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Electoral Administration Act 2006

Commentary on Sections

Part 6: Conduct of elections etc.

Nomination

Section 23 Offences as to false statements in nomination papers

126.This section amends section 65A of the 1983 Act.

127.Subsection (1) of section 65A is amended to provide that a person shall be guilty of a corrupt practice if they authorise a candidate to use a description knowing that that person will be standing in more than one constituency where the poll is to be held on the same day.

128.A new subsection (1A) is inserted into section 65A which provides that a person is guilty of a corrupt practice where he makes a false statement in any document in which he gives his consent to nomination as to:

  • his date of birth;

  • his qualification for being elected;

  • the fact that he is not a candidate at an election for any other constituency where the poll is to be held on the same day as the poll at the election to which the consent relates.

129.A relevant election for the purposes of section 65A is generally any parliamentary election or any local government election in England and Wales. However, since the requirement (introduced by section 22 of this Act) for a candidate to state that he is not a candidate in any other constituency applies only to parliamentary elections, local government elections are not relevant elections for the purposes of the related corrupt practices created by section 23 of this Act.

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