Elections Act 2022

Electoral Law Act (Northern Ireland) 1962

24 For paragraph 3 substitute—

“Undue influence

3 (1) A person is guilty of undue influence if the person carries out an activity falling within sub-paragraph (3) for the purpose of—

(a) inducing or compelling an elector or proxy for an elector to vote in a particular way or to refrain from voting, or

(b) otherwise impeding or preventing the free exercise of the franchise of an elector or of a proxy for an elector.

(2) A person (“P”) is also guilty of undue influence if P carries out an activity falling within any of paragraphs (a) to (f) of sub-paragraph (3) on account of—

(a) an elector or proxy for an elector having voted in a particular way or refrained from voting, or

(b) P assuming an elector or proxy for an elector to have voted in a particular way or to have refrained from voting.

(3) The following activities fall within this sub-paragraph—

(a) using or threatening to use violence against a person;

(b) damaging or destroying, or threatening to damage or destroy, a person’s property;

(c) damaging or threatening to damage a person’s reputation;

(d) causing or threatening to cause financial loss to a person;

(e) causing spiritual injury to, or placing undue spiritual pressure on, a person;

(f) doing any other act designed to intimidate a person;

(g) doing any act designed to deceive a person in relation to the administration of an election.

(4) For the purposes of sub-paragraphs (1) and (2) an activity is carried out by a person (“P”) if it is carried out—

(a) by P,

(b) by P jointly with one or more other persons, or

(c) by one or more other persons on behalf of P and with P’s authority or consent.”