Elections Act 2022

There has been an expansion on the offence of undue influence that came into force on 1 November 2023.

1. a person will be guilty of a corrupt practice if guilty of undue influence.
2. a person will be guilty of undue influence if that person carries out an activity listed below in paragraph 4 for the purpose of
   1. inducing or compelling a person to vote in a particular way or to refrain from voting, or
   2. otherwise impeding or preventing the free exercise of the franchise of an elector or of a proxy for an elector.
3. a person is also guilty of undue influence if that person carries out an activity falling within any of the activities listed from (a) to (f) on account of
   1. a person having voted in a particular way or refrained from voting, or
   2. assuming a person to have voted in a particular way or to have refrained from voting
4. the activities are as follows
   a) using or threatening to use violence against a person
   b) damaging or destroying, or threatening to damage or destroy, a person’s property
   c)damaging or threatening to damage a person’s reputation
   d) causing or threatening to cause financial loss to a person
   e) causing spiritual injury to, or placing undue spiritual pressure on, a person
   f) doing any other act designed to intimidate a person
   g) doing any act designed to deceive a person in relation to the administration of an election.

For the purposes of (2) and (3) above an activity is carried out if it is

• a) by that person
• b) by that person jointly with one or more other persons, or
• c) by one or more other persons on behalf of that person, with that person’s authority or consent.

In 4.f. & 4.g. above, “act” includes an omission (and references to the doing of an act are to be read accordingly).

All electors, who vote at a polling station, will be required to show an accepted form of photographic identification from Thursday 4 May 2023 before they receive a ballot paper and then cast their vote.

In Tower Hamlets this will occur for the first time from Thursday 2 May 2024 at the GLA polls.

There are no exceptions to this requirement and will also include those who are registered as anonymous electors. 

If you act as a proxy for an elector, you will also need to show ID but will not have to provide ID for the person you are acting as a proxy for.

There is currently no requirement for postal voters to provide identification.

The 15 year limit on voting for British citizens living overseas has been replaced.

Any British citizen, who has previously been registered to vote in the UK or resident in the UK, will now be able to apply to register to vote regardless of how long they have lived abroad.

The renewal period for overseas electors has also changed from 1 to 3 years.

You can also register to vote as an overseas elector on GOV.UK.

Changes to absent voting have now been introduced. If you are applying to vote by post or by proxy, you will be asked to provide proof of your identity. 

A new online application service is now live, and this will enable you to apply for a postal or proxy vote and verify your identity online.

Postal voting

New provisions are due to take effect in time for the May 2024 local elections. The provisions restrict who can handle postal votes, how many postal votes can be handed in at polling stations and other venues and set out a process for handing in postal votes.

Who can’t handle postal votes?

Political campaigners will be banned from handling postal votes, except where the postal vote is their own or that of a close family member or someone who they provide care for. Postal workers or others who handle postal votes as part of their usual duties are also exempt. 

Political campaigners contravening this rule will be committing an offence and if found guilty could face a fine and/or imprisonment for up to two years.

What are the new limits for handing in postal votes?

People who are not political campaigners can still hand in postal votes at polling stations or into council buildings (depending on local arrangements). However, they will now be limited to handing in no more than five postal votes for other electors, plus their own postal vote per election.

People handing in postal votes will also have to complete a ‘return of postal voting documents’ form, which includes some personal information (name and address) and will also need to complete a declaration.

What happens if someone doesn’t follow the rules?

Postal votes may be rejected if people don’t follow the rules when handing in postal votes. This means they will not be counted in the election, but electors whose postal votes are rejected will be informed in writing that their vote has been rejected and why following the election.

Postal votes will be rejected if:

• too many postal votes are handed in
• there is reason to suspect a person has already handed in the maximum number of postal votes at the election
• the postal votes are handed in or left without a completed form.

These rules apply to all postal votes not posted through Royal Mail e.g. posting votes directly into a council building or into a council post box, which is not Royal Mail, will need an accompanying form.

What should postal voters do then?

The best advice is to post postal votes through Royal Mail as soon as possible. If a person must hand in a postal vote in person, they should make sure to hand it in somewhere where a postal vote handing-in form is available and where the Returning Officer  is accepting postal votes.

Do not use unstaffed post boxes in any council buildings that are not Royal Mail.

What’s changing about secrecy requirements?

Voters at polling stations are protected by secrecy requirements set out in Section 66 of the Representation of the People Act 1983. This states that no member of electoral staff or a person supporting a voter may communicate information about the candidate the voter voted for. 

It is an offence to try to find out how someone has voted in a polling station and to photograph ballot papers in polling stations. The Elections Act 2022 extended these requirements to apply to postal and proxy votes as well as votes cast in polling stations.

What happens if someone breaches these new rules?

Anyone found guilty of breaching these secrecy requirements could face a fine or imprisonment for up to six months.