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Section 62C Influencing voters at polling boothsC1C2C3C4F1F2

(1)

A person who—

(a)

is with another person at a polling booth, and

(b)

intends to influence that other person to vote in a particular way or to refrain from voting,

commits an offence.

(2)

A person who—

(a)

is near a polling booth when another person is at that booth, and

(b)

intends to influence that other person to vote in a particular way or to refrain from voting,

commits an offence.

(3)

For the purposes of this section—

(a)

a “polling booth” is a compartment in a polling station in which voters can mark votes screened from observation;

(b)

assisting a person with voting, in accordance with rule 39 of Schedule 1 or any other legislation, is not influencing that person to vote in a particular way or to refrain from voting;

(c)

a person may be near one polling booth while at a different polling booth.

(4)

A person who commits an offence under this section is liable on summary conviction—

(a)

in England and Wales, to imprisonment for a term not exceeding 6 months, to a fine or to both;

(b)

in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both.

(5)

This section does not have effect in relation to an election in Scotland or Wales under the local government Act.

Annotations

Textual amendments

F1

S. 17(1) substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8(a), Sch. 1 para. 10; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F2

S. 62C inserted (2.5.2024) by Ballot Secrecy Act 2023 (c. 12), ss. 1, 3(4); S.I. 2023/1145, reg. 8

Modifications

C1

S. 62C applied (with modifications) (2.5.2024) by S.I. 2012/323, Sch. 4 Table 1 (as amended 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(3), 5(a))

C2

S. 62C applied (with modifications) (2.5.2024) by S.I. 2012/444, Sch. 4 Table 1 (as amended 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(3), 6(a))

C3

S. 62C applied (with modifications) (2.5.2024) by S.I. 2012/2031, Sch. 4 Pt. 1 Table 1 (as amended 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(3), 7(2)(a))

C4

S. 62C applied (with modifications) (2.5.2024) by S.I. 2012/2031, Sch. 8 Table 1 (as amended 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(3), 7(3)(a))

Notes on Part I

Modifications

C1

Pt. I (ss. 1–66) modified by Representation of the People Act 1985 (c. 50, SIF 42), s. 2(6)

C2

Pt. 1 modified (E.W.) (25.5.2018) by The West Suffolk (Local Government Changes) Order 2018 (S.I. 2018/639), arts. 1, 20(7)

C3

Pt. 1 modified (E.W.) (25.5.2018) by The East Suffolk (Local Government Changes) Order 2018 (S.I. 2018/640), arts. 1, 20(7)

C4

Pt. 1 modified (E.W.) (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 39(6)

C5

Pt. 1 modified (E.W.) (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 24(6)

C6

Pt. 1 modified (E.W.) (26.5.2018) by The Somerset West and Taunton (Local Government Changes) Order 2018 (S.I. 2018/649), arts. 1, 20(7)

C7

Pt. 1 modified (E.W.) (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 18(6)

C8

Pt. 1 modified (E.W.) (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 20(8)

C9

Pt. 1 modified (E.W.) (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 20(14)

C10

Pts. 1, 2 modified (E.W.) (10.3.2026) by The Surrey (Structural Changes) Order 2026 (S.I. 2026/264), arts. 1(1), 47(5)(11), 49(5)(11)