Part I Parliamentary and Local Government Franchise and its Exercise
Offences
65 Tampering with nomination papers, ballot papers, etc.
(1)
A person shall be guilty of an offence, if, at a parliamentary or local government election, he—
(a)
fraudulently defaces or fraudulently destroys any nomination paper; or
(b)
fraudulently defaces or fraudulently destroys any ballot paper, or the official mark on any ballot paper, or any F1postal voting statement or declaration of identity or official envelope used in connection with voting by post; or
(c)
without due authority supplies any ballot paper to any person; or
(d)
fraudulently puts into any ballot box any paper other than the ballot paper which he is authorised by law to put in; or
(e)
fraudulently takes out of the polling station any ballot paper; or
(f)
without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the election; or
(g)
fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts.
(2)
In Scotland, a person shall be guilty of an offence if—
(a)
at a parliamentary or local government election, he forges any nomination paper, delivers to the returning officer any nomination paper knowing it to be forged, or forges or counterfeits any ballot paper or the official mark on any ballot paper; or
(b)
at a local government election, he signs any nomination paper as candidate or in any other capacity certifies the truth of any statement contained in it, knowing such statement to be false; or
(c)
he fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts.
F2(3)
If a returning officer, a presiding officer or a clerk appointed to assist in taking the poll, counting the votes or assisting at the proceedings in connection with the issue or receipt of postal ballot papers is guilty of an offence under this section, he shall be liable—
(a)
on conviction on indictment to a fine, or to imprisonment for a term not exceeding 2 years, or to both;
(b)
on summary conviction, to a fine not exceeding the statutory maximum, or to imprisonment for a term not exceeding 6 months, or to both
(4)
If any other person is guilty of an offence under this section, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale, or to imprisonment for a term not exceeding 6 months, or to both.
F2(5)
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F3(5)
Subsections (3) and (4) do not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the offence.