{
  "url": "https://openlegislation.uk/scottish-parliament-elections-etc-order-2015/article-77",
  "json_url": "https://openlegislation.uk/scottish-parliament-elections-etc-order-2015/article-77.json",
  "legislation": "ssi/2015/425",
  "legislation_title": "The Scottish Parliament (Elections etc.) Order 2015",
  "legislation_url": "https://openlegislation.uk/scottish-parliament-elections-etc-order-2015",
  "path": "article/77",
  "kind": "article",
  "number": "77",
  "heading": "Undue influence",
  "text": "(1) A person is guilty of a corrupt practice if that person is guilty of undue influence.\n(2) A person (“P”) is guilty of undue influence if P carries out an activity falling within paragraph (4) for the purpose of—\n(a) inducing or compelling a person to vote in a particular way or to refrain from voting, or\n(b) otherwise impeding or preventing the free exercise of the franchise of an elector or of a proxy for an elector.\n(3) A person (“P”) is also guilty of undue influence if P carries out an activity falling within any of paragraph (4)(a) to (f) on account of—\n(a) a person having voted in a particular way or refrained from voting, or\n(b) P assuming a person to have voted a particular way or to have refrained from voting.\n(4) The following activities fall within this paragraph—\n(a) using, or threatening to use, violence against a person,\n(b) damaging or destroying, or threatening to damage or destroy, a person’s property,\n(c) damaging, or threatening to damage, a person’s reputation,\n(d) causing, or threatening to cause, financial loss to a person,\n(e) causing spiritual injury to, or placing undue spiritual pressure on, a person,\n(f) doing any other act designed to intimidate a person,\n(g) doing any act designed to deceive a person in relation to the administration of an election.\n(5) For the purposes of paragraphs (2) and (3) an activity is carried out by P if it is carried out—\n(a) by P,\n(b) by P jointly with one or more other persons, or\n(c) by one or more other persons on behalf of P with P’s authority or consent.\n(6) In paragraph (4)(f) and (g) “act” includes an omission (and references to the doing of an act are to be read accordingly).",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Art. 77 substituted (with effect in accordance with art. 1(2) of the amending S.S.I.) by The Scottish Parliament (Elections etc.) (Miscellaneous Amendments) Order 2025 (S.S.I. 2025/313), arts. 1(1), 8"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2015/425/article/77",
    "retrieved_at": "2026-10-28T21:26:30.085872+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}