What penalties are envisioned for offences related to electoral fraud?

PARLIAMENT ACT, Principal Act No. 1950-15 Commencement date 21.7.1950 with Amending enactments (up till28.6.2007).

Government of Gibraltar, Laws of Gibraltar OnlineService,

http://www.gibraltarlaws.gov.gi/articles/1950-15o.pdf as retrieved on 2013-09-10.

Voting by prohibited persons and publishing of false statements.

34. A person who–

(a) votes, or induces or procures any person to vote, at any election, knowing that he or such other person is prohibited by this Act, or by any other enactment, from voting at such election; or

(b) before or during an election knowingly publishes a false statement of the withdrawal of a candidate at such election for the purpose of promoting or procuring the election of another candidate, is guilty of an illegal practice;

Provided that a candidate is not liable, nor shall his election be avoided, for any illegal practice under this section committed by his agent other than his election agent.

Corrupt practices .

Definition of and penalty for corrupt practices.

38. (1) The expression“corrupt practice” in this Act means any of the following offences, namely, bribery, treating, undue influence, and personation as defined by this Act and aiding, abetting, counselling and procuring the offence of personation.

(2) A person who commits any corrupt practice other than personation or aiding, abetting, counselling or procuring the offence of personation is liable, on summary conviction to imprisonment for six months and to a fine of ?100.

(3) A person who commits the offence of personation or of aiding, abetting, counselling or procuring the commission of that offence is liable, on conviction, to imprisonment for two years and to a fine of ?200:

Provided that a person charged with personation shall not be summarily convicted by virtue of this section or committed for trial, except on the evidence of not less than two credible witnesses.

(4) A person who is convicted of any corrupt practice shall (in addition to any punishment as above provided) be incapable during a period of seven years from the date of his conviction–

(a) of being registered as an elector or of voting at an election; or

(b) of being elected at an election or, if elected before conviction, of retaining his seat.

False declarations. 39.A candidate or election agent who knowingly makes the declaration required by section 15 falsely is guilty of a corrupt practice.

Meaning of personation.

43. A person who at an election applies for a ballot paper in the name of another person, whether that name be the name of a person living or dead, or of a fictitious person, or who, having voted once at any election, applies at the same election for a ballot paper in his own name, is guilty of personation within the meaning of this Act.

Persons charged with corrupt practice may be convicted of illegal practice.

44.A person charged with a corrupt practice may, if the circumstances warrant such finding, be found guilty of an illegal practice (which offence shall for that purpose be an indictable offence) 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, and a person charged with illegal payment, employment or hiring maybe found guilty of that offence, notwithstanding that the act constituting the offence amountedto a corrupt or illegal practice.

Offences in respect of ballot papers and ballot boxes.

47.(1) A person who –

(a) forges or counterfeits or fraudulently defaces or destroys any nomination paper or any ballot paper or the official mark on any ballot paper;

(b) without due authority supplies a ballot paper to any person;

(c) fraudulently puts into any ballot box any paper other than the ballot paper which he is authorized by law to put in;

(d) fraudulently takes out of the polling station any ballot paper; or

(e) without due authority destroys, takes, opens, or otherwise interferes with, any ballot box or packet of ballot papers then in use for the purposes of any election, is guilty of an offence, and is liable, on conviction, if he be the returning or presiding officer, or clerk employed at a polling station, to imprisonment for one year and to a fine of ?200, and, if he is any other person, to imprisonment for six months and to a fine of ?100.

(2) Any attempt to commit any offence specified in this section shall be punishable in the manner in which the offence itself is punishable.

(3) In any information or prosecution for an offence in relation to the ballot boxes, ballot papers and other things in use at an election, the property in such ballot boxes, ballot papers or things, may be stated to be vested in the returning officer at such election.