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

ELECTIONS ACT (2008-15-12) (As of 2008-12-15)

PART 6 ELECTIONOFFENCES

Intoxicating liquor not to be sold or given on polling day

69. (1) No intoxicatingliquor shall be sold, offered for sale, or given away, at any time between theopening and closing of the poll on polling day, at any premises—

(a) that arelocated in any Electoral District in which an election is being held; and

(b) in respectof which a licence is issued under the Liquor Licences Act.

(2) Any personwho contravenes subsection (1) is liable on summary conviction to a fine of $4,000 or toimprisonment for 6 months.

Employers to allow employees time to vote

70. (1) Every employershall, on polling day, allow to every voter in his employ a reasonable periodfor voting, and no employer shall make any deduction from the pay or otherremuneration of the voter or impose upon or exact from him any penaltyby reason of his absence during that period.

 (2) Any employer who, directly or indirectly,refuses to grant, or by intimidation, undue influence or in any other way,interferes with the granting to any voter in his employ of a period for votingas provided in subsection (1) is liable on summary conviction to a fine of $20,000 or to imprisonmentfor 6 months.

Loudspeakers, ensigns, banners, etc., prohibited on polling day

72. (1) No person—

(a) shall furnish or supply anyloudspeaker, bunting, ensign, banner, standard, set of colours or otherflag, to any person with intent that it be carried, worn or used on a motorcar, truck or other vehicle, as political propaganda, on polling day; or

(b) shall, withthat intent, carry, wearor use, on a motor car, truck or other vehicle, any loudspeaker, bunting,ensign, banner, standard or set of colours, or other flag, on pollingday.

(2) No person—

(a) shall furnish or supply anyflag, ribbon, label or like favour to or for any person with intent thatit be worn or used by any person within any Electoral District on polling dayas a party badge to distinguish the wearer as the supporter of any candidate,or of the political or other opinions entertained or supposed to beentertained, by the candidate; or

(b) shall useor wear any flag, ribbon, label or other favour, as badge for a purposedescribed in paragraph (a) within any Electoral District on polling day.

(3) Nothingcontained in subsection (1) or (2) shall extend to the furnishing or supplyingof any banner bearing only the name of a candidate or only his name preceded bythe words “Vote for” or of any rosette or to the use of any banner on anyvehicle or the use of any rosette.

(4) Any personwho contravenes this section is liable on summary conviction to a fine of $40,000 or toimprisonment for 6 months.

 Penalty for certain illegalpractices at elections

80. (1) Every person who—

(a) votes, orinduces or procures any person to vote, at any election, knowing that he or theother person is prohibited by this Act, or by any law in force in Anguilla,from voting at the election;

(b) before or during an electionknowingly publishes a false statement of the withdrawal of a candidate at theelection for the purpose of promoting or procuring the election ofanother candidate; or

(c) between thedate of the publication in the Gazette by the Returning Officer of anotice in accordance with se tion 29(1) and the day after polling at theelection, whether in a general election or in a by-election, acts in adisorderly manner, with intent to prevent the transaction of the business of apublic meeting called for the purpose of promoting the election of a candidateas a member to serve in the Assembly;

is guilty of anillegal practice and is liable on summary conviction to a fine of $19,200 and shallbe disqualified from being registered as a voter or of voting at any electionduring a period of 5 years from the date of conviction.

(2) Everyperson who, between the date of the publication in the Gazette by theReturning Officer of a notice in accordance with section 29(1) and the dayafter polling at the election, whether in a general election or in aby-election, incites,combines or conspires with others to act in a disorderly manner with intent toprevent the transaction of the business of a public meeting called for thepurpose of promoting the election of a candidate as a member to serve inthe Assembly, is guilty

of an illegalpractice and is liable, on conviction on indictment, to imprisonment for 2years, and is disqualified from being registered as a voter or of voting at anyelection during a period of 5 years from the date of conviction.

Offences by election officer

) wilfully prevents anyperson from voting at the polling station at which he knows or has reasonablecause to believe the person is entitled to vote;

Offences in respect of ballot papers

82. (1) Every person who—

(a) forges orcounterfeits, or fraudulently defaces or destroys, any ballot paper;

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

 (c) fraudulently puts into any ballot box anypaper 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;

(e) without dueauthority destroys, takes, opens, or otherwise interferes with any ballot boxor packet of ballot papers in use for the purposes of any election; or

(f) not beingduly registered as a voter, votes at an election;

is liable onsummary conviction, if he is an election officer, to imprisonment for 6 months or to a fine of $19,200and, if he is any other person, to imprisonment for 3 months or to a fine of$9,600.

(2) In anyinformation or prosecution for an offence in relation to the ballot boxes,ballot papers, and other things in use at an election, the property in theballot boxes, ballot papers, or things may be stated to be in the ReturningOfficer at the election.

Imprisonment for 6 months

Fine range between $4,000- $40,000