Exit polls banned during voting, punishable by up to two years imprisonment

This Bill amends the Representation of the People Acts of 1950 and 1951 to tighten election rules, specifically by banning the publication of exit poll results during voting periods, increasing candidate security deposits, and expanding the definition of corrupt practices to include non-government officials.

Who it concerns: The Bill affects political candidates (by raising deposit requirements), media organizations and individuals (by restricting exit poll publication), companies (by making them liable for exit poll violations), and government officials or those appointed by the Election Commission (by including them in corrupt practice definitions). It also affects voters in Mizoram regarding the number of assembly seats.

What the bill does

• Prohibits conducting, publishing, or disseminating exit poll results during a period notified by the Election Commission, which generally runs from the start of polling on the first day until half an hour after the closing of the last poll.
• Increases the security deposit for Parliamentary candidates from ₹10,000 to ₹25,000 (and from ₹5,000 to ₹12,500 for SC/ST candidates).
• Increases the security deposit for Assembly/Council candidates from ₹5,000 to ₹10,000 (and from ₹2,500 to ₹5,000 for SC/ST candidates).
• Expands the definition of corrupt practices to include assistance obtained from persons in the service of local authorities, universities, government companies, or institutions appointed by the Election Commission, not just government servants.
• Establishes that if a company commits an offence regarding exit polls, the company and responsible officers are liable for punishment, unless they prove lack of knowledge or due diligence.
• Changes the appellate authority for electoral registration orders from the Chief Electoral Officer to the District Magistrate or Additional District Magistrate.
• Updates the number of Legislative Assembly seats for Mizoram from 38 to 39.

Also in the document

• Violations of the exit poll restriction are punishable with imprisonment up to two years, a fine, or both.
• The Bill specifies that the restriction on exit polls is intended to prevent affecting the outcome of subsequent phases in multi-phase elections and voter turnout.
• The Bill was introduced in the Rajya Sabha as Bill No. LII of 2008.