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The National Assembly for Wales (Representation of the People) Order 2007

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Tampering with nomination papers, ballot papers etcU.K.

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33.—(1) A person shall be guilty of an offence if, at an Assembly election, he—

(a)fraudulently defaces or fraudulently destroys any constituency, individual or party nomination paper;

(b)fraudulently defaces or fraudulently destroys any ballot paper, or the official mark on any ballot paper, or postal voting statement or official envelope used in connection with voting by post;

(c)without due authority supplies any ballot paper to any person;

(d)fraudulently puts into any ballot box any paper other than the ballot paper which he is authorised by law to put in;

(e)fraudulently takes out of the polling station any ballot paper;

(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) If a returning officer, a presiding officer or a clerk appointed to assist in taking the poll and counting the votes, or at the proceedings in connection with the issue or receipt of postal ballot papers, is guilty of an offence under this article, he shall be liable—

(a)on conviction on indictment to a fine, or to imprisonment for a term not exceeding two years, or to both; or

(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.

(3) If any other person is guilty of an offence under this article 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.

(4) In relation to an offence committed after commencement of section 281(5) of the Criminal Justice Act 2003, the reference in paragraphs (2)(b) and (3) to 6 months must be taken to be a reference to 51 weeks.

Commencement Information

I1Art. 33 in force at 1.2.2007, see art. 1(1)

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