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SCHEDULES

Sections 80(5), 103(2), 105, 114, 119, 130.

NINTH SCHEDULE F1N.I.ELECTORAL MISDEMEANOURS

Annotations:

F1mod. SI 2003/1557

PART IN.I.CORRUPT PRACTICES

1Bribery

(1)A person shall be guilty of bribery if he, directly or indirectly, by himself or by any other person on his behalf—

(a)gives any money or procures any office to or for any voter or to or for any other person on behalf of any voter or to or for any other person in order to induce any voter to vote or refrain from voting; or

(b)corruptly does any such act as aforesaid on account of any voter having voted or refrained from voting; or

(c)makes any such gift or procurement as aforesaid to or for any person in order to induce that person to procure, or endeavour to procure, the election of any candidate at any election or the vote of any voter; or

(d)upon or in consequence of any such gift or procurement as aforesaid, procures or engages, promises or endeavours to procure the election of any candidate at any election or the vote of any voter.

For the purposes of this sub-paragraph—

(i)references to giving money shall include references to giving, lending, agreeing to give or lend, offering, promising, or promising to procure or endeavour to procure any money or valuable consideration; and

(ii)references to procuring any office shall include references to giving, procuring, agreeing to give or procure, offering, promising, or promising to procure or to endeavour to procure any office, place or employment.

(2)A person shall be guilty of bribery if he advances or pays or causes to be paid any money to or to the use of any other person with the intent that that money or any part thereof is to be expended in bribery at any election or knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election.

(3)The foregoing provisions of this paragraph shall not extend or be construed as extending to any money paid or agreed to be paid for or on account of any lawful expenses incurred in good faith at or in relation to an election.

(4)A voter shall be guilty of bribery if before or during an election he directly or indirectly by himself or by any other person on his behalf receives, agrees, or contracts for any money, gift, loan or valuable consideration, office, place or employment for himself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting.

(5)A person shall be guilty of bribery if after an election he directly or indirectly by himself or by any other person on his behalf receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting.

(6)In this paragraph the expression voter includes any person who has or claims to have a right to vote either on his own behalf or by proxy.

2 Treating

(1)A person shall be guilty of treating if he corruptly, by himself or by any other person on his behalf, either before, during or after an election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing, any food, drink, entertainment or provision to or for any person—

(a)for the purpose of corruptly influencing that person or any other person to vote or refrain from voting; or

(b)on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting.

(2)Every elector or proxy who corruptly accepts or takes any such food, drink, entertainment or provision shall also be guilty of treating.

3 Undue influence

A person shall be guilty of undue influence—

(a)

if he, directly, or indirectly, by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence or restraint, or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person in order to induce or compel that person to vote or refrain from voting, or on account of that person having voted or refrained from voting; or

(b)

if, by abduction, duress or any fraudulent device or contrivance, he impedes or prevents the free exercise of the franchise of an elector or proxy, or thereby compels, induces or prevails upon an elector or proxy either to vote or to refrain from voting.

4 Personation

(1)A person shall be guilty of personation if at any election he—

(a)votes or applies for a ballot paper as some other person, whether that other person is a person whose name appears as an elector in the current register or is the proxy of such an elector and whether that other person is living or dead or is a fictitious person; or

(b)votes or applies for a ballot paper as proxy for another person, knowing or having reasonable grounds for supposing that the proxy paper appointing him has been cancelled or that that other person is dead or is a fictitious person.

(2)For the purposes of this paragraph, a person who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted.

5Misdemeanours as to proxy voting

[F2Except at a local election] A person shall be guilty of a misdemeanour as to proxy voting if he—

(a)

votes at any parliamentaryF2. . . election as proxy for more than two electors of whom he is neither the spouse, parent, grandparent, brother, sister, child or grandchild; or

(b)

not being duly qualified to vote as proxy for another person, so votes;

(c)

votes or applies for a ballot paper as proxy for another person knowing or having reasonable grounds for supposing that that other person—

(i)

is no longer entitled to vote at that election; or

(ii)

is no longer entitled to vote by proxy at that election.

Annotations:

F2SI 1987/168

False statements in nomination papers, etc.N.I.

[F35AA person is guilty of a corrupt practice if he causes or permits to be included in a document delivered or otherwise furnished to a returning officer for use in connection with a local election—

(a)a statement of the name or home address of a candidate at the election which he knows to be false in any particular; or

(b)anything which purports to be the signature of an elector who proposes, seconds or assents to, the nomination of such a candidate but which he knows—

(i)was not written by the elector by whom it purports to have been written, or

(ii)if written by that elector, was not written by him for the purpose of signifying that he was proposing, seconding, or (as the case may be) assenting to, that candidate's nomination.]

Annotations:

F3SI 2001/417

6 Making a false declaration as to election expenses

A candidate or an election agent shall be guilty of making a false declaration as to election expenses if he knowingly makes the declaration required by section forty-seven falsely.

7 Incurring unauthorised expenses

A person shall be guilty of incurring unauthorised expenses if he incurs, or aids, abets, counsels or procures any other person to incur, any expenses in contravention of section forty-one or knowingly makes the declaration required by sub-section (5) or that section falsely.

8 Attempting or conspiring to commit a corrupt practice

A person shall be guilty of a corrupt practice if he attempts or conspires to commit any of the corrupt practices numbered 1 to 7 in this Part.

9 Aiding and abetting the commission of a corrupt practice

A person shall be guilty of a corrupt practice if he aids, abets, counsels or procures the commission of any of the corrupt practices numbered 1 to 8 in this Part or knowingly induces some other person to do an act which is, or but for that other person's want of knowledge would be, such a corrupt practice.

PART IIN.I.ILLEGAL PRACTICES

10(1)[F4Except at a local election] A person shall be guilty of an illegal practice if, knowing that he is subject to a legal incapacity to vote—N.I.

(a)at any election, he votes or asks for a ballot paper for the purpose of voting at that election; orF4. . .

(b)at any parliamentaryF4. . . election, he applies to vote by post.

(2)A person shall be guilty of an illegal practice if he votes or asks for a ballot paper for the purpose of voting on his own behalf at any election in a constituencyF4. . . in which though registered he knows that he is not entitled to vote.

Annotations:

F4SI 1987/168

11A person shall be guilty of an illegal practice if—

(a)he votes—

(i)at any parliamentary election, more than once on his own behalf in any constituency;

(ii)at a parliamentary general election, in more than one constituency …F5;

Heads (iii), (iv) rep. by 1968 c.20 (NI)

(b)he votes in person at a parliamentaryF6. . . election at which he is entitled to vote by post;

Sub-paras. (c), (d) rep. by SI 1987/168

Annotations:

F6SI 1987/168

12(1)[F7Except at a local election] A person shall be guilty of an illegal practice if—N.I.

(a)he applies for the appointment of a proxy, knowing that he or the person proposed as proxy is subject to a legal incapacity to vote;

(b)he votesF7. . . as proxy for a person, knowing that person to be subject to a legal incapacity to vote.

(2)A person shall be guilty of an illegal practice if he votes as proxy for any one elector—

(a)at any parliamentary election, more than once in any constituency;

(b)at a parliamentary general election …F8, in more than one …F9 constituency;

Head (c) rep. by 1968 c.20 (NI)

Head (d) rep. by SI 1987/168

Annotations:

F7SI 1987/168

[F1012A(1)A person shall be guilty of an illegal practice if—N.I.

(a)he votes in person or by post, whether as an elector or as proxy, or applies to vote by proxy or by post as elector, at a local election or at local elections, knowing that he is subject to a legal incapacity to vote at the election or, as the case may be, at such elections; or

(b)he applies for the appointment of a proxy to vote for him at any local election or at local elections knowing that he or the person to be appointed is subject to a legal incapacity to vote at the election or, as the case may be, such elections; or

(c)he votes, whether in person or by post, as proxy for some other person at a local election, knowing that that person is subject to a legal incapacity to vote.

For the purposes of this sub-paragraph references to a person being subject to a legal incapacity to vote do not, in relation to things done before polling day at the election or first election at which or for which they are done, include his being below voting age if he will be of voting age on that day.

(2)A person shall be guilty of an illegal practice if—

(a)he votes as elector otherwise than by proxy either—

(i)more than once in the same district electoral area at any local election; or

(ii)in more than one district electoral area at an ordinary election of councillors for a local government district; of

(iii)in any district electoral area at such an ordinary election as mentioned above, when there is in force an appointment of a person to vote as his proxy at the election in some other district electoral area; or

(b)he votes as elector in person at a local election at which he is entitled to vote by post; or

(c)he votes as elector in person at a local election, knowing that a person appointed to vote as his proxy at the election either has already voted in person at the election or is entitled to vote by post.

(3)A person shall be guilty of an illegal practice if—

(a)he votes as proxy for the same elector either—

(i)more than once in the same district electoral area at any local election; or

(ii)in more than one district electoral area at an ordinary election of councillors for a local government district; or

(b)he votes in person as proxy for an elector at a local election at which he is entitled to vote by post as proxy for that elector; or

(c)he votes in person as proxy for an elector at a local election knowing that the elector has already voted in person at the election.

(4)A person shall also be guilty of an illegal practice if he votes at a local election in any district electoral area as proxy for more than two persons of whom he is not the husband, wife, parent, grandparent, brother, sister, child or grandchild.

(5)A person shall also be guilty of an illegal practice if he knowingly induces or procures some other person to do an act which is, or but for that other person's want of knowledge would be, an offence by that other person under the foregoing provisions of this paragraph.

(6)For the purposes of this paragraph a person who has applied for a ballot paper for the purpose of voting in person, or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted, but for the purpose of determining whether an application for a ballot paper constitutes an offence under sub-paragraph (4), a previous application made in circumstances which entitle the applicant only to mark a tendered ballot paper shall, if he does not exercise that right, be disregarded.

(7)Where a person is alleged to have committed an offence under sub-paragraph (2)(a)(i) or (3)(a)(i) by voting on a second or subsequent occasion, he shall not be deemed by sub-paragraph (6) to have voted by applying on a previous occasion for a ballot paper for the purpose of voting in person unless he then marked a tendered ballot paper under rule 37(4) of the local elections rules.

(8)In respect of an illegal practice under this paragraph—

(a)the court before whom a person is convicted may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 112; and

(b)a candidate shall not be liable, nor shall his election be avoided, for an illegal practice under this paragraph of any agent of his other than an offence under sub-paragraph (5).]

Annotations:

F10SI 1987/168

13(1)A person who commits an offence under[F11 Article 7(2) of the Public Order (Northern Ireland) Order 1987]N.I.

(a)at a political meeting held with reference to a parliamentary election for any constituency between the date of the issue of the writ and the date on which a return to the writ is made; or

(b)at a meeting in any local government electoral area with reference to a local election for that area, held[F12 in the period beginning with the last day on which notice of election may be published under rule 1 of the local elections rules and ending with] the day of election;

shall be guilty of an illegal practice in relation to that election.

Subs.(2) rep. by 1981 NI 17

Annotations:

F111987 NI 7

F12SI 1987/168

14A candidate or an election agent who commits the offence specified in paragraph 28 shall be guilty of an illegal practice.

15A candidate or an election agent who is personally guilty of any of the offences of illegal payment, illegal employment or illegal hiring respectively specified in paragraphs 29, 30 and 31, shall be guilty of an illegal practice.

16If any person fails to send any statement, declaration or return or copy thereof as required by any provision of sections forty, forty-one, forty-six and forty-seven, he shall be guilty of an illegal practice.[F13 In respect of the application of the provisions of sections 41(5)(b), 46 and 47 at a local election, this paragraph shall have effect as if for send there were substituted deliver.]

Annotations:

F13SI 1987/168

17A person who makes any payment, advance or deposit in contravention of sub-section (1) of section thirty-nine or pays any money in contravention of sub-section (4) of that section, shall be guilty of an illegal practice.

18(1)No payment or contract for payment shall for the purpose of promoting or procuring the election of a candidate at an election be made to an elector or proxy on account of the exhibition of, or the use of any house, land, building or premises for the exhibition of, any address, bill or notice, unless it is the ordinary business of the elector or proxy as an advertising agent to exhibit for payment bills and advertisements and the payment or contract is made in the ordinary course of that business.N.I.

(2)If any payment or contract for payment is knowingly made in contravention of this paragraph either before, during or after an election, the person making the payment or contract, and, if he knew it to be in contravention of this Act, any person receiving the payment or being a party to the contract, shall be guilty of an illegal practice.

19Any person who, before or during an election, knowingly publishes a false statement of the withdrawal of a candidate at the election for the purpose of promoting or procuring the election of another candidate shall be guilty of an illegal practice.

20(1)Any person who, or any director of any body or association corporate which, for the purpose of affecting the return of any candidate at any election, makes or publishes before or during that election any false statement of fact in relation to the personal character or conduct of the candidate shall be guilty of an illegal practice, unless he can show that he had reasonable grounds for believing, and did believe, the statement to be true.N.I.

(2)The High Court or county court may by interim or perpetual injunction restrain a person making or publishing any false statement of fact as aforesaid, from any repetition of that false statement or of a false statement of a similar character in relation to the candidate; and such an interim injunction may be granted on prima facie proof of the falsity of the statement.

21(1)A person making a payment or contract in contravention of sub-section (4) of section forty-one and, if he knew it to be in contravention of this Act, any person receiving the payment or being a party to the contract shall be guilty of an illegal practice.N.I.

(2)A candidate or election agent who before, during or after any election knowingly pays any sum or incurs any expense in contravention of section forty-two shall be guilty of an illegal practice.

22An election agent who pays a claim in contravention of sub-section (1) of section forty-three or makes a payment in contravention of sub-section (2) of that section shall be guilty of an illegal practice.

23A person shall be guilty of an illegal practice if he—

(a)attempts or conspires to commit any of the illegal practices specified in this Part; or

(b)aids, abets, counsels or procures the commission of any of the illegal practices specified in this Part or knowingly induces some other person to do an act which is, or but for that other person's want of knowledge would be, such an illegal practice.

PART IIIN.I.ELECTORAL OFFENCES

Para. 24 rep. by 1989 c. 3

[F1424AA person who makes a statement which he knows to be false in any declaration or form used for any of the purposes of Part I of Schedule 2 to the Local Elections (Norther Ireland) Order 1985 (as substituted by Schedule 2 to the Local Elections (Northern Ireland) (Amendment) Order 1987) or attests an application under that Part when he knows that he is not authorised to do so or that it contains a statement which is false shall be guilty of an electoral offence.]

Annotations:

F14SI 1987/168

25If any person upon whom any functions are conferred by or under this Act in relation to any electionF15. . . , without reasonable cause fails or neglects duly to perform those functions, he shall be guilty of an electoral offence.

Annotations:

26(1)A person shall be guilty of an electoral offence if he without lawful authority destroys, mutilates, defaces or removes any notice published by the registration officer in connection with his registration duties or any copies of a document which have been made available for inspection in pursuance of those duties or any notice or document published or displayed by or on behalf of the returning officer in connection with any election.N.I.

(2)A person shall be guilty of an electoral offence if at any election he—

(a)fraudulently defaces or fraudulently destroys—

(i)any nomination paper; or

(ii)any ballot paper, or the official mark on any ballot paper, or any voter's declaration, or any official envelope used in connection with voting by post; or

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

(c)puts into any ballot box any paper other than the ballot paper that he is authorised by law to put in; or

(d)without due authority takes out of the polling station any ballot paper (whether issued to him or not); or

(e)wilfully or negligently without due authority, destroys, conceals, loses, takes, opens or otherwise interferes with—

(i)any ballot box or packet of ballot papers then in use for the purposes of the election; or

(ii)any sealed or other packet of papers or documents of any kind then in use or intended to be used for the purposes of the election; or

(iii)any ballot paper account or marked copy of a register prepared or used for the purposes of the election or any unused ballot papers.

27(1)A person attending at or admitted to a polling station in any capacity at an election shall be guilty of an electoral offence if before the poll is closed he communicates to any other person any information as to—N.I.

(a)the name of any elector or proxy who has or has not applied for a ballot paper or voted at a polling station; or

(b)the number on the register of any elector who, or whose proxy, has or has not applied for a ballot paper or voted at a polling station; or

(c)the official mark.

(2)Any person attending in any capacity at the count at any election shall be guilty of an electoral offence if he—

(a)ascertains or attempts to ascertain at the count the number [F16or other unique identifying mark] on the back of any ballot paper; or

(b)at any time communicates any information obtained at the count as to the candidate for whom any vote is given on any particular ballot paper.

(3)A person shall be guilty of an electoral offence if he—

(a)interferes with or attempts to interfere with a voter when recording his vote; or

(b)otherwise obtains or attempts to obtain in a polling station information as to the candidate for whom a voter in that station is about to vote or has voted; or

(c)communicates at any time to any person any information obtained in a polling station as to the candidate for whom a voter in that station is about to vote or has voted, or as to the number [F17or other unique identifying mark] on the back of the ballot paper issued to a voter at that station; or

(d)directly or indirectly induces a voter to display his ballot paper after he has marked it so as to make known to any person the name of the candidate for whom he has or has not voted; or

(e)being a person permitted, on making a declaration of secrecy, to remain with a blind voter while the presiding officer records his vote, communicates at any time to any person any information as to the candidate for whom that voter intends to vote or has voted, or as to the number on the back of the ballot paper issued for use of that voter.

(4)Any person attending the proceedings in connection with the issue or receipt of ballot papers for persons voting by post shall be guilty of an electoral offence if he—

(a)communicates, before the poll is closed, to any person any information obtained at those proceedings as to the official mark; or

(b)except for some purpose authorised by law, communicates to any person at any time any information obtained at those proceedings as to the number [F18or other unique identifying mark] on the back of the ballot paper sent to any person; or

(c)except for some purpose authorised by law, attempts to ascertain at the proceedings in connection with the receipt of ballot papers the number [F19or other unique identifying mark] on the back of any ballot paper; or

(d)attempts to ascertain at the proceedings in connection with the receipt of the ballot papers the candidate for whom any vote is given in any particular ballot paper or communicates any information with respect thereto obtained at those proceedings.

Prohibition on publication of exit pollsN.I.

[F2027A(1)A person who publishes before the poll at a local election is closed—

(a)any statement relating to the way in which voters have voted at the election where that statement is (or might reasonably be taken to be) based on information given by voters after they have voted, or

(b)any forecast as to the result of the election which is (or might reasonably be taken to be) based on information so given,

is guilty of an electoral offence.

(2)In this paragraph—

and any reference to the result of an election is a reference to the result of the election either as a whole or so far as any particular candidate or candidates at the election is or are concerned.]

Annotations:

F20SI 2001/417

28Subject to paragraph 14, any person who—

(a)prints or publishes, or causes to be printed or published, any bill, placard or poster having reference to an election, or any printed document distributed for the purpose of promoting or procuring the election of a candidate; or

(b)posts or causes to be posted any such bill, placard or poster as aforesaid; or

(c)distributes or causes to be distributed any printed document for the said purpose;

shall be guilty of an electoral offence if the bill, placard, poster or document does not bear upon its face the name and address of the printer and publisher; and for the purposes of this paragraph the expression printing includes any process for multiplying copies of a document, other than copying it by hand.

29(1)Subject to paragraph 15, a person shall be guilty of an electoral offence (in this Act referred to as illegal payment) if he contravenes any of the following provisions of this paragraph.N.I.

(2)A person shall not knowingly provide money for any payment which is contrary to the provisions of this Act, or for any expenses incurred in excess of any maximum allowed by this Act, or for replacing any money expended in any such payment or expenses, except where the payment or the incurring of the expenses may have been previously allowed in pursuance of section one hundred and seven to be an exception.

(3)A person shall not corruptly induce or procure any other person to withdraw from being a candidate at any election, in consideration of any payment or promise of payment; and a person shall not so withdraw in pursuance of such an inducement or procurement.

(4)A person shall not—

(a)make any payment or contract for payment; or

(b)knowing that it is contrary to law, receive any payment or be a party to any contract for payment;

for or on account of bands of music, torches, flags or banners for the purpose of promoting or procuring the election of a candidate at any election[F21, other than a local election,] except in so far as any such payment or contract may have been allowed in pursuance of section one hundred and seven to be an exception.

Annotations:

F21SI 1987/168

30Subject to paragraph 15, if a person is either before, during or after any election, for the purpose of promoting or procuring the election of a candidate, engaged or employed for payment or promise of payment as a canvasser, the person so engaging or employing him and the person so engaged or employed shall be guilty of an electoral offence (in this Act referred to as illegal employment ).

Para. 31 rep. by SI 2001/417

32If any returning officer at any election, or any officer or clerk duly appointed under this Act to perform any functions in relation to any election, acts as an agent of a candidate in the conduct or management of the election, he shall be guilty of an electoral offence.

[F2232A(1)A person to whom this paragraph applies shall be guilty of an electoral offence if, without reasonable cause, he is guilty of any act or omission in breach of his official duty.N.I.

(2)The persons to whom this paragraph applies are—

(a)the Chief Electoral Officer and any person the whom functions are delegated by him under this Act,

(b)any presiding officer or any person either appointed to assist in the conduct of the election or who so assists in the course of his employment, and

(c)any postmaster or his deputy;

and official duty shall for the purposes of this paragraph be construed accordingly, but shall not include duties imposed otherwise than by the law relating to local elections or the registration of local electors.]

Annotations:

F22SI 1987/168

Para. 33 rep. by 1989 c. 3

34[F23Except at a local election] A person shall be guilty of an electoral offence if he—

(a)attempts or conspires to commit any of the electoral offences specified in this Part; or

(b)aids, abets, counsels or procures the commission of any of the electoral offences specified in this Part or knowingly induces some other person to do an act which is or but for that other person's want of knowledge would be such an offence.

F23Without prejudice to any other enactment a person who does any of the acts described in sub‐paragraphs (a) or (b) shall be guilty of the electoral offence in question and shall be liable to be punished accordingly.

Annotations:

F23SI 1987/168

35Any electoral misdemeanour which is not specifically designated in the foregoing provisions of this Schedule as a corrupt practice, an illegal practice or an electoral offence shall be an electoral offence.