Amendments to the 2004 Regulations9

After regulation 12 (offences as to declarations) insert—

Offences relating to applications for postal and proxy votes12A

1

A person commits an offence if he—

a

engages in an act specified in paragraph (2) at a European Parliamentary 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.

2

These are the acts—

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 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.

3

In paragraph (1)(b) property includes any description of property.

4

In paragraph (2) a reference to a postal vote or a postal ballot paper includes a reference to a proxy postal vote or proxy postal ballot paper (as the case may be).

5

A person who commits an offence under paragraph (1) or who aids, abets, counsels or procures the commission of such an offence is guilty of a corrupt practice.