The Scottish Parliament (Elections etc.) Order 2015

Undue influenceS

This section has no associated Policy Notes

77.—(1) A person shall be guilty of a corrupt practice if that person is guilty of undue influence.

(2) A person shall be guilty of undue influence—

(a)if that person directly or indirectly makes use of or threatens to make use of any force, violence or restraint, or inflicts or threatens to inflict any physical or mental injury, damage, harm or loss upon or against any person in order to induce or compel that person to vote or refrain from voting, or on account of that person having voted or refrained from voting; or

(b)if, by abduction, duress or any fraudulent device or contrivance, that person impedes or prevents, or intends to impede or prevent, the free exercise of the franchise of an elector or proxy for an elector, or so compels, induces or prevails upon, or intends so to compel, induce or prevail upon, an elector or proxy for an elector either to vote or to refrain from voting.

(3) In this article a reference to a thing being done by a person includes a reference to a thing being done on behalf of that person.

Commencement Information

I1Art. 77 in force at 16.12.2015 in accordance with art. 1(1)