Local Electoral Administration and Registration Services (Scotland) Act 2006

Offences relating to voting S

14 Undue influence S

(1) Section 115 of the 1983 Act (offence of undue influence), so far as it applies to a local government election in Scotland, is amended as follows.

(2) In subsection (2)(b)—

(a) after “prevents” insert “ , or intends to impede or prevent, ”, and

(b) after “prevails upon” insert “ , or intends so to compel, induce or prevail upon, ”.

15 Offences relating to applications for postal and proxy votes S

Before section 63 of the 1983 Act (breach of official duty) insert—

“62B Scottish local government elections: offences relating to applications for postal and proxy votes

(1) This section applies in relation to a local government election in Scotland.

(2) A person commits an offence if he—

(a) engages in any of the acts specified in subsection (3) below at the election; and

(b) intends, by doing so, to deprive another of an opportunity to vote or to make for himself or another a gain of a vote to which he or the other is not otherwise entitled or a gain of money or property.

(3) The acts referred to in subsection (2)(a) above are—

(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;

(c) inducing the registration officer or returning 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.

(4) In subsection (2)(b) above, property includes any description of property.

(5) In subsection (3) above a reference to a postal vote or a postal ballot paper includes a reference to a proxy postal vote or a proxy postal ballot paper (as the case may be).

(6) A person who commits an offence under subsection (2) above or who aids, abets, counsels or procures the commission of such an offence is guilty of a corrupt practice.”.