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36.—(1) No person shall, in the case of an Assembly election, publish before the poll is closed—
(a)any statement relating to the way in which voters have voted at the election where that statement is (or might reasonably be taken to be) based on information given by voters after they have voted; or
(b)any forecast as to the result of the election which is (or might reasonably be taken to be) based on information so given.
(2) If a person acts in contravention of paragraph (1), 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 6 months.
(3) In relation to an offence committed after commencement of section 281(5) of the Criminal Justice Act 2003, the reference in paragraph (2) to 6 months must be taken to be a reference to 51 weeks.
(4) In this article—
“forecast” includes estimate;
“publish” means make available to the public at large, or any section of the public, in whatever form and by whatever means,
and any reference to the result of an election is a reference to the result of the election either as a whole or so far as any particular candidate or candidates at the election is or are concerned.
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