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Referendums (Scotland) Act 2020

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4(1)A person (“A”) commits an offence if A—S

(a)engages in an act specified in sub-paragraph (2) in connection with the referendum, and

(b)intends, by doing so—

(i)to deprive another of an opportunity to vote in the referendum, or

(ii)to make for A or another a gain of money or property or a gain of a vote in the referendum to which A or the other is not otherwise entitled.

(2)These are the acts—

(a)applying for a postal or proxy vote as some other person (whether that other person is living or dead or is a fictitious person),

(b)otherwise making a false statement in, or in connection with, an application for a postal or proxy vote or providing false information in, or in connection with, such an application,

(c)inducing the registration officer or counting officer to send a postal ballot paper or any communication relating to a postal or proxy vote to an address which has not been agreed to by the person entitled to the vote,

(d)causing a communication relating to a postal or proxy vote or containing a postal ballot paper not to be delivered to the intended recipient.

(3)In sub-paragraph (1)(b)(ii), property includes any description of property.

(4)In sub-paragraph (2), a reference to a postal vote or a postal ballot paper includes a reference to a proxy postal vote or proxy postal ballot paper (as the case may be).

(5)A person commits a corrupt practice if the person commits an offence under sub-paragraph (1) or aids, abets, counsels or procures the commission of that offence.

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