Ballot Secrecy Act 2023

2 Amendment of Northern Ireland legislation

(1) In the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.))—

(a) in section 111, in subsection (2A), after paragraph (c) insert—

“(ca) in the case of an offence under paragraph 26A of Schedule 9, on summary conviction to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both;”;

(b) in Part 3 of Schedule 9, after paragraph 26 insert—

“26A (1) A person who—

(a) is with another person at a polling booth, and

(b) intends to influence that other person to vote in a particular way or to refrain from voting,

commits an offence.

(2) A person who—

(a) is near a polling booth when another person is at that booth, and

(b) intends to influence that other person to vote in a particular way or to refrain from voting,

commits an offence.

(3) For the purposes of this paragraph—

(a) a “polling booth” is a compartment in a polling station in which voters can mark votes screened from observation;

(b) assisting a person with voting, in accordance with rule 36 of Schedule 5 or any other legislation, is not influencing that person to vote in a particular way or to refrain from voting;

(c) a person may be near one polling booth while at a different polling booth.”

(2) In Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599), in the table, before the entry for section 63 of the Representation of the People Act 1983 insert—

“Section 62C (influencing voters at polling booths)”.