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

Malawi

Malawi

Answer
Both fine and imprisonment
Source

Parliamentaryand Presidential Elections Act 1993, 115 & 116

OFFENCES AND PENALTY

115. A person who—

(a) in relation to registration of voters‑

(i)    obtains his registration by givingfalse information;

(ii)    gives false information to obtain his registration or the registration of another person;

obtains registration in more than one registration

(iv)   registers another person knowingthat that other person is noteligible for registration;

(v)     prevents the registration of another person knowingthat that person is eligible for registration;

(vi)   having the authority to do so, does notdelete a registration which he knows to be incorrect;

(vii) falsifies a register;

(viii)    with fraudulent intent, modifies or substitutes a voters registrationcertificate;                      .

(ix)     through violence, threat or fraudulent intent, pre­vents the registration of anotherperson;

(x)     knowingly obstructs the detection of incorrect regis­trationor the verification of voters rolls;

(b) in relation to campaigning for elections‑

(i)    holds a public meeting contrary tosection. 56 (2);

(ii)    prevents the holding, or interrupts the proceedings of a public meeting authorized undersection 56 (2);

(iii)      denies any political party equaltreatment with any other political party;

(iv)     destroys, defaces, tears or in any manner causes to be totally orpartially useless or illegible any campaign material displayed in an authorizedplace or space or superimposes thereon any,other material concealing the earlier material;

(v)                isentrusted, by virtue of his office or functions, with displaying or depositing in an authorized place or space anycampaign material, fails to display or deposit such campaign material ormisplaces, steals, removes or destroys such material;

(vi)                 contravenessection 61 (1);

(vii)       because another person attended or didnot :attend any campaign meeting, directly or indirectly, dismisses that otherperson from any employment or other gainful occu­pation or prevents orthreatens to prevent that other person fromobtaining any employment or other gainful occupa­tion or from continuingin any gainful occupation or applies or threatens to apply any sanctionwhatsoever to that other person;

in relation to voting—

(C) not being otherwise authorized to be present or not g-aregistered voter, knowingly presents himself at a polling station,

(ii)                      knowing that he is noteligible to vote, casts a vote at any polling station;

(iii)    fraudulently uses the identity of another person in order toexercise the right to vote;

(iv)    consciouslyallows that the right to vote to be exer­cised by a person who does not havethat right;

(v)                      votesmore than once;

(vi)    accompanying a blind or a disabled person to vote, fraudulently and faithlessly expresses a vote notaccording to the wish of that person;

(vii)  withina radius of one hundred metres of a polling station,reveals his vote or procures another person by force or deceit to revealthat other person's vote;

(viii) uses orthreatens violence or uses false information orother fraudulent means to coerce or induce another person to vote for oragainst a particular candidate or a candidate of a particular political partyor to abstain from voting;

(ix)    being a public officer, uses his office to coerce or induce another person to vote for or against aparticular political party or candidate or abstain from voting;

(x)   directly orindirectly, dismisses or threatens to dismiss another person from any employment orother gainful oc­cupation or prevents or threatens to prevent another person from obtaining any employment or other gainfuloccupa­tion or from continuing in any gainful occupation or applies orthreatens to apply any sanction whatsoever to another person in order to inducethat other person to vote for, or becausethat other person voted for, a particular candidate or a candidate of a particular political party orbecause that other person voted for or did not vote for a particularcandidate or a candidate of a particular political party or because that otherperson abstained from voting;

(xi)   being a presiding officer-of a polling station, fails todisplaya ballot box in accordance with the requirements of this Act;

(xii)  illicitly introduces ballotpapers in a ballot box be­fore, during or after the voting;

(xiii)      fraudulently takespossession or conceals a ballot boxwith uncounted ballot paper or removes an uncounted ballot paper from a ballotbox;

(xiv)      being a polling station officer, purposelyneglects his duty with a view to occasioning anirregularity;

(xv)                                                                     beinga polling station officer, unjustifiably refuses to receive a complaint, or a response to a complaint about the proceedings at his polling station or toexamine and seek to resolve such acomplaint;

(xvi)       disturbsthe regular functioning of a polling station;

(xvii)    refuses to leave a polling station after being asked todo so by a polling station officer;

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