Part 1

Administration and conduct of elections

Undue influence

Undue influence
8
1
After section 114 of RPA 1983 insert—

Undue influence
114A
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 subsection (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 paragraphs (a) to (f) of subsection (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 subsection—
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 an election.
5
For the purposes of subsections (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 subsection (4)(f) and (g) “act” includes an omission (and references to the doing of an act are to be read accordingly).
7
This section does not have effect in relation to an election in Scotland or Wales under the local government Act.
2
In section 115 of RPA 1983 (undue influence)—
a
in subsection (1), after “influence” insert “in relation to an election in Scotland or Wales under the local government Act”;
b
in subsection (2), after “influence” insert “in relation to an election in Scotland or Wales under the local government Act”;
c
in the heading, after “influence” insert “: local government elections in Scotland and Wales”.
3
Schedule 5 contains further provision relating to this section.
S. 8 not in force at Royal Assent, see s. 67(1)
S. 8 in force at 1.11.2023 by S.I. 2023/1145, reg. 3(a)