Part I Parliamentary and Local Government Franchise and its Exercise

Offences

F162AOffences relating to applications for postal and proxy votes

(1)

A person commits an offence if he—

(a)

engages in an act specified in subsection (2) at a parliamentary or local government 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.

(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;

(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.

(3)

In subsection (1)(b), property includes any description of property.

(4)

In subsection (2) 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).

(5)

A person who commits an offence under subsection (1) or who aids, abets, counsels or procures the commission of such an offence is guilty of a corrupt practice.

(6)

This section does not apply to anything done at a local government election in Scotland.