What penalties are envisioned for offences related to obstructing the electoral process?

PART XI (ILLEGAL PRACTICES) & XII (OTHER ELECTIONOFFENCES) of the parliamentary Elections Act of 2005.

Art68-83

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69.  Procuring prohibited persons to vote

A person who votes orinduces or procures any person to vote at an election, knowing that he or sheor that person is prohibited by law from voting at that election, commits anillegal practice.

70.  Publication of  false  statements as  to  illness, death  or  withdrawal of candidate

A person who, beforeor during an election, publishes a false statement of the illness, death orwithdrawal of a candidate at that election for the purpose of promoting orprocuring the election of another candidate knowing that statement to be falseor not knowing or believing it on reasonable grounds to be true, commits an illegalpractice.

71.  Obstruction of voters

Aperson who, at an election, or on nomination days, wilfully obstructs a voter,or an aspiring candidate either at the polling station or nomination centre oron his or her

way to or from, thepolling station, or nomination centre commits an illegal practice.

73.  False statements concerning character ofcandidates

(1) A person who, before or during an election for the purpose ofeffecting or preventing the election of a candidate, makes or publishes orcauses to be made or published by words whether written or spoken, or by songin relation to the personal character of a candidate, a statement which isfalse—

(a) which he or she knows or has reason to believe to be false; or

(b) in respect ofwhich he or she is reckless whether it is true or false, commits an offence andis liable on conviction to a fine not exceeding twelve currency points orimprisonment not exceeding six months or both.

74.  Misconduct at campaign meetings

(1) A person who, at any campaign meeting relating to an election,acts in a disorderly manner for the purpose of preventing the transaction ofthe business for  which the meeting isheld, commits an offence and is liable, on conviction to a fine

not exceeding twentyfour currency points or imprisonment not exceeding one year or both.

81.  Prohibition of certain activities on pollingday

(1) Without derogation from any other provision of this Act or anyother enactment, a person shall not, within one hundred metres of any pollingstation on any polling day—

(a) canvass for votes;

(b) utter any slogan;

(c) distribute leaflets or pamphlets for or on behalf of anycandidate;

(d) organise or engage in public singing or dancing; or

(e) use any band or any musical instrument.

(2) During the hours when a polling station is open on a pollingday, a person shall not, within two hundred metres of any polling station—

(a) seek to influence, in whatever manner, any person to vote forany candidate or to ascertain for which candidate any voter intends to vote orhas voted; or

(b) sell any intoxicating liquor.

(3) A person whocontravenes subsection (1) or (2) commits an offence and is liable, onconviction, to a fine not exceeding twenty four currency points or imprisonmentnot exceeding one year or both.

82.  Defacement of notice and posters

(1) A person who without lawful excuse, destroys, mutilates,defaces or removes any notice which is exhibited under the authority of thisAct or any document which is made available for inspection under any provisionof this Act, commits an offence and is liable on conviction to a fine notexceeding twenty four currency points or imprisonment not exceeding one year orboth.

(2) A person who maliciously defaces or removes or tears, anyelection poster of any nominated candidate, commits an offence and is liable,on conviction to a fine not exceeding twenty four currency points orimprisonment not exceeding one year or both.

(3) A court whichconvicts a person of an offence under subsection (1) shall, within fourteendays after the conviction, report the conviction in writing to the Commission.

83.  Obstruction of election officers

A person who wilfullyobstructs or interferes with an election officer in the execution of theofficer’s duty, commits an offence and is liable on conviction to a fine notexceeding seventy two currency points or imprisonment not exceeding three yearsor both.