The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023

Amendment of the Police and Crime Commissioner Elections Order 2012

4.—(1) The Police and Crime Commissioner Elections Order 2012 is amended as follows.

(2) After article 18 (other voting offences) insert—

“Influencing voters at polling booths

18A.— (1) A person who—

(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 article—

(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 41 of Schedule 3 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.

(4) A person who commits an offence under this article is liable on summary conviction to imprisonment for a term not exceeding 6 months, to a fine or to both.”.

(3) For article 69 (undue influence) substitute—

“Undue Influence

69.— (1) A person is guilty of a corrupt practice if the person is guilty of undue influence.

(2) A person (“P”) is guilty of undue influence if P carries out an activity falling within paragraph (4) for the purpose of—

(a) inducing or compelling a person to vote in a particular way or to refrain from voting, or

(b) otherwise impeding or preventing the free exercise of the franchise of an elector or of a proxy for an elector.

(3) A person (“P”) is also guilty of undue influence if P carries out an activity falling within any of sub-paragraphs (a) to (f) of paragraph (4) on account of—

(a) a person having voted in a particular way or refrained from voting, or

(b) P assuming a person to have voted in a particular way or to have refrained from voting.

(4) The following activities fall within this paragraph—

(a) using or threatening to use violence against a person;

(b) damaging or destroying, or threatening to damage or destroy, a person’s property;

(c) damaging or threatening to damage a person’s reputation;

(d) causing or threatening to cause financial loss to a person;

(e) causing spiritual injury to, or placing undue spiritual pressure on, a person;

(f) doing any other act designed to intimidate a person;

(g) doing any act designed to deceive a person in relation to the administration of a PCC election.

(5) For the purposes of paragraphs (2) and (3) an activity is carried out by a person (“P”) if it is carried out—

(a) by P,

(b) by P jointly with one or more other persons, or

(c) by one or more other persons on behalf of P and with P’s authority or consent.

(6) In paragraph (4)(f) and (g) “act” includes an omission (and references to the doing of an act are to be read accordingly).”.

(4) In Schedule 3 (rules for the conduct of PCC elections where poll not taken together with poll at another election)—

(a) in rule 5 (nomination of candidates)—

(i) in paragraph (1) omit from “(in English or at” to “in Welsh)”;

(ii) for paragraph (3) substitute—

“(3) If a candidate—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).”;

(b) in rule 11 (decisions as to validity of nomination papers), in paragraph (2), after sub-paragraph (b) insert—

“(c) that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.”;

(c) in rule 13 (publication of statement of persons nominated), in paragraph (3)—

(i) for “in addition to another name” substitute “in accordance with rule 5(3)”;

(ii) for “any other name” substitute “the other surname or forename”;

(d) in Part 8 (forms referred to in Parts 1 to 7 of this Schedule)—

(i) in the table list of forms, in the entry for form 6, in the left hand column, omit “(in English and in Welsh)”;

(ii) omit form 6 in Welsh (Enwebu ymgeiswyr(1));

(iii) for form 6 in English (nomination of candidates) and form 7 (consent to nomination) substitute the corresponding form set out in Schedule 3 to these Regulations.

(1)

Welsh version of Form 6 inserted by S.I. 2016/300.