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Article 69 Undue influenceF1

(1)

A person is guilty of a corrupt practice if the person is guilty of undue influence.

(2)

A person (“P”) is guilty of undue influence if P carries out an activity falling within paragraph (4) for the purpose of—

(a)

inducing or compelling a person 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.

(3)

A person (“P”) is also guilty of undue influence if P carries out an activity falling within any of sub-paragraphs (a) to (f) of paragraph (4) on account of—

(a)

a person having voted in a particular way or refrained from voting, or

(b)

P assuming a person to have voted in a particular way or to have refrained from voting.

(4)

The following activities fall within this 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 a PCC election.

(5)

For the purposes of paragraphs (2) and (3) 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.

(6)

In paragraph (4)(f) and (g) “act” includes an omission (and references to the doing of an act are to be read accordingly).

Annotations

Textual amendments

F1

Art. 69 substituted (1.11.2023) by The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023 (S.I. 2023/1141), regs. 1(2), 4(3)