Article 33 Tampering with nomination papers, ballot papers etc.I1

England and Wales

(1)

A person is guilty of an offence if, at a Senedd election, that person—

(a)

fraudulently defaces or fraudulently destroys any nomination paper, home address form or consent to nomination,

(b)

fraudulently defaces or fraudulently destroys any ballot paper, or the official mark on any ballot paper, or postal voting statement or official envelope used in connection with voting by post,

(c)

without due authority supplies any ballot paper to any person,

(d)

fraudulently puts into any ballot box, any paper other than the ballot paper which that person is authorised by law to put in the box,

(e)

fraudulently takes out of the polling station any ballot paper,

(f)

without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the election, or

(g)

fraudulently or without due authority, attempts to do any of the acts described in sub-paragraphs (a) to (f).

(2)

Paragraph (3) applies to—

(a)

a returning officer,

(b)

a presiding officer, and

(c)

a person appointed to assist in—

(i)

taking the poll,

(ii)

counting the votes, or

(iii)

proceedings in connection with the issue or receipt of postal ballot papers.

(3)

If a person to whom this paragraph applies is guilty of an offence under this article, that person is liable—

(a)

on summary conviction, to a fine not exceeding the statutory maximum, or to imprisonment for a term not exceeding 6 months, or to both, or

(b)

on conviction on indictment to a fine, or to imprisonment for a term not exceeding 2 years, or to both.

(4)

If any other person is guilty of an offence under this article that person is liable on summary conviction to—

(a)

a fine not exceeding level 5 on the standard scale, or

(b)

imprisonment for a term not exceeding 6 months, or to both.

(5)

In relation to an offence committed after the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in paragraphs (3)(a) and (4)(b) to 6 months is to be taken to be a reference to 51 weeks.

Annotations

Commencement

I1: Art. 33 in force at 18.7.2025, see art. 1(2)