Electoral Law Act (Northern Ireland) 1962 (c. 14)

SCHEDULES

F1 NINTH SCHEDULE N.I. ELECTORAL MISDEMEANOURS

F1 mod. SI 2003/1557

PART III N.I. ELECTORAL OFFENCES

Para. 24 rep. by 1989 c. 3

[F2 24A N.I. A person who makes a statement which he knows to be false in any declaration or form used for any of the purposes of Part I of Schedule 2 to the Local Elections (Norther Ireland) Order 1985 (as substituted by Schedule 2 to the Local Elections (Northern Ireland) (Amendment) Order 1987) or attests an application under that Part when he knows that he is not authorised to do so or that it contains a statement which is false shall be guilty of an electoral offence.]

F2 SI 1987/168

25 [F3 (1)] If any person upon whom any functions are conferred by or under this Act in relation to any electionF4 . . . , without reasonable cause fails or neglects duly to perform those functions, he shall be guilty of an electoral offence. N.I.

[F5 (2) Where—

(a) the returning officer (“R”), fails or neglects to perform his or her functions in relation to an election under this Act, but

(b) remedies that failure or neglect in full by taking steps under section 57A(1),

R shall not be guilty of an electoral offence under sub-paragraph (1).

(3) Sub-paragraph (2) does not affect any conviction which takes place, or any penalty which is imposed, before the date on which the failure or neglect is remedied in full.]

F3 Sch. 9 para. 25 renumbered (16.12.2010) as Sch. 9 para. 25(1) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 37 (with art. 1(3))

F4 1989 c. 3

F5 Sch. 9 para. 25(2)(3) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 37 (with art. 1(3))

26 (1) A person shall be guilty of an electoral offence if he without lawful authority destroys, mutilates, defaces or removes any notice published by the registration officer in connection with his registration duties or any copies of a document which have been made available for inspection in pursuance of those duties or any notice or document published or displayed by or on behalf of the returning officer in connection with any election. N.I.

(2) A person shall be guilty of an electoral offence if at any election he—

(a) fraudulently defaces or fraudulently destroys—

(i) any nomination paper; or

(ii) any ballot paper, or the official mark on any ballot paper, or any voter's declaration, or any official envelope used in connection with voting by post; or

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

(c) puts into any ballot box any paper other than the ballot paper that he is authorised by law to put in; or

(d) without due authority takes out of the polling station any ballot paper (whether issued to him or not); or

(e) wilfully or negligently without due authority, destroys, conceals, loses, takes, opens or otherwise interferes with—

(i) any ballot box or packet of ballot papers then in use for the purposes of the election; or

(ii) any sealed or other packet of papers or documents of any kind then in use or intended to be used for the purposes of the election; or

(iii) any ballot paper account or marked copy of a register prepared or used for the purposes of the election or any unused ballot papers.

[F6 26A (1) A person who— N.I.

(a) is with another person at a polling booth, and

(b) intends to influence that other person to vote in a particular way or to refrain from voting,

commits an offence.

(2) A person who—

(a) is near a polling booth when another person is at that booth, and

(b) intends to influence that other person to vote in a particular way or to refrain from voting,

commits an offence.

(3) For the purposes of this paragraph—

(a) a “polling booth” is a compartment in a polling station in which voters can mark votes screened from observation;

(b) assisting a person with voting, in accordance with rule 36 of Schedule 5 or any other legislation, is not influencing that person to vote in a particular way or to refrain from voting;

(c) a person may be near one polling booth while at a different polling booth.]

F6 Sch. 9 para. 26A inserted (2.5.2024) by Ballot Secrecy Act 2023 (c. 12), ss. 2(1)(b), 3(4); S.I. 2023/1145, reg. 8

27 (1) A person attending at or admitted to a polling station in any capacity at an election shall be guilty of an electoral offence if before the poll is closed he communicates to any other person any information as to— N.I.

(a) the name of any elector or proxy who has or has not applied for a ballot paper or voted at a polling station; or

(b) the number on the register of any elector who, or whose proxy, has or has not applied for a ballot paper or voted at a polling station; or

(c) the official mark.

(2) Any person attending in any capacity at the count at any election shall be guilty of an electoral offence if he—

(a) ascertains or attempts to ascertain at the count the number [F7 or other unique identifying mark] on the back of any ballot paper; or

(b) at any time communicates any information obtained at the count as to the candidate for whom any vote is given on any particular ballot paper.

(3) A person shall be guilty of an electoral offence if he—

(a) interferes with or attempts to interfere with a voter when recording his vote; or

(b) otherwise obtains or attempts to obtain in a polling station information as to the candidate for whom a voter in that station is about to vote or has voted; or

(c) communicates at any time to any person any information obtained in a polling station as to the candidate for whom a voter in that station is about to vote or has voted, or as to the number [F8 or other unique identifying mark] on the back of the ballot paper issued to a voter at that station; or

(d) directly or indirectly induces a voter to display his ballot paper after he has marked it so as to make known to any person the name of the candidate for whom he has or has not voted; F9 ...

F10 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11 (3A) A person is guilty of an electoral offence if the person—

(a) except for some purpose authorised by law, obtains or attempts to obtain information, or communicates at any time to any other person any information, as to the number or other unique identifying mark on the back of a ballot paper sent to a person for voting by post at a local election;

(b) except for some purpose authorised by law, obtains or attempts to obtain information, or communicates at any time to any other person any information, as to the official mark on a ballot paper sent to a person for voting by post at a local election;

(c) obtains or attempts to obtain information, in the circumstances mentioned in sub-paragraph (3B), as to the candidate for whom a person voting by post at a local election (“V”) is about to vote or has voted; or

(d) communicates at any time to any other person information obtained in contravention of paragraph (c).

(3B) The circumstances referred to in sub-paragraph (3A)(c) are where V is about to mark, is in the process of marking, or has just marked, a ballot paper sent to V for voting by post at the election.

(3C) But—

(a) a person (“E”) who is voting by proxy is not guilty of the offence under sub-paragraph (3A) if E obtains or attempts to obtain from the person appointed as E’s proxy information as to a matter mentioned in paragraph (a) or (c) of that sub-paragraph that relates to E’s vote, and

(b) a person who is appointed as proxy for an elector is not guilty of the offence under sub-paragraph (3A) if the person communicates to that elector information as to a matter mentioned in paragraph (a) or (c) of that sub-paragraph that relates to that elector’s vote.

(3D) Sub-paragraph (3A)(c) and (d) does not apply where the purpose (or main purpose) for which the information is sought or communicated is its use for the purposes of—

(a) a published statement relating to the way in which voters intend to vote or have voted at the election, or

(b) a published forecast as to the result of that election which is based on information given by voters.

(3E) In sub-paragraph (3D)—

(a) “forecast” includes estimate;

(b) “published” means made available to the public at large or to any section of the public, in whatever form and by whatever means;

(c) the reference to the result of the election is a reference to the result of the election either as a whole or so far as any particular candidate or candidates at the election is or are concerned.

(3F) A person voting as proxy for an elector at a local election is guilty of an electoral offence if the person—

(a) communicates at any time to any person other than that elector any information as to the candidate for whom the person is about to vote, or has voted, as proxy for that elector; or

(b) except for some purpose authorised by law, communicates at any time to any person other than that elector any information as to the number or other unique identifying mark on the back of a ballot paper sent or delivered to the person for voting as proxy for that elector.]

(4) Any person attending the proceedings in connection with the issue or receipt of ballot papers for persons voting by post shall be guilty of an electoral offence if he—

(a) communicates, before the poll is closed, to any person any information obtained at those proceedings as to the official mark; or

(b) except for some purpose authorised by law, communicates to any person at any time any information obtained at those proceedings as to the number [F12 or other unique identifying mark] on the back of the ballot paper sent to any person; or

(c) except for some purpose authorised by law, attempts to ascertain at the proceedings in connection with the receipt of ballot papers the number [F13 or other unique identifying mark] on the back of any ballot paper; or

(d) attempts to ascertain at the proceedings in connection with the receipt of the ballot papers the candidate for whom any vote is given in any particular ballot paper or communicates any information with respect thereto obtained at those proceedings.

[F14 (5) A person who has undertaken to assist a relevant voter to vote at a local election is guilty of an electoral offence if the person communicates at any time to any person except that voter any information as to—

(a) the candidate for whom the voter intends to vote or has voted, or

(b) the number or other unique identifying mark on the back of the ballot paper given for the use of the voter.

(6) In sub-paragraph (5) “relevant voter” means a voter who is blind, has another disability, or is unable to read.]

F7 Words in Sch. 9 para. 27(2)(a) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 62(2); S.I. 2008/1316, art. 2(3), 5(f)(iii)

F8 Words in Sch. 9 para. 27(3)(c) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 62(3); S.I. 2008/1316, art. 2(3), 5(f)(iii)

F9 Word in Sch. 9 para. 27(3)(d) omitted (12.12.2023) by virtue of Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 27(2)(a); S.I. 2023/1234, reg. 2(e)(iii) (with reg. 3)

F10 Sch. 9 para. 27(3)(e) omitted (12.12.2023) by virtue of Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 27(2)(b); S.I. 2023/1234, reg. 2(e)(iii) (with reg. 3)

F11 Sch. 9 para. 27(3A)-(3F) inserted (12.12.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 27(3); S.I. 2023/1234, reg. 2(e)(iii) (with reg. 3)

F12 Words in Sch. 9 para. 27(4)(b) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 62(4); S.I. 2008/1316, art. 2(3), 5(f)(iii)

F13 Words in Sch. 9 para. 27(4)(c) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 62(4); S.I. 2008/1316, art. 2(3), 5(f)(iii)

F14 Sch. 9 para. 27(5)(6) inserted (12.12.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 27(4); S.I. 2023/1234, reg. 2(e)(iii) (with reg. 3)

Prohibition on publication of exit polls N.I.

[F15 27A (1) A person who publishes before the poll at a local election is closed—

(a) any statement relating to the way in which voters have voted at the election where that statement is (or might reasonably be taken to be) based on information given by voters after they have voted, or

(b) any forecast as to the result of the election which is (or might reasonably be taken to be) based on information so given,

is guilty of an electoral offence.

(2) In this paragraph—

• forecast includes estimate;

• publish means make available to the public at large, or any section of the public, in whatever form and by whatever means;

and any reference to the result of an election is a reference to the result of the election either as a whole or so far as any particular candidate or candidates at the election is or are concerned.]

F15 SI 2001/417

[F16 28 (1) This paragraph applies to any material— N.I.

(a) which can reasonably be regarded as intended to promote or procure the election of a candidate at an election (whether or not it can be so regarded as intended to achieve any other purpose as well), and

(b) which is, or is contained in, such a document as is mentioned in sub-paragraph (4), (5) or (6).

(2) No material to which this paragraph applies may be published unless the requirements of sub-paragraph (4), (5) or (6) (as the case may be) are complied with.

(3) For the purposes of sub-paragraphs (4), (5) and (6) the following details are the “relevant details”—

(a) the name and address of the printer of the document,

(b) the name and address of the promoter of the material, and

(c) the name and address of any person on behalf of whom the material is being published (and who is not the promoter).

(4) Where the material is a document consisting (or consisting principally) of a single side of printed matter, the relevant details must appear on the face of the document.

(5) Where the material is a printed document other than one to which sub-paragraph (4) applies, the relevant details must appear either on the first or the last page of the document.

(6) Where the material is an advertisement contained in a newspaper or periodical—

(a) the name and address of the printer of the newspaper or periodical must appear on its first or last page, and

(b) the relevant details specified in sub-paragraph (3)(b) and (c) must be included in the advertisement.

(7) Where material to which this paragraph applies is published in contravention of sub-paragraph (2) then (subject to sub-paragraph (8) and paragraph 14)—

(a) the promoter of the material,

(b) any other person by whom the material is so published, and

(c) the printer of the document,

are each guilty of an electoral offence.

(8) It is a defence for a person charged with an electoral offence under this paragraph to prove—

(a) that the contravention of sub-paragraph (2) arose from circumstances beyond the person’s control, and

(b) that the person took all reasonable steps, and exercised all due diligence, to ensure that that contravention would not arise.

(9) In this paragraph—

• “print” means print by whatever means, and “printer” is to be construed accordingly;

• “the promoter”, in relation to any material to which this paragraph applies, means the person causing the material to be published;

• “publish” means make available to the public at large, or any section of the public.

(10) For the purpose of determining whether any material is material such as is mentioned in subsection (1)(a), it is immaterial that it does not expressly mention the name of any candidate.]

F16 Sch. 9 para. 28 substituted (11.8.2021) by The Local Elections (Northern Ireland) (Amendment) Order 2021 (S.I. 2021/880), arts. 1(2), 2

29 (1) Subject to paragraph 15, a person shall be guilty of an electoral offence (in this Act referred to as illegal payment) if he contravenes any of the following provisions of this paragraph. N.I.

(2) A person shall not knowingly provide money for any payment which is contrary to the provisions of this Act, or for any expenses incurred in excess of any maximum allowed by this Act, or for replacing any money expended in any such payment or expenses, except where the payment or the incurring of the expenses may have been previously allowed in pursuance of section one hundred and seven to be an exception.

(3) A person shall not corruptly induce or procure any other person to withdraw from being a candidate at any election, in consideration of any payment or promise of payment; and a person shall not so withdraw in pursuance of such an inducement or procurement.

(4) A person shall not—

(a) make any payment or contract for payment; or

(b) knowing that it is contrary to law, receive any payment or be a party to any contract for payment;

for or on account of bands of music, torches, flags or banners for the purpose of promoting or procuring the election of a candidate at any election[F17 , other than a local election,] except in so far as any such payment or contract may have been allowed in pursuance of section one hundred and seven to be an exception.

F17 SI 1987/168

30 N.I. Subject to paragraph 15, if a person is either before, during or after any election, for the purpose of promoting or procuring the election of a candidate, engaged or employed for payment or promise of payment as a canvasser, the person so engaging or employing him and the person so engaged or employed shall be guilty of an electoral offence (in this Act referred to as illegal employment ).

Para. 31 rep. by SI 2001/417

32 N.I. If any returning officer at any election, or any officer or clerk duly appointed under this Act to perform any functions in relation to any election, acts as an agent of a candidate in the conduct or management of the election, he shall be guilty of an electoral offence.

[F18 32A (1) A person to whom this paragraph applies shall be guilty of an electoral offence if, without reasonable cause, he is guilty of any act or omission in breach of his official duty. N.I.

(2) The persons to whom this paragraph applies are—

(a) the Chief Electoral Officer and any person the whom functions are delegated by him under this Act,

(b) any presiding officer or any person either appointed to assist in the conduct of the election or who so assists in the course of his employment, and

(c) any [F19 official designated by a universal service provider];

and official duty shall for the purposes of this paragraph be construed accordingly, but shall not include duties imposed otherwise than by the law relating to local elections or the registration of local electors.

[F20 (3) Where—

(a) the returning officer at a local election (“R”) is guilty of an act or omission in breach of R's official duty, but

(b) R remedies that act or omission in full by taking steps under section 57A(1),

R shall not be guilty of an electoral offence under sub-paragraph (1).

(4) Sub-paragraph (3) does not affect any conviction which takes place, or any penalty which is imposed, before the date on which the act or omission is remedied in full.]]

F18 SI 1987/168

F19 Words in Sch. 9 para. 32A(2)(c) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 39(2) (with art. 1(3))

F20 Sch. 9 para. 32A(3)(4) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 39(3) (with art. 1(3))

Para. 33 rep. by 1989 c. 3

34 N.I. [F21 Except at a local election] A person shall be guilty of an electoral offence if he—

(a) attempts or conspires to commit any of the electoral offences specified in this Part; or

(b) aids, abets, counsels or procures the commission of any of the electoral offences 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 offence.

F21 Without prejudice to any other enactment a person who does any of the acts described in sub‐paragraphs (a) or (b) shall be guilty of the electoral offence in question and shall be liable to be punished accordingly.

F21 SI 1987/168

35 N.I. Any electoral misdemeanour which is not specifically designated in the foregoing provisions of this Schedule as a corrupt practice, an illegal practice or an electoral offence shall be an electoral offence.