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(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 section—
(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 39 of Schedule 1 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 section is liable on summary conviction—
(a)in England and Wales, to imprisonment for a term not exceeding 6 months, to a fine or to both;
(b)in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both.
(5)This section does not have effect in relation to an election in Scotland or Wales under the local government Act.]
Textual Amendments
F1S. 62C inserted (2.5.2024) by Ballot Secrecy Act 2023 (c. 12), ss. 1, 3(4); S.I. 2023/1145, reg. 8
Modifications etc. (not altering text)
C1S. 62C applied (with modifications) (2.5.2024) by S.I. 2012/323, Sch. 4 Table 1 (as amended by The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023 (S.I. 2023/1141), regs. 1(3), 5(a))
C2S. 62C applied (with modifications) (2.5.2024) by S.I. 2012/444, Sch. 4 Table 1 (as amended by The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023 (S.I. 2023/1141), regs. 1(3), 6(a))
C3S. 62C applied (with modifications) (2.5.2024) by S.I. 2012/2031, Sch. 4 Pt. 1 Table 1 (as amended by The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023 (S.I. 2023/1141), regs. 1(3), 7(2)(a))
C4S. 62C applied (with modifications) (2.5.2024) by S.I. 2012/2031, Sch. 8 Table 1 (as amended by The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023 (S.I. 2023/1141), regs. 1(3), 7(3)(a))
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