129 Infringement of secrecy

(1)

Every electoral officer, deputy electoral officer, and other electoral official—

(a)

must maintain and assist in maintaining the secrecy of the voting; and

(b)

must not communicate to any person, except for a purpose authorised by law, any information likely to compromise the secrecy of the voting.

(2)

No person, except as provided by this Act or regulations made under this Act, may—

(a)

interfere with or attempt to interfere with a voter when marking or recording his or her vote; or

(b)

attempt to obtain, in the building or other place where the voter has marked or recorded his or her vote and immediately before or after that vote has been marked or recorded, any information as to any candidate for whom, or the proposal for or against which, the voter is about to vote or has voted; or

(c)

communicate at any time to any person any information obtained in the building or other place where the voter has marked or recorded his or her vote and immediately before or after that vote has been marked or recorded, as to—

(i)

any candidate for whom, or the proposal for or against which, the voter is about to vote or has voted; or

(ii)

any number on a voting document marked or transmitted by the voter.

(3)

Every person present at the counting of votes must—

(a)

maintain and assist in maintaining the secrecy of the voting; and

(b)

must not, except as is provided by this Act or regulations made under this Act, communicate any information obtained at that counting as to any candidate for whom, or proposal for or against which, any vote is cast by a particular voter.

(4)

No person may, directly or indirectly, induce any voter to display or provide access to his or her voting document or any copy of that document after it has been marked or transmitted, so as to make known to any person the name of any candidate for or against whom, or proposal for or against which, the voter has voted.

(5)

Every person commits an offence who contravenes or fails to comply with this section.

(6)

Every person who commits an offence against subsection (5) is liable on conviction to imprisonment for a term not exceeding 6 months.

Compare: 1976 No 144 s 62

Section 129(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).