38. Is there a ban on vote buying?

"216 Bribery

(1)  Every person is guilty of a corrupt practice who commits the offence of bribery.

(2)  Every person commits the offence of bribery who, directly or indirectly, by himself or herself or by any other person on his or her behalf—

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 per- son or candidates at any election or the vote of any voter. 

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

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

(c)  makes any such gift or procurement as aforesaid to or for any person in order to induce that person to procure, or endeavour to procure, the re- turn of any person or candidates at an election or the vote of any 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 per- son or candidates at any election or the vote of any voter. 

(3)  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, pro- curing, agreeing to give or procure, offering, promising, or promising to procure or to endeavour to procure, any office, place, or employment.

(4)  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 dis- charge or repayment of any money wholly or in part expended in bribery at any election.

(5)  The foregoing provisions of this section shall not extend or be construed to ex- tend to any money paid or agreed to be paid for or on account of any legal ex- penses incurred in good faith at or concerning an election.

(6)  A voter commits the offence of bribery if before or during an election he or she directly or indirectly, by himself or herself or by any other person on his or her behalf, receives, or agrees or contracts for, any money, gift, loan, or valuable consideration, office, place, or employment for himself or herself or for any other person for voting or agreeing to vote or for refraining or agreeing to re- frain from voting. 

(7)  Every person commits the offence of bribery if after an election he or she di- rectly or indirectly, by himself or herself or by any other person on his or her 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.

(8)  In this section the term voter includes any person who has or claims to have a right to vote.

Compare: 1956 No 107 s 141

217 Treating

(1)  Every person is guilty of a corrupt practice who commits the offence of treat- ing.

(2)  Every person commits the offence of treating who corruptly, by himself or her- self or by any other person on his or her 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 procuring himself or herself 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 person commits the offence of treating who, being the holder of a licence for the sale by retail of alcohol (within the meaning of section 5(1) of the Sale and Supply of Alcohol Act 2012), knowingly supplies any food, drink, entertainment, or provision—

(a)  to any person where the supply thereof is demanded for the purpose of treating, or for any corrupt or illegal practice; or

(b)  to any persons, whether electors or not, for the purpose of procuring the return of a candidate or candidates at an election, and without receiving payment for it at the time when it is supplied.

(4)  Every elector who corruptly accepts or takes any such food, drink, entertain- ment, or provision also commits the offence of treating.

(5)  Notwithstanding anything in this section, the provision of a light supper after

any election meeting shall be deemed not to constitute the offence of treating."

Sections 216-217, Electoral Act of 1993.  

The offences of bribery and treating provide such a ban.