Fiscal given indy vote probe report
POLICE Scotland has passed information to the Crown Office after a probe into allegations that electoral secrecy laws may have been breached on the night of the independence referendum.
An off i ci al i nvestigation was launched a year ago after Scottish Conservative leader Ruth Davidson revealed postal vote ‘tallies’ had been taken before the vote closed.
During TV coverage of the results – less than an hour after the poll closed at 10pm on September 18 – Miss Davidson said the Better Together campaign had been ‘ i ncredibly encouraged’ by results of a ‘ sample opening’ of the postal ballot.
She said: ‘We’ve had people at every sample opening around the country over the last few weeks while that’s been coming in. We’ve been incredibly encouraged by the results from that.
‘It is illegal to discuss any of that while any ballot is ongoing, so until 10 o’clock tonight no one could talk about it. But there’s people in the room that have been sampling those ballot boxes as they’ve been opened and they’ve been taking tallies and their reports have been very positive for us.’
Postal ballot openings are held to verify that the ballots are genuine and that the signature and date of birth given along with the ballots match official records.
A complainant raised concerns that such data could have inspired the No camp’s approach in the final stages of the campaign.
The Scottish Independence Referendum Act 2013 states that ballots must be kept face down during the process and precautions must be taken to prevent anyone from seeing the votes made.
Agents f or the campaigns are allowed to attend but are bound by the act not to ‘attempt to ascertain at the proceedings in connection with the receipt of the ballot papers the outcome for which any vote is given in any particular ballot paper or communicate any i nformation with respect thereto obtained at those proceedings’.
The Electoral Commission later confirmed it had received a complaint about the matter and police were subsequently made aware.
Failure to observe the secrecy requirement is a criminal offence punishable by up to 12 months in prison and/or to a fine of up to £5,000.
Police Scotland last night confirmed it had completed an investigation.
A spokesman said: ‘Police Scotland has completed enquiries and the matter now rests with the Crown Office and Procurator Fiscal Service.’
A Crown Office spokesman added: ‘The Crown Office has received information regarding the investigation carried out by Police Scotland and will consider i f further action is necessary.’
A Scottish Conservative spokesman declined to comment.