Part 1Local government elections
Offences relating to voting
14Undue influence
1
Section 115 of the 1983 Act (offence of undue influence), so far as it applies to a local government election in Scotland, is amended as follows.
2
In subsection (2)(b)—
a
after “prevents” insert “
, or intends to impede or prevent,
”
, and
b
after “prevails upon” insert “
, or intends so to compel, induce or prevail upon,
”
.
15Offences relating to applications for postal and proxy votes
Before section 63 of the 1983 Act (breach of official duty) insert—
62BScottish local government elections: offences relating to applications for postal and proxy votes
1
This section applies in relation to a local government election in Scotland.
2
A person commits an offence if he—
a
engages in any of the acts specified in subsection (3) below at the election; and
b
intends, by doing so, to deprive another of an opportunity to vote or to make for himself or another a gain of a vote to which he or the other is not otherwise entitled or a gain of money or property.
3
The acts referred to in subsection (2)(a) above are—
a
applying for a postal or proxy vote as some other person (whether that other person is living or dead or is a fictitious person);
b
otherwise making a false statement in, or in connection with, an application for a postal or proxy vote;
c
inducing the registration officer or returning officer to send a postal ballot paper or any communication relating to a postal or proxy vote to an address which has not been agreed to by the person entitled to the vote;
d
causing a communication relating to a postal or proxy vote or containing a postal ballot paper not to be delivered to the intended recipient.
4
In subsection (2)(b) above, property includes any description of property.
5
In subsection (3) above a reference to a postal vote or a postal ballot paper includes a reference to a proxy postal vote or a proxy postal ballot paper (as the case may be).
6
A person who commits an offence under subsection (2) above or who aids, abets, counsels or procures the commission of such an offence is guilty of a corrupt practice.