The Elections Act 2022: What's Next? [Part Two: The Sequel]

An update from Paul Butler at Folkestone & Hythe District Council Elections Team on the Elections Act 2022 Tranche 2 changes, and what they will mean to voters. This update is a follow-on to The Elections Act 2022: What's Next? published September 2023.

Changes to postal vote handling and secrecy

These provisions will be in effect for polls taking place from 2 May 2024

1. Ban on political campaigners handling postal votes

• Political campaigners will be banned from handling postal votes, except where the postal vote is their own, that of a close family member (including those cohabiting that aren’t married), or someone they provide regular care for.
• They are not banned from handling postal votes if they do so in the course of their usual duties (for example, if they work for Royal Mail).
• A political campaigner is defined in legislation as:
  1. a candidate at the election
  2. an election agent of a candidate at the election
  3. a sub-agent of an election agent at the election
  4. employed or engaged for the purposes of that person’s activities as a candidate
  5. a member of a registered political party and carries on an activity designed to promote a particular outcome at the election. Including displaying posters, distributing leaflets, posting promotion material on social media accounts and canvassing.
  6. employed or engaged by a registered political party in connection with the party’s political activities
  7. employed or engaged by a person within paragraphs (a) to (f) to carry on an activity designed to promote a particular outcome at the election
  8. employed or engaged by a person within paragraph (g) to carry on an activity designed to promote a particular outcome at the election

• If found guilty of handling postal votes as a campaigner, a person could face a fine and/or imprisonment up to two years.

2. Limits on handing in postal votes at polling station

• There will be a limit on the number of postal votes a person can hand in at a polling station – they will not be allowed to hand in more than five postal ballot packs for other electors plus their own.
• If a person hands in more than five postal ballot packs for other electors, all the postal votes (other than their own) will be rejected.
• If there is reason to suspect that a person has already handed in the maximum number of postal votes on any previous occasion at the election, any subsequent postal votes handed in will be rejected.

3. Completion of postal vote documents form

• Anyone handing in postal votes will need to complete a ‘return of postal voting documents’ form.
• The person handing in the postal vote(s) will need to complete the form with their name, address and the reason for handing in other people’s postal votes (where appropriate).
• They will also need to complete a declaration that they are not handing in more than the permitted number, and that they are not a political campaigner.
• If the form is not completed with all the required information, or to the authorised officer’s satisfaction, the postal vote(s) will be rejected.
• Rejected postal votes will not be included in the count.
• After the election, the Electoral Registration Officer (ERO) will write to electors who have had their postal votes rejected, telling them why.

4. Postal votes which are ‘left behind’

• Postal votes will not be accepted if they are simply left at a polling station.

• If a person hands in postal votes without completing the return of postal vote documents form, the ‘left behind’ postal votes must be rejected.

• After the election, the ERO will write to electors who have had their postal vote rejected because they were left behind.

5. Handing in postal votes to the Returning Officer

• Electors sometimes hand postal votes in directly to the Returning Officer in advance of the election, and on polling day itself.
• The same restrictions, limits, and requirement to complete a form which apply at polling stations, will also apply to postal votes handed to the Returning Officer or at council offices. 
• We will accept postal votes handed in personally at polling stations or at the Civic Centre. Postal votes handed in at any other address will not be accepted as there will be nobody present to provide and sign the return of postal voting documents form.

• Any postal votes which are left at any council building without the ‘return of postal voting documents’ form being completed will be rejected.
• We cannot accept any postal votes which are left in the council mailbox, or which are put in the internal mail system.  We are working with customer contact colleagues to implement a way for electors to return their postal pack and complete the necessary form.

6. Secrecy requirements extended to postal and proxy votes

• The secrecy requirements which apply at a polling station are being extended to postal and proxy votes.
• It will be an offence to try to find out how someone has voted when completing their postal vote, or to communicate how a postal or proxy voter has voted.
• Anyone found guilty of breaching the secrecy requirements could face a fine or imprisonment up to six months.

7. What does this mean for you?

• Please encourage postal voters to return their postal vote via the Royal Mail system in plenty of time.
• If they have missed the post, let them know they can still hand it in at a polling station, or at the Civic Centre before 10pm on polling day but will be required to complete a form.
• Make sure anyone supporting the election campaign understands what a campaigner is and is aware of the ban on handling postal votes.
• Tell them they can only handle other people’s postal votes if they are a close relative or someone they provide regular care for.
• Be aware that suspicions of campaigners handling postal votes will be reported to the Police.

• Inform electors of the limit on handing postal votes in at polling stations and council offices – five, plus their own.
• Tell them they must complete a form when handing in postal votes, and any left behind at a polling station or council office will be rejected.
• Ensure electors know postal votes left in council letterboxes will be classed as ‘left behind’ and will be rejected.
• If you are handling any postal vote application forms, make sure you continue to follow the Electoral Commission’s Code of Conduct for campaigners.