# Local Electoral Administration and Registration Services (Scotland) Act 2006, Section 15: Offences relating to applications for postal and proxy votes


Before section 63 of the 1983 Act (breach of official duty) insert—
“Scottish local government elections: offences relating to applications for postal and proxy votes
62B (1) This section applies in relation to a local government election in Scotland.
(2) A person commits an offence if he—
(a) engages in any of the acts specified in subsection (3) below at the election; and
(b) intends, by doing so, to deprive another of an opportunity to vote or to make for himself or another a gain of a vote to which he or the other is not otherwise entitled or a gain of money or property.
(3) The acts referred to in subsection (2)(a) above are—
(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.
(4) In subsection (2)(b) above, property includes any description of property.
(5) In subsection (3) above 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).
(6) A person who commits an offence under subsection (2) above or who aids, abets, counsels or procures the commission of such an offence is guilty of a corrupt practice.”.

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Source: https://www.legislation.gov.uk/asp/2006/14/section/15 (the official version)
Page: https://openlegislation.uk/local-electoral-administration-and-registration-services-scotland-act-2006/section-15
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.