Article 31 Other voting offencesI1

England and Wales

(1)

A person (“P1”) is guilty of an offence if—

(a)

P1 votes in person or by post, whether as an elector or as proxy, or applies to vote by proxy or by post as elector at a Senedd election, or at Senedd elections, knowing that P1 is subject to a legal incapacity to vote at the election, or at elections of that kind,

(b)

P1 applies for the appointment of a proxy to vote on P1’s behalf at a Senedd election, or at Senedd elections, knowing that P1 or the person to be appointed is subject to a legal incapacity to vote at the election, or at elections of that kind, or

(c)

P1 votes, whether in person or by post, as proxy for some other person at a Senedd election, knowing that that person is subject to a legal incapacity to vote.

(2)

For the purposes of paragraph (1), references to a person being subject to a legal incapacity to vote do not, in relation to things done before polling day at the election or first election at or for which they are done, include the person being below voting age if the person will be of voting age on that day.

(3)

A person (“P2”) is guilty of an offence if—

(a)

P2 votes as elector, otherwise than by proxy, either—

(i)

more than once in the same constituency at any Senedd election,

(ii)

in more than one constituency at a Senedd election, or

(iii)

in any constituency at a Senedd election when there is in force an appointment of a person to vote as P2’s proxy at the election in some other constituency,

(b)

P2 votes as elector in person at a Senedd election at which P2 is entitled to vote by post,

(c)

P2 votes as elector in person at a Senedd election, knowing that a person appointed to vote as P2’s proxy at the election either has already voted in person at the election or is entitled to vote by post at the election, or

(d)

P2 applies for a person to be appointed as P2’s proxy to vote for P2 at Senedd elections in any constituency without applying for the cancellation of a previous appointment of a third person then in force in respect of that or another constituency, or without withdrawing a pending application for such an appointment in respect of that or another constituency.

(4)

A person (“P3”) is guilty of an offence if—

(a)

P3 votes as proxy for the same elector either—

(i)

more than once in the same constituency at any Senedd election, or

(ii)

in more than one constituency at a Senedd election,

(b)

P3 votes in person as proxy for an elector at a Senedd election at which P3 is entitled to vote by post as proxy for that elector, or

(c)

P3 votes in person as proxy for an elector at a Senedd election knowing that the elector has already voted in person at the election.

(5)

A person (“P4”) is guilty of an offence if P4 votes at a Senedd election in any constituency as proxy for more than two persons of whom P4 is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.

(6)

A person is guilty of an offence if that person knowingly induces or procures some other person (“P5”) to do an act which is, or but for P5’s want of knowledge would be, an offence by P5 under the previous paragraphs of this article.

(7)

Subject to paragraph (8), for the purposes of this article a person who has applied for a ballot paper for the purpose of voting in person, or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, is deemed to have voted.

(8)

For the purpose of determining whether an application for a ballot paper constitutes an offence under paragraph (5), a previous application made in circumstances which entitle the applicant only to mark a tendered ballot paper will, if that person does not exercise that right, be disregarded.

(9)

A person is not guilty of an offence under paragraph (3)(b) or (4)(b) only by reason of the person having marked a tendered ballot paper in pursuance of rule 50 of Schedule 5.

(10)

A person found guilty of an offence under this article is guilty of an offence of illegal practice, but—

(a)

the court before whom a person is convicted of any such offence may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of article 124, and

(b)

a candidate will not be liable, nor will the candidate’s election be avoided, for an illegal practice under this article by any agent of the candidate’s other than an offence under paragraph (6).

Annotations

Commencement

I1: Art. 31 in force at 18.7.2025, see art. 1(2)