The National Assembly for Wales (Representation of the People) Order 2003

Tampering with nomination papers, ballot papers etc

31.—(1) A person shall be guilty of an offence if, at an Assembly election, he—

(a) fraudulently defaces or fraudulently destroys any individual nomination or party nomination paper,

(b) fraudulently defaces or fraudulently destroys any ballot paper, or the official mark on any ballot paper, or any declaration of identity 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 he is authorised by law to put in,

(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, as the case may be, attempts to do any of the foregoing acts.

(2) If—

(a) a constituency returning officer at a constituency election,

(b) a constituency or regional returning officer at a regional election,

(c) a presiding officer, or

(d) a clerk appointed to assist in taking the poll, counting the votes or assisting at the proceedings in connection with the issue or receipt of postal ballot papers,

is guilty of an offence under this article, he shall be liable—

(i) on conviction on indictment to a fine, or to imprisonment for a term not exceeding two years, or to both, or

(ii) on summary conviction, to a fine not exceeding the statutory maximum, or to imprisonment for a term not exceeding six months, or to both.

(3) If any other person is guilty of an offence under this article he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale, or to imprisonment for a term not exceeding six months, or to both.