Part I Parliamentary and Local Government Franchise and its Exercise

Offences

F162BScottish 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.

F2(7)

This subsection and subsection (6) extend to the whole of the United Kingdom, but otherwise this section extends only to Scotland.