PART IX

CORRUPT AND ILLEGAL PRACTICES

 

Corrupt Practices

 

                95.                Personation  -  (1)  Every person is guilty of a corrupt practice who commits, or aids or abets, counsels, or procures the commission of the offence of personation.   (2)  Every person commits the offence of personation who:

 

(a)                 Votes as some other person, whether that other person is living or dead or is a fictitious person; or

 

(b)                 Having voted at any election, votes again at the same election; or

 

(c)                 Having voted at an election in any constituency or as an individual voter at a general election, votes again in another constituency or as an individual voter at the same general election.

 

(3)           For the purpose of this section a person shall be deemed to have voted if he has applied for a ballot paper for himself, or has marked a ballot paper for himself, whether validly or not.   (4)   It shall be the duty of the Chief Electoral Officer to institute a prosecution against any person whom he believed to have committed the offence of personation, or to have aided, abetted, counselled, or procured the commission of, that offence by any person, at the election for which he is Chief Electoral Officer.

 

                96.                Bribery  -  (1)  In this section the terms “elector” and “voter” include any person who has or claims to have a right to vote.   (2)   Every person is guilty of a corrupt practice who commits the offence of bribery.   (3)   Every person commits the offence of bribery who, directly or indirectly by himself or by any other person on his behalf.

 

(a)                 Gives any money or procures any office to or for any elector or voter, or to or for any other person on behalf of any elector or voter, or to or for any other person, in order to induce any elector or voter to vote or refrain from voting; or

 

(b)                 Corruptly does any such act as aforesaid on account of any elector or voter having voted or refrained from voting; or

 

(c)                 Makes an such gift or procurement as aforesaid to or for any person in order to induce that person to procure, or endeavour to procure, the return of any person at an election or the vote of any elector or voter;

 

Or who, upon or in consequence of any such gift or procurement as aforesaid, procures, or engages, promises, or endeavours to procure, the return of any person at any election or the vote of any elector or voter.

 

                (4)           For the purposes of this section.

 

(a)                 References to giving money shall include references to giving, lending, agreeing to give or lend, offering, promising, or promising to procure or endeavour to procure, any money or valuable consideration;

(b)                 References to procuring any office shall include references to giving, procuring, agreeing to give or procure or to endeavour to procure, any office, place, or employment.

 

(5)           Every person commits the offence of bribery who:

 

(a)                 Advances or pays or causes to be paid any money to or to the use of any other person with the intent that that money or any part thereof shall be expended in bribery at any election; or

 

(b)                 Knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election.

 

(6)           The foregoing provisions of this section shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses incurred in good faith at or concerning an election.    (7)  An elector or voter commits the offence of bribery if before or during an election he directly or indirectly, by himself or by any other person on his behalf, receives, or agrees or contracts for, any money, gift, loan, or valuable consideration, office, place, or employment for himself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting.  (8)   Every person commits the offence of bribery if after an election he directly or indirectly, by himself or by any other person on his behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting.

 

                97.                Treating  -  (1)   Every person is guilty of a corrupt practice who commits the offence of treating.   (2)  Every person commits the offence of treating who corruptly by himself or by any other person on his behalf, either before, during, or after an election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing any food, drink, entertainment, or provision to or for any person:

 

(a)                 For the purpose of corruptly influencing that person or any other person to vote or refrain from voting; or

 

(b)                 For the purpose of corruptly procuring himself to be elected; or

 

(c)                 On account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting.

 

(3)           Every elector and voter who corruptly accepts or takes any such food, drink, entertainment, or provision also commits the offence of treating.

 

                98.          Undue influence  -  (1)  Every person is guilty of a corrupt practice who commits the offence of undue influence.   (2)   Every person commits the offence of undue influence who:

 

(a)                 Directly or indirectly, by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence or restraint, or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm, or loss upon or against any person, in order to induce or compel that person to vote for or against a particular candidate or to vote or refrain from voting, or on account of that person having voted for or against a particular candidate or having voted or refrained from voting; or

 

(b)                 By abduction, duress, or any fraudulent device or contrivance, impedes or prevents the free exercise of the franchise of an elector or voter, or thereby compels, induces, or prevails upon an elector or voter either to vote or to refrain from voting.

 

(c)                 By himself or any other person on his behalf withholds a Certificate of Identity belonging to another elector or voter and in doing so induces that elector or voter to vote for a particular candidate, or prevents that elector or voter from voting for a particular candidate or from voting in that election.

 

99.                Procurement of voting by unqualified electors or voters  -  Every person is guilty of an illegal practice who induces or procures to vote at any election any person whom he knows at the time to be disqualified or prohibited, whether under this Act or otherwise, from voting at that election.

 

                99A.       Illegal activities during period of election  -  (1)  In this section “period of election” means the period during any election or by-election, commencing on the day after the Chief Electoral Officer gives public notice of polling day and ending at the close of the Poll on polling day.   (2)  Every candidate who, during a period of election except at a funeral, directly or indirectly, by himself or by any other person on his behalf renders or makes presentation of any food, beverage, money or other valuable to an elector of his constituency or to an individual voter at a ceremony or activity is guilty of an illegal practice. (3)  Every elector or voter who, during a period of election except at a funeral, obtains or attempts to obtain, directly or indirectly by himself or by any other person on his behalf, any food, beverage, money or other valuable from a candidate for election, is guilty of an illegal practice.

 

GENERAL PROVISIONS

 

                100.                Cinematograph films  -  (1)  For the purposes of this section the expression “cinematograph film” or “film” includes any screen advertisement of any description.  (2)  For the purposes of this Act, the exhibition of any cinematograph film except on polling day shall not be deemed to constitute bribery or treating or an illegal practice, and any payment of contract for payment in respect of any such exhibition shall not be deemed to constitute an illegal practice notwithstanding that the film may be wholly or mainly an advertisement.

 

                101.                Punishment for corrupt or illegal practice  -  Every person who is guilty of any corrupt practice or any illegal practice shall be liable on conviction:

 

(a)                 In the case of a corrupt practice, to imprisonment for a term not exceeding one year or to a fine not exceeding $400 or to both;

 

(b)                 In the case of an illegal practice, to a fine not exceeding $200.

 

102.                Persons charged with corrupt practice may be found guilty of illegal practice -   Any person charged with a corrupt practice may, if the circumstances warrant that finding, be found guilty of an illegal practice; and any person charged with an illegal practice may be found guilty of that offence notwithstanding that the act constituting the offence amounted to a corrupt practice.

 

                103.        Time limit for prosecution  -  A prosecution against any person for a corrupt practice or an illegal practice shall be commenced within 6 months after the offence was committed.

 

PROVIDED THAT, where the person charged has been reported by the Supreme Court in its report on the trial of an election petition to have been proved guilty of the offence a prosecution shall be commenced within 6 months after the offence was committed to within 3 months after the date of the report, whichever period is the later to expire.