C5C10C11C13C12C14C15C16C17 Part I Parliamentary and Local Government Franchise and its Exercise

Annotations:
Modifications etc. (not altering text)

Offences

C1C2C8C3C4C6C9C18C20C2161 Other voting offences.

C71

A person shall be guilty of an offence if—

a

he votes in person or by post, whether as an elector or as proxy, or applies to F1vote by proxy or by post as elector, at a parliamentary or local government election, or at parliamentary or local government elections, knowing that he is subject to a legal incapacity to vote at the election or, as the case may be, at elections of that kind; or

b

he applies for the appointment of a proxy to vote for him at F2any parliamentary or local government election or at parliamentary or local government elections knowing that he or the person to be appointed is subject to a legal incapacity to vote at the election or, as the case may be, at elections of that kind; or

c

he votes, whether in person or by post, F3. . . ,as proxy for some other person at a parliamentary or local government election, knowing that that person is subject to a legal incapacity to vote.

For the purposes of this subsection 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 his being below voting age if he will be of voting age on that day.

F181A

A person (“P”) is guilty of an offence if P applies for the appointment of a proxy to vote for P—

a

at a parliamentary election, where P knows that the person to be appointed is already appointed as proxy to vote at that election, or at parliamentary elections, for four or more other electors;

b

at a parliamentary election where—

i

P is or will be registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration, and

ii

P knows that the person to be appointed is already appointed as proxy to vote at that election, or at parliamentary elections, for two or more other electors none of whom is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration or a service declaration;

c

at a local government election in England, where P knows that the person to be appointed is already appointed as proxy to vote at that election, or at local government elections in England, for four or more other electors;

d

at a local government election in England where—

i

P is or will be registered in a register of local government electors in England otherwise than in pursuance of a service declaration, and

ii

P knows that the person to be appointed is already appointed as proxy to vote at that election, or at local government elections in England, for two or more other electors none of whom is registered in a register of local government electors in England in pursuance of a service declaration;

e

at parliamentary elections, where P knows that the person to be appointed is already appointed as proxy to vote at a parliamentary election, or at parliamentary elections, for four or more other electors;

f

at parliamentary elections where—

i

P is or will be registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration, and

ii

P knows that the person to be appointed is already appointed as proxy to vote at a parliamentary election, or at parliamentary elections, for two or more other electors none of whom is registered in a register of parliamentary electors in pursuance of an overseas elector’s declaration or a service declaration;

g

at local government elections in England, where P knows that the person to be appointed is already appointed as proxy to vote at a local government election in England, or at local government elections in England, for four or more other electors;

h

at local government elections in England, where—

i

P is or will be registered in a register of local government electors in England otherwise than in pursuance of a service declaration, and

ii

P knows that the person to be appointed is already appointed as proxy to vote, at a local government election in England, or at local government elections in England, for two or more other electors none of whom is registered in a register of local government electors in England in pursuance of a service declaration.

2

A person shall be guilty of an offence if—

a

he votes as elector otherwise than by proxy either—

i

more than once in the same constituency at any parliamentary election, or more than once in the same electoral area at any local government election; or

ii

in more than one constituency at a general election, or in more than one electoral area at an ordinary election of councillors for a local government area which is not a single electoral area; or

iii

in any constituency at a general election, or in any electoral area at such an ordinary election as mentioned above, when there is in force an appointment of a person to vote as his proxy at the election in some other constituency or electoral area; or

F14ab

the person votes as elector otherwise than by proxy in more than one electoral area at an election of councillors for any local government area in Scotland when the polls for more than one local government election are held on the same day, or

ac

the person votes as elector otherwise than by proxy in any electoral area at an election of councillors for a local government area in Scotland when—

i

there is in force an appointment of a person to vote as the person's proxy at the election in some other electoral area in Scotland, and

ii

the polls for more than one local government election are held on the same day, or

b

he votes as elector in person at a parliamentary or local government election at which he is entitled to vote by post; or

c

he votes as elector in person at a parliamentary or local government election, knowing that a person appointed to vote as his 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

F4. . . , he applies for a person to be appointed as his proxy to vote for him at parliamentary elections F5in any constituency without applying for the cancellation of a previous appointment of a third person then in force F5in respect of that or another constituency or without withdrawing a pending application for such an appointment F5in respect of that or another constituency.

F62A

In the case of Authority elections, paragraph (a) of subsection (2) above shall not have effect; but a person shall be guilty of an offence under this subsection if he votes as an elector otherwise than by proxy—

a

more than once at the same election of the Mayor of London;

b

more than once at the same election of the London members of the London Assembly at an ordinary election;

c

more than once in the same Assembly constituency at the same election of a constituency member of the London Assembly;

d

in more than one Assembly constituency at the same ordinary election; or

e

in any Assembly constituency at an ordinary election, or an election of the Mayor of London held under section 16 of the 1999 Act, when there is in force an appointment of a person to vote as his proxy at the election in some other Assembly constituency.

C73

A person shall be guilty of an offence if—

a

he votes as proxy for the same elector either—

i

more than once in the same constituency at any parliamentary election, or more than once in the same electoral area at any local government election; or

ii

in more than one constituency at a general election, or in more than one electoral area at an ordinary election of councillors for a local government area which is not a single electoral area; or

F15ab

the person votes as proxy for the same elector in more than one electoral area at an election of councillors for any local government area in Scotland when the polls for more than one local government election are held on the same day, or

b

he votes in person as proxy for an elector at a parliamentary or local government election at which he is entitled to vote by post as proxy for that elector; or

F7c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

he votes in person as proxy for an elector at a parliamentary or local government election knowing that the elector has already voted in person at the election.

C7F83A

In the case of Authority elections, paragraph (a) of subsection (3) above shall not have effect; but a person shall be guilty of an offence under this subsection if he votes as proxy for the same elector—

a

more than once at the same election of the Mayor of London;

b

more than once at the same election of the London members of the London Assembly at an ordinary election;

c

more than once in the same Assembly constituency at the same election of a constituency member of the London Assembly; or

d

in more than one Assembly constituency at the same ordinary election.

F193B

A person (“P”) is also guilty of an offence if P votes as proxy—

a

for more than four electors—

i

at a parliamentary election;

ii

where the polls for two or more parliamentary elections are held on the same day, at those elections taken together;

iii

at a local government election in England;

iv

where the polls for two or more local government elections in England are held on the same day, at those elections taken together;

b

for more than two electors—

i

at a parliamentary election, or

ii

where the polls for two or more parliamentary elections are held on the same day, at those elections taken together,

where P knows that more than two of those electors are registered in a register of parliamentary electors otherwise than in pursuance of an overseas elector’s declaration or a service declaration;

c

for more than two electors—

i

at a local government election in England, or

ii

where the polls for two or more local government elections in England are held on the same day, at those elections taken together,

where P knows that more than two of those electors are registered in a register of local government electors otherwise than in pursuance of a service declaration.

C7C194

A person shall also be guilty of an offence if he votes F20... F9at a local government election in any electoral areaF21in Wales or Scotland as proxy for more than two persons of whom he is not the F10spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.

C75

A person shall also be guilty of an offence if he knowingly induces or procures some other person to do an act which is, or but for that other person’s want of knowledge, would be, an offence by that other person under the foregoing subsections of this section.

C76

For the purposes of this section 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, shall be deemed to have voted F17(but see subsection F22(3B) or (6ZA)), but for the purpose of determining whether an application for a ballot paper constitutes an offence under subsection (4) above, a previous application made in circumstances which entitle the applicant only to mark a tendered ballot paper shall, if he does not exercise that right, be disregarded.

F166ZA

For the purpose of determining whether an application for a ballot paper constitutes an offence under any of the multiple voting provisions, a previous application is to be disregarded if the applicant’s failure to vote on that occasion resulted only from a failure to produce satisfactory proof of identity.

6ZB

In subsection (6ZA), “the multiple voting provisions” means subsections (2)(a)(i), (2A)(a) to (c), (3)(a)(i) and (3A)(a) to (c).

C7F116A

A person is not guilty of an offence under subsection (2)(b) or (3)(b) above only by reason of his having marked a tendered ballot paper in pursuance of rule 40(1ZC) or (1ZE) of the parliamentary elections rules.

C7F126A

Where a person is alleged to have committed an offence under subsection (2)(a)(i) or (3)(a)(i) above by voting on a second or subsequent occasion at a parliamentary election, he shall not be deemed by virtue of subsection (6) above to have voted by applying on a previous occasion for a ballot paper for the purpose of voting in person unless he then marked a tendered ballot paper under rule 40(1C) of the parliamentary elections rules.

C7F136B

Sub-paragraph (2) above does not prevent a person, at the polling station allotted to him at a local government election in Scotland, marking a tendered ballot paper in pursuance of any provision—

a

made under section 3(1) of the Local Governance (Scotland) Act 2004 (asp 9) as to the conduct of elections of councillors, and

b

which entitles him to do so despite the fact that he is or may be entitled to an absent vote at the election.

C77

An offence under this section shall be an 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 section 173 below; and

b

a candidate shall not be liable, nor shall his election be avoided, for an illegal practice under this section of any agent of his other than an offence under subsection (5) above.