Ballot Secrecy Act 2023 Amendment of the Representation of the People Act 1983 1 In the Representation of the People Act 1983, before section 63 insert— Influencing voters at polling booths 62C 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 section— 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 39 of Schedule 1 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. 4 A person who commits an offence under this section is liable on summary conviction— a in England and Wales, to imprisonment for a term not exceeding 6 months, to a fine or to both; b in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both. 5 This section does not have effect in relation to an election in Scotland or Wales under the local government Act. Amendment of Northern Ireland legislation 2 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) . Extent, commencement and short title 3 1 Section 1 , section 2 (2) and this section extend to England and Wales, Scotland and Northern Ireland. 2 Section 2 (1) extends to Northern Ireland only. 3 This section comes into force on the day on which this Act is passed. 4 The other provisions of this Act come into force on such day or days as the Secretary of State may, by regulations, appoint. 5 Regulations under subsection (4) may appoint different days for different purposes or areas. 6 The Secretary of State may, by regulations, make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act. 7 Regulations under subsection (6) may make different provision for different purposes or areas. 8 Regulations under this section are to be made by statutory instrument. 9 This Act may be cited as the Ballot Secrecy Act 2023.