Number Local Policing 3.00 (Publication Scheme) Date Published 03/12/2015 (Publication Scheme)
Compliance Record Equality Impact Assessment: Date Completed / Reviewed: 23/11/15 Information Management Compliant: Yes Health and Safety Compliant: Yes Publication Scheme Compliant: Yes Version Control Table Version History of Amendments Date 1.00 Initial Approved Version 15/03/13 2.00 Second Approved Version 24/04/14 3.00 Minor rewording and grammatical amendments 01/12/15 (Publication Scheme) 2
Contents 1. Purpose 2. Types of election and legislation 3. Administration of an election 4. Persons present in polling station 5. Persons entitled to vote at polling station 6. Anonymous electoral registration 7. Voters with disabilities 8. Keeping order at polling stations 9. Secrecy at poll 10. Interference with voters 11. Voting rights 12. Canvassing etc. outside polling places 13. Bill posting etc. 14. The Count 15. Election offences 16. Summary of police duties and powers 17. Police voting Appendices Appendix A Appendix B List of Associated Legislation List of Associated Reference Documents (Publication Scheme) 3
1. Purpose 1.1 This Standard Operating Procedure (SOP) is intended to provide police officers and police staff with an understanding of their responsibilities when carrying out election duties. 1.2 The main duty of the police at elections is to preserve the peace and to enable electors to record their votes without interference. Police officers on duty at polling stations must exercise complete impartiality and must discharge their duties so as to avoid any suggestion that they favour one candidate or party as against others. 1.3 Before undertaking such duties, officers should acquaint themselves with this SOP and the contents of the principal legislation governing the conduct of elections, namely the Representation of the People Act 1983, the relevant parts of which are reproduced in the Police Information Net for Scotland (PINS). For further guidance see Political Parties, Elections and Referendums Act, 2000. 2. Types of Election and Legislation 2.1 There are four types of Scotland-wide elections: UK Parliamentary elections; Scottish Parliamentary elections; Local Government elections, unitary authority; European Parliamentary elections. 2.2 Each election has its own dedicated legislation, although this often mirrors the provision in the Representation of the People Act 1983. This consists primarily of an Act and a set of election rules. There are often additional pieces of legislation which may need to be considered. Advice on the legislation for any election can be obtained from the Electoral Commission. 2.3 UK Parliamentary elections are conducted in accordance with the Parliamentary Elections Rules (set out in Schedule 1 to the Representation of the People Act, 1983) and the Representation of the People (Scotland) Regulations 2001 (as amended). 2.4 Elections to the Scottish Parliament are governed by the Scotland Act 1998 and the Scottish Parliament (Elections etc.) Order 2010. 2.5 Local Government elections in Scotland are conducted according to the Scottish Local Government Election Order 2011, made under the Local Governance (Scotland) Act 2004. 2.6 For legislation pertaining to the election of representatives to the European Parliament see the European Parliamentary Elections Act 2002 and the (Publication Scheme) 4
European Parliamentary Elections Regulations 2004 2.7 Officers may find themselves involved in other types of election, such as those to the Crofting Commission or National Parks. The Returning Officer for the area can be contacted for advice on the relevant legislation. 3. Administration of an Election 3.1 Returning Officer 3.1.1 Every local authority in Scotland is required to appoint a Returning Officer for local elections. The holder of this post is also responsible for carrying out the duties of Returning Officer at UK, Scottish and European Parliamentary elections. If a UK or Scottish Parliamentary constituency takes in more than one local authority area, the Secretary of State for Scotland designates a Returning Officer. 3.1.2 It is the duty of the Returning Officer to take charge of the administration of the election and to appoint staff to run the polling stations (called presiding officers and poll clerks ), in their particular area. 3.1.3 The Returning Officer will declare the name(s) of the elected candidate(s) and inform the relevant Council or Parliament of those names. Written instructions will be issued to all candidates and presiding officers by the Returning Officer. 3.1.4 Elections to the European Parliament for the Scotland electoral region and the election of regional members of the Scottish Parliament are comprised of more than one constituency/local authority. One Returning Officer is selected by the Secretary of State to be a Regional Returning Officer. The Regional Returning Officer will declare the result of the election for their specific region. 3.2 Electoral Registration Officer 3.2.1 Every local authority is also required to appoint an Electoral Registration Officer (ERO). An ERO may be appointed by a group of councils. 3.2.2 It is the duty of the ERO to process applications to register to vote, to vote by post or by proxy. They are also required to publish the electoral register at specified times. 3.3 Presiding Officer 3.3.1 A Presiding Officer is appointed for each polling station. They are vested with considerable powers in relation to the conduct of the poll and are assisted by poll clerks. Their authority within the station is supreme. 3.3.2 If there is more than one polling station within a polling place, the presiding officer of the No 1 polling station has overall responsibility for administration within the polling place. (Publication Scheme) 5
3.4 Election Agent 3.4.1 Each candidate, or political party contesting a region, is required to nominate an Election Agent. The agent acts as business manager for the candidate/party and organises the election campaign on their behalf. A candidate can be their own election agent. 3.5 Polling Agent 3.5.1 Each candidate/party or their Election Agent may appoint polling agents to be present at the polling station to detect cases of personation and to protect the candidate s interest. 3.6 Counting Agent 3.6.1 The candidate/party or their election agent may appoint counting agents to be present at the counting of the votes. They act as observers in the candidates / parties interest, the actual counting being done by the Returning Officer s staff. 3.7 Polling Place 3.7.1 The premises where the polling takes place, e.g. a school, including the playground and boundary walls/railings. 3.8 Polling Stations 3.8.1 The various rooms in which the votes are cast within the polling place. 4. Persons Present in Polling Stations 4.1 The Presiding Officer is required to regulate the number of voters to be admitted to the polling station at any given time. They should exclude all other persons except (Representation of the People Act 1983, Schedule 1): Voters Candidates and their Election Agents Polling agents appointed to attend at the polling station limited to one agent per candidate at any one time Persons under the age of 18 who accompany voters to the polling station Clerks appointed to attend at the polling station Constables on duty Companions of voters with disabilities The (Regional) Returning Officer and their staff (Publication Scheme) 6
Accredited observers and representatives of the Electoral Commission 4.2 No concession is made in favour of candidates spouses / civil partners attending at polling stations. They may attend to cast their own vote or if they have been appointed as an election or polling agent. 4.3 If a candidate s spouse / civil partner wishes to accompany the candidate, no action should be taken unless the presiding officer or a polling agent objects. If this occurs it should be tactfully explained that the presence of the candidate s spouse / civil partner is a concession not sanctioned by the law and, in view of the objection raised, only the candidate or their agent should be allowed into the polling station. 4.4 It should be noted that candidates may invite a guest to attend at the counting of the votes and this is often their spouse / civil partner, or other family member. 5. Persons Entitled to Vote at Polling Station 5.1 All persons voting must do so personally at the polling station allocated to them, with the exception of: Those who have successfully applied to vote by post Those who have successfully applied to vote by proxy Constables or other persons employed by the Returning Officer 5.2 Applications to vote by post or by proxy must be received by the Electoral Registration Officer for the area by the deadlines set in legislation. These deadlines will be publicised to voters on poll cards and through other media. 6. Anonymous Electoral Registration 6.1 All persons can apply for anonymous registration when they believe their safety would be at risk if their name or address were listed on the Electoral Register. If any person qualifies under this test, even if they do not qualify for registration, any person of the same household can register in this manner. For example: A victim fleeing Domestic Abuse, Forced Marriage, or Honour Based Violence, and/or with children or other members of the household; A witness relocated via the Witness Protection Programme; Where an individual s particular duties as part of their occupation requires that they keep their identity private. 6.2 Any person wishing to apply for Anonymous Electoral Registration must be in possession of a relevant court order, or apply to a Qualifying Officer to sign an attestation. (Publication Scheme) 7
6.3 Any person wishing to submit an application for anonymous registration can access and download the relevant application documentation from UK Government Electoral Commission website. 7. Voters with Disabilities 7.1 Voters with disabilities (such as visual/physical impairment or with learning difficulties) may be accompanied by a companion who may assist them to vote. A person having undertaken to assist a voter with disabilities shall not communicate at any time to any person any information as to how the voter with disabilities intends to vote or has voted or as to that number on the back of the ballot paper given for the voter s use. 1 8. Keeping Order at Polling Stations 8.1 It is the duty of the Presiding Officer to keep order at their polling station. 8.2 If a person behaves improperly in a polling station or fails to obey the lawful orders of the Presiding Officer, they may immediately, by order of the Presiding Officer, be removed from the polling station by a Police Officer or by a person authorised in writing by the Returning Officer, and the person so removed shall not, without the permission of the Presiding Officer, again enter the polling station during that day. 8.3 Any person removed, if charged with the commission in the polling station of an offence, shall be dealt with as a person taken into custody by a Constable for an offence without warrant. 8.4 Where proceedings at a polling station are interrupted or obstructed by riot or open violence, the Presiding Officer will adjourn the proceedings until the following day. 9. Secrecy at Poll 9.1 Every person entitled to be present at a polling station must 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: 2 1 Section 66(5), RPA 1983 for UK Parliament elections; Article 31(6), Scottish Parliament Order 2010 for Scottish Parliament elections; Regulation 29(6), European Regulations 2004 for European Parliament elections, and Rule 27(6), Local Government Order 2011 for local elections. 2 Section 66(1), RPA 1983 for UK Parliament elections; Article 31(1) and (2), Scottish Parliament Order 2010 for Scottish Parliament elections; Regulation 29(1), European Regulations 2004 for (Publication Scheme) 8
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; The number on the register of electors of any elector; or whose proxy, has or has not applied for a ballot paper or voted at a polling station, or The official mark 9.2 There is a similar obligation for persons present at the counting of the votes to maintain secrecy. 3 10. Interference with Voters 10.1 No person may: 4 Interfere with or attempt to interfere with a voter when recording their vote; Obtain or attempt to obtain in a polling station information as to whom the voter has voted for or is about to vote for; Communicate at any time to any person any information obtained in a polling station as to whom the voter has voted or is about to vote for, or disclose the number on the back of the ballot paper given to a voter at that station; 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 way in which they have voted. 11. Voting Rights 11.1 A person who is entitled to vote at a particular polling station is not to be prevented from voting in that station by reason of having committed an offence therein. 11.2 Only the Presiding Officer shall be permitted to make enquiry as to the right of any person to vote. 12. Canvassing etc. Outside Polling Places European Parliament elections, and Rule 27(1) and (2), Local Government Order 2011 for local elections. 3 Section 66(2), RPA 1983 for UK Parliament elections; Article 31(3), Scottish Parliament Order 2010 for Scottish Parliament elections; Regulation 29(2) and (3), European Regulations 2004 for European Parliament elections, and Rule 27(3), Local Government Order 2011 for local elections. 4 Section 66(3), RPA 1983 for UK Parliament elections; Article 31(4), Scottish Parliament Order 2010 for Scottish Parliament elections; Regulation 29(4), European Regulations 2004 for European Parliament elections, and Rule 27(4), Local Government Order 2011 for local elections. (Publication Scheme) 9
12.1 The above provisions are designed to protect a voter within the polling station. Voters must not be intimidated or otherwise unduly influenced in any way after they have entered the precincts of the polling place, that is the grounds of the building in which voting is taking place. It is not an offence, however, for a person to ask a voter how they intend to vote or, after they have left the place ask them how they have voted so long as this is not done in a way that is threatening to the voter. 12.2 Where such tactics are employed, the voter may be asked to give up their poll card or show it to have details noted; again no offence is committed. 12.3 The duty of the Police in all circumstances is to ensure that no obstruction is caused to voters entering or leaving the polling station, voters are not interfered with or questioned inside the polling station and there is no disorder. 13. Bill Posting etc. 13.1 During election campaigns, complaints become prevalent in regard to unauthorised bill posting etc. from local residents and opposing political parties. Under the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, express consent of the Planning Authority is not required for the posting of bills in connection with parliamentary and local government elections but, except in the case of statutory notices, the consent of the owner of the property involved, or other person entitled to grant permission, is required. Such bills must in any case be removed within 14 days after the poll. It is for the person posting bills on any form of property to satisfy a constable that they have proper authority to do so. Local legislation concerning the posting of bills generally or the marking or defacing of any wall, fence, boarding or building may also be invoked where appropriate. The fixing of bills to any part of the polling place, including walls, railings etc. and to any lamp standards, traffic signs or other street furniture will be at the discretion of the relevant Local Authority. Constables on duty at elections should seek advice from the Presiding Officers as to whether this practice is permitted. The provisions of the Roads (Scotland) Act 1984 may also be invoked where a person without lawful authority or reasonable excuse, affixes upon a tree, traffic sign, milestone, structure or works in or on a road, a picture, letter, sign or other mark. 14. The Count (Publication Scheme) 10
14.1 The Returning Officer shall make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the close of the poll. In some instances this may be on the day after polling day and, in the case of European Parliament elections, the votes will be counted on the Sunday evening following polling day. 14.2 The Returning Officer and their staff, candidates and their guest, election agents, counting agents and accredited observers or representatives of the Electoral Commission may be present at the counting of the votes. The Returning Officer can admit visitors (including the media) to attend the count only if they are satisfied that the efficient counting of the votes will not be impeded and they must consult the Election Agents about this unless they consider it impracticable to do so. 14.3 In a contested election, when the result of the poll has been ascertained, the Returning Officer shall declare which candidate(s) have been elected, and give public notice of their name(s) and of the total number of votes given for each candidate or political party, together with the number of rejected ballot papers. For European Parliament elections and the election of regional members to the Scottish Parliament, the Returning Officer will announce the votes cast locally and transmit them to the Regional Returning Officer who will ascertain which candidates have been elected, give public notice of their names and the total number of votes given to each candidate or political party in the region. 15. Election Offences 15.1 There are two categories of offences with regard to elections which may also result in court action to invalidate the result (these are civil proceedings known as election petitions): Corrupt practices Illegal practices 15.2 Corrupt Practices Bribery - directly or indirectly giving, lending or promising money or other valuable consideration to induce a person to vote or refrain from voting, or provide such money for this purpose. The person receiving is also guilty of an offence. Personation - voting in person or by post as some person, or aiding, abetting or procuring same. Treating - before, during or after an election, corruptly providing food, drink or entertainment to any person in order to corruptly influence them as regards voting, or abstaining from voting. The receiver is also guilty of an offence. (Publication Scheme) 11
Undue influence - using or threatening to use force, violence etc in order to induce any person to vote or refrain from voting, or using abduction, compulsion or other fraudulent device which impedes the free use of the vote. 15.3 Illegal Practices Election literature - any literature distributed for the purpose of promoting the election of a candidate must show the names and addresses of the printer and publisher, and on whose behalf it is being printed. Exhibition of election posters - paying for the use of premises or land to exhibit any notice in connection with the election campaign, unless payment is made in the ordinary course of business. Note: The exhibition of posters may also be an offence under local legislation. Illegal payments Employment: making payment to canvassers. The canvasser is also guilty of an offence for receiving payment. Disturbance at election meetings - any person who at a lawful public meeting in connection with an election, acts or incites others to act in a disorderly manner for the purpose of preventing the transaction of the business of the meeting is guilty of an illegal practice. Meetings to which this applies are: (a) (b) (c) UK Parliamentary Election - any meeting held between the issue of the writ, i.e. the notice from parliament to the Returning Officer notifying them that the election is to take place, and the day before the poll. Scottish and European Parliamentary Elections any meeting held between the last date for the publication of the notice of election and the day before the poll Local Government Election - any meeting held on between the last date for the publication of the notice of election and the day before the poll. 15.3.1 A Police Officer on suspecting an offence may, at the request of the chairman, request the person to state their name and address. 15.3.2 If the person refused or gives, or is suspected of giving, a false name and address, a Police Officer may arrest without warrant. 15.3.3 In terms of the Representation of the People Act 1983, a person commits an offence who: Fraudulently defaces or destroys any nomination paper Fraudulently defaces any ballot paper or official mark on it Supplies without lawful authority any ballot paper Fraudulently puts into any ballot box any paper other than ballot paper (Publication Scheme) 12
Takes from the polling station any ballot papers Destroys takes or interferes with any ballot paper 15.3.4 A person shall also be guilty of an offence who: Forges or counterfeits any ballot paper or the official mark on any ballot paper Fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts For the purpose of promoting or procuring the election of any candidate at an election issues any poll card or document so closely resembling an official poll card as to be calculated to deceive 15.4 Registering To Vote or Applying for an Absent Vote 15.4.1 It is an offence knowingly to supply false information to an ERO for any purpose connected to electoral registration, or to knowingly supply false information in an application for a postal or proxy vote. 15.5 Candidates and Nominations 15.5.1 It is an offence to fraudulently deface or destroy a nomination paper. It is an offence to provide false information in any papers associated with nominating a candidate or political party. Anyone who induces or procures a person to corruptly withdraw their nomination is guilty of an illegal payment, as is the person who accepts it. 15.5.2 It is an offence to make a false statement about the personal character or conduct of a candidate without having reasonable grounds to believe it is true. 16. Summary of Police Duties and Powers 16.1 Duties of the police at elections are to enforce the law with tact. 16.2 At polling places the duties may be summarised as including: Generally carrying out the lawful instruction of the Presiding Officer regarding the preservation of order within the polling station and its environs. The prevention of obstruction at entrances, exits and approaches to the polling place and stations. The preservation of secrecy and protection of voters from intimidation or interference. Keeping unauthorised persons, particularly agitators and demonstrators out of polling places/stations. (Publication Scheme) 13
16.3 Officers may be asked by the Presiding Officers to assist with the following duties: Discreet examination, where necessary, of candidates credentials. Witnessing the sealing of ballot boxes at the close of the poll. The security of ballot boxes, ballot papers, registers of electors, including prevention of damage/destruction to them. When detailed, accompanying the ballot boxes to counting stations. 16.4 The advice of the Presiding Officer should be obtained on all matters within the Polling Place. 16.5 Consideration should be given to the completion of a Community Impact Assessment. 17. Police Voting 17.1 If a Police Officer is unable to exercise their right to vote by virtue of having to perform duty they may vote either by post or at any polling station in the constituency/ward in which they are registered as an elector on production of the appropriate certificate obtainable from the Returning Officer. 17.2 The certificate must be signed by a Police Officer of the rank of Inspector or above. This will only be used in the most extreme circumstances. 17.3 Supervisory officers will, where possible, provide facilities to allow officers to vote at their normal polling place. (Publication Scheme) 14
Appendix A List of Associated Legislation The Representation of the People Act 1983 The Representation of the People Regulations 2001 (as amended) The Scotland Act 1998 The Scottish Parliament (Elections etc.) Order 2010 Local Governance (Scotland) Act 2004 The Scottish Local Government Election Order 2011 (as amended) European Parliamentary Elections Act 2002 European Parliamentary Elections Regulations 2004 (as amended) Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 Roads (Scotland) Act 1984 (Publication Scheme) 15
Appendix B List of Associated Reference Documents Guidance on Preventing and Detecting Electoral Malpractice in Scotland (Publication Scheme) 16