# The Scottish Parliament (Elections etc.) Order 2015, Article 77: Undue influence

Extent: S

(1) A person is guilty of a corrupt practice if that 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 paragraph (4)(a) to (f) 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 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 an election.
(5) For the purposes of paragraphs (2) and (3) an activity is carried out by 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 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).

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Source: https://www.legislation.gov.uk/ssi/2015/425/article/77 (the official version)
Page: https://openlegislation.uk/scottish-parliament-elections-etc-order-2015/article-77
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.