114AUndue influence

1

A person is guilty of a corrupt practice if the person is guilty of undue influence.

2

A person (“P”) is guilty of undue influence if P carries out an activity falling within subsection (4) for the purpose of—

a

inducing or compelling a person 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.

3

A person (“P”) is also guilty of undue influence if P carries out an activity falling within any of paragraphs (a) to (f) of subsection (4) on account of—

a

a person having voted in a particular way or refrained from voting, or

b

P assuming a person to have voted in a particular way or to have refrained from voting.

4

The following activities fall within this subsection—

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.

5

For the purposes of subsections (2) and (3) 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.

6

In subsection (4)(f) and (g) “act” includes an omission (and references to the doing of an act are to be read accordingly).

7

This section does not have effect in relation to an election in Scotland or Wales under the local government Act.