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SCHEDULES

NINTH SCHEDULE F1N.I.ELECTORAL MISDEMEANOURS

Annotations:

F1mod. SI 2003/1557

PART IIN.I.ILLEGAL PRACTICES

[F212A(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:

F2SI 1987/168