Paragraph 3 F1

Undue influence

(1)

A person is guilty of undue influence if the person carries out an activity falling within sub-paragraph (3) for the purpose of—

(a)

inducing or compelling an elector or proxy for an elector to vote in a particular way or to refrain from voting, or

(b)

otherwise impeding or preventing the free exercise of the franchise of an elector or of a proxy for an elector.

(2)

A person (“P”) is also guilty of undue influence if P carries out an activity falling within any of paragraphs (a) to (f) of sub-paragraph (3) on account of—

(a)

an elector or proxy for an elector having voted in a particular way or refrained from voting, or

(b)

P assuming an elector or proxy for an elector to have voted in a particular way or to have refrained from voting.

(3)

The following activities fall within this sub-paragraph—

(a)

using or threatening to use violence against a person;

(b)

damaging or destroying, or threatening to damage or destroy, a person’s property;

(c)

damaging or threatening to damage a person’s reputation;

(d)

causing or threatening to cause financial loss to a person;

(e)

causing spiritual injury to, or placing undue spiritual pressure on, a person;

(f)

doing any other act designed to intimidate a person;

(g)

doing any act designed to deceive a person in relation to the administration of an election.

(4)

For the purposes of sub-paragraphs (1) and (2) an activity is carried out by a person (“P”) if it is carried out—

(a)

by P,

(b)

by P jointly with one or more other persons, or

(c)

by one or more other persons on behalf of P and with P’s authority or consent.

Annotations

Textual amendments

F1: Sch. 9 para. 3 substituted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 24; S.I. 2023/1145, reg. 3(h)(iv)

Notes on the whole Act

Textual amendments

F1: Refs. to registration officer, returning officer or electoral officer are to be construed as refs. to Chief Electoral Officer, 1972 NI 13

Notes on Schedule NINTH

Textual amendments

F1: mod. SI 2003/1557