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The Crofting Commission (Elections) (Scotland) Regulations 2011

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Tampering with nomination papers, ballot papers etc.

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59.—(1) A person commits an offence, if, at an election, he or she—

(a)intentionally defaces or destroys any nomination paper;

(b)intentionally defaces or destroys any ballot paper or official envelope used in connection with voting by post;

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

(d)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

(e)intentionally or without due authority, as the case may be, attempts to do any of the acts mentioned in sub-paragraphs (a) to (d).

(2) If a returning officer or a member of his or her staff attending at the counting of the votes commits an offence under this regulation, he or she is liable—

(a)on conviction on indictment to a fine, or to imprisonment for a term not exceeding 2 years, or to both;

(b)on summary conviction, to a fine not exceeding the statutory maximum, or to imprisonment for a term not exceeding 12 months, or to both.

(3) If any other person commits an offence under this regulation, he or she is 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.

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