PART 2Exercise of franchise for PCC elections
Offences
Other voting offences18
1
A person (“P”) is guilty of an offence if—
a
P 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 PCC election or at PCC elections, knowing that P is subject to a legal incapacity to vote at the election or, as the case may be, the elections, or
b
P applies for the appointment of a proxy to vote for P at a PCC election or at PCC elections knowing that P is or the person to be appointed is subject to a legal incapacity to vote at any such election or elections, or
c
P votes, whether in person or by post, as proxy for some other person at a PCC election, knowing that that person is subject to a legal incapacity to vote.
For the purposes of this paragraph, 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.
F21A
A person (“P”) is guilty of an offence if P applies for the appointment of a proxy to vote for P—
a
at a PCC election, where P knows that the person to be appointed as a proxy to vote at that election, or at PCC elections, for four or more other electors;
b
at a PCC election, where—
i
P is or will be registered in a register of electors otherwise than in pursuance of a service declaration, and
ii
P knows that the person to be appointed is already appointed as a proxy to vote at that election, or at PCC elections, for two or more other electors, none of whom is registered in a register of PCC electors in pursuance of a service declaration.
2
A person (“P”) is guilty of an offence if—
a
P votes as elector otherwise than by proxy either—
i
more than once in the same police area at any PCC election, or
ii
in any police area at a PCC election when there is in force an appointment of a person to vote as P's proxy at the election in respect of an address in the same police area which is other than the address by virtue of which P votes as elector, or
b
P votes as elector in person in any police area at a PCC election at which P is entitled to vote by post in the same police area, or
c
P votes as elector in person in any police area at a PCC election, knowing that a person appointed to vote in the same police area as P's proxy at the election either has already voted in person at the election or is entitled to vote by post at the election.
3
A person (“P”) is guilty of an offence if—
a
P votes as proxy for the same elector more than once in the same police area at any PCC election, or
b
P votes in person as proxy for an elector at a PCC election at which P is entitled to vote by post as proxy for that elector, or
c
P votes in person as proxy for an elector at a PCC election knowing that the elector has already voted in person at the election.
C14
A person is also guilty of an offence if the person votes at a PCC election in any police area as proxy for more than two persons of whom P is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild M1.
5
A person is also guilty of an offence if the person 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 any of paragraphs (1) to (4).
6
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, but for the purpose of determining whether an application for a ballot paper constitutes an offence under paragraph (4), a previous application made in circumstances which entitle the applicant only to mark a tendered ballot paper is to be disregarded, if the person does not exercise that right.
F16A
For the purpose of determining whether an application for a ballot paper constitutes an offence under paragraph (2)(a) or (3)(a), 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.
7
A person is not guilty of an offence under paragraph (2)(b) or (3)(b) only by reason of the person having marked a tendered ballot paper in pursuance of case 3, 4, 5 or 6 of rule 42 of the PCC elections rules.
8
An offence under this article is an illegal practice, but—
a
the court before which a person is convicted of any such offence may, if it thinks it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 of the 1983 Act (read with article 77) (incapacities on conviction of corrupt or illegal practices), and
b
a candidate is not liable, nor shall the candidate's election be avoided, for an illegal practice under this article of any agent of the candidate other than an offence under paragraph (5).