Electoral Law Act (Northern Ireland) 1962

[F1 12A (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.

[F2 (1A) A person (“P”) is guilty of an illegal practice if P applies for the appointment of a proxy to vote for P—

(a) at a local election, where P knows that the person to be appointed is already appointed as proxy to vote at that election, or at local elections, for four or more other electors;

(b) at a local election where—

(i) P is or will be registered in the register of local electors otherwise than by virtue of a service qualification, and

(ii) P knows that the person to be appointed is already appointed as proxy to vote at that election, or at local elections, for two or more other electors none of whom is registered in a register of local electors by virtue of a service qualification;

(c) at local elections, where P knows that the person to be appointed is already appointed as proxy to vote at a local election, or at local elections, for four or more other electors;

(d) at local elections, where—

(i) P is or will be registered in the register of local electors otherwise than by virtue of a service qualification, and

(ii) P knows that the person to be appointed is already appointed as proxy to vote at a local election, or at local elections, for two or more other electors none of whom is registered in a register of local electors by virtue of a service qualification.]

(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.

[F3 (4) A person is also guilty of an illegal practice if the person votes as proxy—

(a) for more than four electors—

(i) at a local election, or

(ii) where the polls for two or more local elections are held on the same day, at those elections taken together;

(b) for more than two electors—

(i) at a local election, or

(ii) where the polls for two or more local elections are held on the same day, at those elections taken together,

where the person knows that more than two of those electors are registered in a register of local electors otherwise than by virtue of a service qualification.]

(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 [F4 (but see sub-paragraph (6A))], 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.

[F5 (6A) For the purpose of determining whether an application for a ballot paper constitutes an offence under sub-paragraph (2)(a)(i) or (3)(a)(i), a previous application is to be disregarded if the applicant’s failure to vote on that occasion resulted only from a failure to produce satisfactory proof of identity.]

(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.

[F6 (7A) A person is not guilty of an illegal practice under sub-paragraph (2)(b) or (3)(b) above only by reason of that person having marked a tendered ballot paper in pursuance of rule 37(1C) or (1E) 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).]

F1 SI 1987/168

F2 Sch. 9 para. 12A(1A) inserted (31.10.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 26(2); S.I. 2023/1145, reg. 2(g)(iii)

F3 Sch. 9 para. 12A(4) substituted (31.1.2024) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 26(3); S.I. 2023/1145, reg. 4(e)(vii) (with Sch. para. 4)

F4 Words in Sch. 9 para. 12A(6) inserted (16.1.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 26(4); S.I. 2022/1401, reg. 2(f)(ix)(bb) (with reg. 3(3))

F5 Sch. 9 para. 12A(6A) inserted (16.1.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 26(5); S.I. 2022/1401, reg. 2(f)(ix)(bb) (with reg. 3(3))

F6 Sch. 9 para. 12A(7A) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 32 (with art. 1(3))

Modifications etc. (not altering text)

C1 Sch. 9 para. 12A(4) restricted (31.10.2023) by The Elections Act 2022 (Commencement No. 9, Transitional and Savings Provisions and Appointed and Specified Days) and Ballot Secrecy Act 2023 (Commencement) Regulations 2023 (S.I. 2023/1145), Sch. para. 4