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Local Electoral Act 2001

Offences

130: Disclosing voting or state of election or poll

You could also call this:

"Keeping Voting Secrets"

Illustration for Local Electoral Act 2001

You must keep voting secrets. If you are an electoral officer or helper, you commit an offence if you tell people how someone voted. You also commit an offence if you tell people how an election is going before voting is closed. You can tell people how many voting papers have been returned. If you break these rules, you can get a fine. The fine can be up to $5,000 for some people and up to $2,000 for others.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM94794.

Topics:
Government and voting > Elections
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129: Infringement of secrecy, or

"Keeping Voting Secrets"

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131: Penalty for electoral officer, deputy electoral officer, and other electoral officials, or

"Breaking election rules can cost officials up to $2,000"

Part 7Offences

130Disclosing voting or state of election or poll

  1. Every electoral officer, deputy electoral officer, other electoral official, Justice of the Peace, or scrutineer commits an offence who—

  2. makes known for what candidate or candidates or for which proposal any particular voter has voted for or against, except as provided by this Act or regulations made under this Act; or
    1. before the close of voting, makes known the state of the election or poll or gives or pretends to give any information by which the state of the election or poll may be known.

      1. Subsection (1)(b) does not prevent an electoral officer from disclosing the total number of voting documents so far returned at an election or poll at any time during the voting period.

      2. A person who commits an offence against subsection (1) is liable on conviction to a fine—

      3. not exceeding $5,000 for an electoral officer or deputy electoral officer:
        1. not exceeding $2,000 for any other person.

          Compare
          • 1976 No 144 s 63
          Notes
          • Section 130(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).