OpenLegislation

Paragraph 4A Offences relating to applications for postal and proxy votes at a local electionF1

(1)

A person (“P”) is guilty of a corrupt practice if P—

(a)

engages in an act specified in sub-paragraph (2) at a local election, and

(b)

intends, by doing so, to deprive another of an opportunity to vote or to make for P or another a gain of a vote to which P or the other is not otherwise entitled or a gain of money or property.

(2)

These are the acts—

(a)

applying for a postal or proxy vote as some other person (whether that other person is living or dead or is a fictitious person);

(b)

otherwise making a false statement in, or in connection with, an application for a postal or proxy vote;

(c)

inducing the registration officer or returning officer to send a postal ballot paper or any communication relating to a postal or proxy vote to an address which has not been agreed to by the person entitled to the vote;

(d)

causing a communication relating to a postal or proxy vote or containing a postal ballot paper not to be delivered to the intended recipient.

(3)

In sub-paragraph (1)(b), property includes any description of property.

(4)

In sub-paragraph (2) a reference to a postal vote or a postal ballot paper includes a reference to a proxy postal vote or a proxy postal ballot paper (as the case may be).

(5)

For the purposes of this paragraph—

“postal ballot paper” means a ballot paper issued to a postal voter;

“postal voter” means a person entitled to vote by post at an election as an absent voter or as a proxy; and

“proxy postal ballot paper” means a ballot paper issued to a proxy postal voter.

Annotations

Textual amendments

F1

Sch. 9 para. 4A inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 30 (with art. 1(3))

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