Electoral Act 1993

Elections - Offences at elections

203: Infringement of secrecy

You could also call this:

"Keeping voting secrets: don't share or try to find out who someone voted for"

When you are working at an election, you must keep secret any information you get from your job. You can only use or tell someone information if it is part of your official job. You have a duty to keep voting secrets.

You are not allowed to bother someone who is voting or try to find out who they are voting for. You are not allowed to tell anyone who someone else is voting for or which party they support. This rule applies even after the voting has finished.

When you are counting votes, you must keep the voting secret and not tell anyone who someone voted for. You are not allowed to try to get someone to show you their voting paper after they have filled it in, so you can see who they voted for.

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This page was last updated on 18 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM310085.

Topics:

Government and voting > Elections

202: Property to be stated as being in Electoral Commission, or

"When election things are used wrongly, the court says they belong to the Electoral Commission."

204: Infringement of secrecy constitutes corrupt practice, or

"Breaking secrecy rules is against the law"

Part 6Elections
Offences at elections

203Infringement of secrecy

Every electoral official, polling place official, scrutineer, or other person appointed for the purposes of this Act shall use or disclose information acquired by him or her in that capacity only in accordance with his or her official duty or his or her duty as a scrutineer, as the case may require.
No person, except for some purpose authorised by law, shall—
interfere with or attempt to interfere with a voter when marking his or her vote:
attempt to obtain in a polling place information as to the candidate for whom or the party for which a voter in the polling place is about to vote or has voted:
communicate at any time to any person any information obtained in a polling place as to the candidate for whom or the party for which any voter at the polling place is about to vote or has voted, or as to the consecutive number on the ballot paper given to any voter at the polling place.

Every person in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting, and shall not communicate any information obtained at the counting as to the candidate for whom or the party for which any vote is given in any particular ballot paper.
No person shall directly or indirectly induce any voter to display his or her ballot paper after he or she has marked it, so as to make known to any person the name of any candidate for or against whom he or she has voted or the name of the party for which he or she has voted.

Notes

Section 203(1): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).
Section 203(2)(b): substituted, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).
Section 203(2)(c): substituted, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).
Section 203(4): amended, on 6 December 1995, by section 73(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).