What penalties are envisioned for offences related to electoral fraud?

ElectionsLaw (2009 Revision) (2009-06-16)

PART IX-Election Offences

Articles 91 – 104.

Cayman IslandsElections Office,

http://www.electionsoffice.ky/downloads/electionslaw2009.pdf as retrieved on2013-12-10.

93.Offences by election officers

 Every election officer who-(a) makes, in any record, return or other document which he is required to keepor make under this Law, any entry which he knows or has reasonable cause tobelieve to be false, or does not believe to be true;

(b) permits a person, whom he knows or has reasonable cause tobelieve not to be a person unable from physical or other disability to votewithout assistance, to vote in the manner provided by this Law for a person whois unable from physical or other disability to vote without assistance;

(c) refuses to permit a person, whom he knows or has reasonablecause to believe is unable from physical or other disability to vote withoutassistance, to vote in the manner provided by this Law for such a person;

(d) wilfully prevents any person from voting at the pollingstation at which he knows or has reasonable cause to believe such person isentitled to vote; (e) wilfully neglects or refuses to count any vote which heknows or has reasonable cause to believe is validly cast for any candidate inaccordance with this Law; or

(f) wilfully counts any vote as being cast for any candidate,which he knows or has reasonable cause to believe was not validly cast for suchcandidate,

isguilty of an offence, and on summary conviction before a magistrate, liable toa fine of five hundreddollars and to imprisonment for six months.

98. Definition of personation

Every person who at an election applies for a ballotpaper in the name of another person, whether that name be the name of a personliving or dead, or of a fictitious person, or who, having voted once at anyelection, applies at the same election for a ballot paper in his own name,shall be guilty of personation under this Law.

100. Penalty for personation

Whoever is guilty of personation, or of aiding,abetting, counselling or procuring the commission of the offence of personationis liable on summary conviction before a magistrate to a fine of two thousand dollars orto imprisonment for twelve months.

101. Incapacityto vote or to be elected following a conviction for bribery, treating, undueinfluence or personation

Whoever has been convicted of bribery, treating, undue influenceor personation, or of aiding, abetting, counselling or procuring the commissionof any of the said offences shall (in addition to any other punishment) beincapable during a period of five years from the date of conviction- (a) ofbeing registered as an elector or voting at any election or by-election; or

(b) of being elected a member of the Assembly or, if electedbefore his conviction, of retaining his seat as a member:

Providedthat in the event of any appeal the incapacity shall continue until the appealis determined and thereafter, unless the conviction is quashed, remain in forcefor a period of five years from the determination of the appeal except theCourt hearing the appeal directs that the period of five years shall run fromthe date of conviction.