The Crofting Commission (Elections) (Scotland) Regulations 2011

Other voting offences

This section has no associated Executive Note

56.—(1) A person commits an offence if —

(a)he or she votes by post, whether as an elector or as proxy, or applies to vote by proxy or by post as elector, at an election knowing that he or she is subject to a legal incapacity to vote at the election;

(b)he or she applies for the appointment of a proxy to vote for him or her at an election knowing that he or she or the person appointed is subject to a legal incapacity to vote at the election;

(c)he or she votes by post as proxy for some other person at an election knowing that that person is subject to a legal incapacity to vote at the election; or

(d)he or she votes as an elector by virtue of regulation 4(2)(a), without agreement as mentioned in regulation 4(3).

(2) For the purposes of this regulation references to a person being subject to a legal incapacity to vote do not, in relation to things done before the day of the count at or for which they are done, include his or her being below voting age if he or she will be of voting age on that day.

(3) A person commits an offence if he or she votes as elector otherwise than by proxy—

(a)more than once in any election;

(b)in more than one election occurring at the same time; or

(c)at an election when there is in force an appointment of a person to vote as his or her proxy in that election.

(4) A person commits an offence if he or she votes at an election as proxy for more than 2 persons.

(5) A person commits an offence if he or she 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 paragraphs (1) to (4).