Laura Kuenssberg could find herself in hot water today after she revealed “grim” postal votes for Labour one day before the general election takes place.

BBC’s political editor was speaking to Jo Coburn on Politics Live from the campaign trail.

Asked about voter turnout ahead of the big day she said:

“The forecast is that it’s going to be wet and cold tomorrow.

“The postal votes have already arrived.

“The parties are not meant to look at it but they do get a hint and on both sides people are telling me that the postal votes that are in are looking pretty grim for Labour in a lot of parts of the country.”

Strict privacy requirements

The leak has been reported to the Electoral Commission because it could have broken electoral laws.

Postal votes are subject to strict privacy requirements, and anyone found in breach of the regulations could face a penalty.

The Representation of the People Act 1983 clearly defines the law, stating:

“No person shall, in the case of an election to which this section applies, publish before the poll is closed […] any statement relating to the way in which voters have voted at the election where that statement is (or might reasonably be taken to be) based on information given by voters after they have voted, or b) any forecast as to the result of the election which is (or might reasonably be taken to be) based on information so given.”

A duty to maintain secrecy

Guidance from the Electoral Commission, posted on Twitter shortly after the comments were made, state:

“It may be an offence to communicate any information obtained at postal vote opening sessions, including about votes cast, before a poll has closed. Anyone with information to suggest this has happened should report it immediately to the police.”

A spokesperson added that broadcasting rules are not within their remit, but said: “Anyone attending a postal vote opening session has a duty to maintain secrecy.

“Ballot papers will be kept face down throughout a postal vote opening session. Anyone attending an opening session must not attempt to see how individual ballot papers have been marked and must not keep a tally of how ballot papers have been marked.

“It may be an offence to communicate any information obtained at postal vote opening sessions, including about votes cast, before a poll has closed. Anyone with information to suggest this has happened should report it immediately to the police.”

A BBC Spokesperson said: “The BBC does not believe it, or its political editor, has breached electoral law.”



Here is Laura Kuenssberg (@bbclaurak) stating on live television that Tories have already seen postal votes – which is illegal – as she tries to discredit Labour. How can the BBC keep this incompetent shill on as political editor? #sacklaurakuenssberg pic.twitter.com/ESZakRb3g1 — Mike P Williams 🌹 (@Mike_P_Williams) December 11, 2019