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

PARlIAMENTARY ELECTIONS ACT (1992-03-16)

PART I Preliminary

2. In this Act, unless the context otherwiserequires--

'corruptpractice' means any offence against theprovisions of section 98;

98....

(2)Any person who with intentto influence persons to support or not support the election of members of apolitical party or to give or refrain from giving their votes at an election,uses or aids, abets, counsels or procures the use of, any television o r otherwireless transmitting station outside The Bahamas for the transmissionof any matter having reference to an election otherwise than in pursuance ofarrangements made with the Broadcasting Corporation of The Bahamas for it to bereceived and re-transmitted by that Corporation shall be guilty of an offenceagainst this Act.

(3)The court before whom a person is convicted of an offence under subsection (2)may, if they think it just in the special circumstances of the case, mitigateor entirely remit any incapacity imposed by virtue of section 104 (2).

(4)Where any act or omission of an association or body of persons, corporate orunincorporated, constitutes an offence under sub-section (2), any person who atthe time of the act or omission was a director, general manager, secretary orother similar officer of the association or body, or was purporting to act inany such capacity, shall be deemed to be guilty of the offence unless heproves-

(a)that the act or omission took place without his consent or connivance; and

(b)that he exercised all such diligence to prevent the commission of the offenceas he ought to have exercised having regard to the nature of his functions inthat capacity and to all the unincorporated.

 97. (1) Every person who shall corruptly by himself, or by orwith any person or by any other way or means on his behalf at any time, eitherfrom the date of the issue of the writ of election under Part V, during orafter any election , directly or indirectly, give or provide, or cause to begiven or provided, or shall be accessory to the giving or providing, or shallpay, wholly or in part, any expenses incurred for any meat, drink,entertainment or provision to or for any person, in order to be elected, or forbeing elected, or for the purpose of corruptly influencing such person,or any other person to give or refrain from giving his vote at such election,or on account of such person having-voted or refrained from voting at suchelection, shall be guilty of an offence against this Act.

(2)Every person who has orclaims to have a right to vote at an election, who corruptly accepts ortakes any such meat, drink, entertainment or provision shall also be guilty ofan offence against this Act.

96.The following persons shall be guilty of an offence against this Act-

(a)every person who shall, directly or indirectly, by himself or by any otherperson on his behalf,give, lend, or agree to give or lend, or shall offer, promise or promise toprocure, or to endeavor to procure, any money or valuable considerationto or for any voter, or to or for any person on behalf of any voter, or to orfor any person in order to induce any voter to vote or refrain from voting, orshall do any such act as aforesaid on account of any such voter having voted orrefrained from voting at any election;

(b)every person who shall directly or indirectly by himself or any other person onhis behalf give or procure,or agree to give or procure, or offer, endeavor promise to procure, or toendeavor to procure, any office, place or employment to or for any voter,or to or for any person on behalf of any voter, or to or for any other personin order to induce such voter to vote, or refrain from voting or shall do anysuch act as aforesaid on account of such voter having voted or refrained fromvoting at any election;

(c)every person who shall directly or indirectly by himself or by any other personon his behalf make any such gift, loan, offer, promise, procurement, oragreement as aforesaid, to or for any person in order to induce such person toprocure or endeavor to procure the return of any person to serve in the Houseof Assembly, or the vote of any voter at any election of a Member of Parliamenttherefor.

(d)every person who shall, upon or in consequence of any such gift, loan, offer, promise, procurement oragreement, procure, or engage, or promise or endeavor to procure the return ofany person to serve in the House of Assembly or the vote of any voter atany election of a Member of Parliament therefor;

(e)every person who shallendeavor or pay, or cause to be advanced or paid, any money to or to the use ofany other person with the intent that such money, or any part thereof,shall be expended in bribery at any election, or who shall knowingly pay orcause to be paid any money to any person in discharge or repayment of any moneywholly or endeavor expend in bribery at any election;

(f)every voter who shall before or during any election directly or indirectly byhimself, or by any other person on his behalf, receive, agree or contract for any money, gift, loan, orvaluable consideration, office, place, or employment, for himself or forany other person, for voting or agreeing to vote, or for refraining or agreeingto refrain from voting at any election;

(g)every person who shall, after any election, directly or indirectly, by himselfor by any other person on his behalf receive any money or valuable consideration on account of anyperson having voted or refrained from voting, or having induced anyother person to vote or refrain from voting, at any election;

(h)every voter who shall solicitfrom a candidate or from any other person purporting to be acting on behalf ofa candidate any money, gift, loan or valuable consideration, office,place or employment, for himself or for any other person in consideration ofhis voting or agreeing to vote or of his refraining or agreeing to refrain fromvoting at an election.

(2)In this section the expression 'voter' shall include any person whohas or claims to have a right to vote at an election.

(3)Paragraphs (a) to (d) inclusive and paragraphs (f) to (h) inclusive ofsubsection (1), and subsection (2), shall apply only to all or any such actsdone or performed as aforesaid from the date of the issue of the writ ofelection under Part V, or during or months after any election.