Standing as a candidate at a local election
Postal vote handling and secrecy
For polls taking place from 2 May 2024.
Ban on political campaigners handling 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 (two people living together as if they were a married couple, or civil partners are treated as if they were spouses or civil partners of each other), or
- someone they provide regular care for
- the ban does not apply if they would handle postal votes in the course of their usual duties (for example, if they work for Royal Mail)
A political campaigner is defined in legislation as:
- a) a candidate at the election
- b) an election agent of a candidate at the election
- c) a sub-agent of an election agent at the election
- d) employed or engaged for the purposes of that person's activities as a candidate
- e) a member of a registered political party and carries on an activity designed to promote a particular outcome at the election - this includes displaying posters, distributing leaflets, posting promotional material on social media accounts and canvassing
- f) employed or engaged by a registered political party in connection with the party's political activities
- g) 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
- h) 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 2 years.
The ban does not apply to handling postal vote applications, however political campaigners should follow the guidance issued by the Electoral Commission for application forms.
Limits on hand delivering completed postal votes
The number of postal votes a person can hand deliver is limited to their own plus no more than 5 for other electors.
Where the elector has been appointed as a postal proxy for another elector - handing in the postal proxy vote would count towards one of the 5 for other electors.
If a person hands in more than 5 postal ballot packs for other electors, all the postal votes (other than their own) will be rejected.
If there is reason to suspect 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.
Completion of postal vote documents form
Anyone hand delivering postal votes will need to complete a postal vote return form.
The person handing in the postal vote(s) will need to complete the form with their name and address, and confirm:
- if they are handing in their own and / or other people's postal votes
- whether they are a political campaigner
- the number of votes being handed in
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.
Hand delivering postal votes to the Returning Officer
Postal votes can be hand delivered at the Town Hall, Westoe Road, South Shields, NE33 2RL.
They must be handed to a person authorised by the Returning Officer and the postal vote return form must be completed when the postal vote(s) is handed in.
Postal votes must not be posted through the Council's letterbox at South Shields Town Hall or via the Council's internal mail system.
Postal votes left by voters without completing the form
Postal votes will not be accepted if they are simply left at a polling station or any Council building without a return of postal voting documents form.
These 'left behind' postal votes must be rejected.
After the election, the Electoral Registration Officer (ERO) will write to electors who have had their postal vote rejected, telling them why.
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 6 months.
What this means for you
You should make sure anyone supporting an 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.
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 the Town Hall, South Shields, during normal office hours, or any polling station in the borough before 10pm on polling day but they will need to complete a form.
Tell electors about the limit on the number of postal votes that can be handed in - their own plus no more than 5 others.
Tell them they must complete a form when handing in postal votes, and any left at a polling station or South Shields Town Hall without a completed form will be rejected.
Make sure electors know that postal votes left at other Council buildings or posted through 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.