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SCHEDULES

NINTH SCHEDULE F1N.I.ELECTORAL MISDEMEANOURS

Annotations:

F1mod. SI 2003/1557

PART IIN.I.ILLEGAL PRACTICES

10(1)[F2Except 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; orF2. . .

(b)at any parliamentaryF2. . . 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 constituencyF2. . . in which though registered he knows that he is not entitled to vote.

Annotations:

F2SI 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 …F3;

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

(b)he votes in person at a parliamentaryF4. . . election at which he is entitled to vote by post;

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

Annotations:

F4SI 1987/168

12(1)[F5Except 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 votesF5. . . 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 …F6, in more than one …F7 constituency;

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

Head (d) rep. by SI 1987/168

Annotations:

F5SI 1987/168

[F812A(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:

F8SI 1987/168

13(1)A person who commits an offence under[F9 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[F10 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:

F91987 NI 7

F10SI 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.[F11 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:

F11SI 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.