What penalties are envisioned for offences related to incentive driven voter coercion?

Bribery

73. (1) The following persons are guilty of bribery within the meaning ofthis Act—

(a) everyperson who, directly or indirectly, by himself or by any other person on hisbehalf, gives, lends, or agrees to give or lend, or offers, promises, orpromises to procure or to endeavour to procure any money or valuableconsideration to or for any voter, or to or for any person on behalf of anyvoter, or to or for any other person in order to induce any voter to vote orrefrain from voting, or corruptly does any of those acts on account of anyvoter having voted or refrained from voting at any election;

(b) everyperson who, directly or indirectly, by himself or by any other person on hisbehalf, gives or procures, or agrees to give or to procure, or offers,promises, or promises to procure or to endeavour to procure, any office, placeor employment to or for any voter, or to or for any person on behalf of anyvoter, or to or for any other person in order to induce the voter to vote orrefrain from voting, or corruptly does any of those acts on account of anyvoter having voted or refrained from voting at any election;

(c) everyperson who, directly or indirectly, by himself or by any other person on hisbehalf, makes any gift, loan, offer, promise, procurement or agreement asaforesaid to or for any person, in order to induce such person to procure, orendeavour to procure, the return of any person as an elected member of theAssembly, or the vote of any voter at any election;

(d) everyperson who, upon or in consequence of any such gift, loan, offer, promise,procurement or agreement, procures or engages, promises or endeavours toprocure the return of any person as an elected member of the Assembly or thevote of any

voter at anyelection;

(e) everyperson who advances or pays or causes to be paid, any money to or to the use ofany other person with the intent that that money, or any part of it, shall beexpended in bribery at any election, or who knowingly pays or causes to be paidany money to any person in discharge or repayment of any money wholly or inpart expended in bribery at the election;

(f) every voterwho, before or during any election, directly or indirectly, by himself or byany other person on his behalf, receives, agrees, or contracts for any money,gift, loan  or valuable consideration,office, place, or employment for himself or for any other person, for voting oragreeing to vote, or for refraining or agreeing to refrain from voting at anyelection;

(g) everyperson who, after any election, directly or indirectly, by himself or by anyother person on his behalf, receives any money or valuable consideration onaccount of any person having voted or refrained from voting, or having inducedany other person to vote or refrain from voting at the election.

(2) Subsection(1) does not extend to any money paid or agreed to be paid for or on account ofany legal expenses incurred in good faith at or concerning an election.

(3) Insubsection (2), “legal expenses” include—

(a) the paymentof the agents, clerks, canvassers and messengers of candidates;

(b) paymentsmade for the purpose of hiring vehicles for the conveyance of voters to or froma polling station;

(c) paymentsmade for the use of any premises for a public meeting in furtherance of thecandidature of any person or for the use of any committee room or office forthe purpose of promoting or procuring the election of a candidate; and

(d) paymentsmade in respect of postage, stationery, printing, advertising, the distributionof advertising material and the use of any public address system.

Penalty for bribery, treating or undue influence

77. Every person who is guilty of bribery, treating or undue influence underthis Act is liable on summary conviction to imprisonment for 6 months or to a fine of $19,200.

Disqualification for bribery, etc.

79. Every person who is convicted of bribery, treating, undue influence orpersonation, or of aiding, counselling or procuring the commission of theoffence of personation shall, in addition to any other punishment, bedisqualified during a period of 7 years from the date of conviction from being—

(a) registeredas a voter or of voting at any election; and

(b) elected orappointed a member of the Assembly or, if elected or appointed before his conviction,of retaining his seat as such a member.

Treating

74. The following persons are guilty of treating within the meaning of thisAct—

(a) everyperson who corruptly, by himself or by any other person, before, during orafter an election, directly or indirectly, gives, or provides or pays, whollyor in part, the expenses of giving or providing any food, drink, entertainmentor provision to or for any person for the purpose of corruptly influencing thatperson, or any other person, to vote or to refrain from voting at the election,or on account of such person or any other person having voted or refrained fromvoting at the election;

(b) every voterwho corruptly accepts or takes any food, drink, entertainment or provisionreferred to in paragraph (a).

Penalty for bribery, treating or undue influence

77. Every person who isguilty of bribery, treating or undue influence under this Act is liable onsummary conviction to imprisonmentfor 6 months or to a fine of $19,200.

Imprisonment for 6 months

Fine of $19,200