The Crofting Commission (Elections) (Scotland) Regulations 2011

Requirement of secrecy

61.—(1) The returning officer and his or her staff attending at the counting of the votes and every candidate and his or her spouse or civil partner, counting agent and persons permitted to attend under regulation 40(2), so attending, must maintain and aid in maintaining the secrecy of voting and must not, except for some purpose authorised by law, communicate to any person before the count is completed any information as to—

(a) the name of any elector who has or has not applied for a ballot paper or voted; or

(b) the number on the crofting electoral register of any elector who has or has not applied for a ballot paper or voted.

(2) Every person attending at the counting of the votes must maintain and aid in maintaining the secrecy of voting and must not—

(a) ascertain or attempt to ascertain at the counting of the votes the number on the back on any ballot paper; or

(b) communicate any information obtained at the counting of the votes as to how any particular ballot paper has been marked.

(3) Every person involved in the issue or the receipt of ballot papers must maintain and aid in maintaining the secrecy of the voting and must not—

(a) except for some purpose authorised by law, communicate to any person at any time any information obtained by that involvement as to the unique identifying number on the ballot paper sent to any person;

(b) except for some purpose authorised by law, attempt to ascertain in connection with the receipt of ballot papers, the unique identifying number on any ballot paper; or

(c) attempt to ascertain in connection with the receipt of the ballot papers how any particular ballot paper has been marked or communicate any information with respect to that matter.

(4) A person having undertaken to assist an elector because of that elector’s disability to vote must not communicate at any time to any person any information as to how that elector intends to vote or has voted, or as to the number on the back of the ballot paper given for the use of that elector.

(5) A person commits an offence if he or she does not comply with any of the requirements in paragraphs (1) to (4).