{"id":13232,"date":"2022-08-28T15:06:14","date_gmt":"2022-08-28T15:06:14","guid":{"rendered":"http:\/\/legalblog.ie\/?p=13232"},"modified":"2024-03-28T20:01:24","modified_gmt":"2024-03-28T20:01:24","slug":"election-offences","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/election-offences\/","title":{"rendered":"Election Offences"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/election-offences\/#Personation_Validity_of_Ballot\" title=\"Personation &amp; Validity of Ballot\">Personation &amp; Validity of Ballot<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/election-offences\/#Bribery_Force\" title=\"Bribery &amp; Force\">Bribery &amp; Force<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/election-offences\/#Secret_Ballot\" title=\"Secret Ballot\">Secret Ballot<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/election-offences\/#Interference_with_Voting_Process\" title=\"Interference with Voting Process\">Interference with Voting Process<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/election-offences\/#Nomination_Offences\" title=\"Nomination Offences\">Nomination Offences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/election-offences\/#Polling_Station_Offences\" title=\"Polling Station Offences\">Polling Station Offences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/election-offences\/#Personation_Agent_Offences\" title=\"Personation Agent Offences\">Personation Agent Offences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/election-offences\/#Registration_Offences\" title=\"Registration Offences\">Registration Offences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/election-offences\/#Election_Literetature\" title=\"Election Literetature\">Election Literetature<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/election-offences\/#Penalties\" title=\"Penalties\">Penalties<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/election-offences\/#Expenditure_Returns\" title=\"Expenditure &amp; Returns\">Expenditure &amp; Returns<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#ELECTORAL_ACT_1992_as_enacted\" title=\"ELECTORAL ACT 1992 (as enacted)\">ELECTORAL ACT 1992 (as enacted)<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Electoral_Offences\" title=\"Electoral Offences\">Electoral Offences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Offences_in_relation_to_registration_of_electors\" title=\"Offences in relation to registration of electors.\">Offences in relation to registration of electors.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Personation\" title=\"Personation.\">Personation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Bribery\" title=\"Bribery.\">Bribery.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Undue_influence\" title=\"Undue influence.\">Undue influence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Breach_of_secrecy\" title=\"Breach of secrecy.\">Breach of secrecy.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Offences_relating_to_ballot_boxes_ballot_papers_nomination_papers_certificates_of_political_affiliation_official_marks_etc\" title=\"Offences relating to ballot boxes, ballot papers, nomination papers, certificates of political affiliation, official marks etc.\">Offences relating to ballot boxes, ballot papers, nomination papers, certificates of political affiliation, official marks etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Disorderly_conduct_at_election_meeting\" title=\"Disorderly conduct at election meeting.\">Disorderly conduct at election meeting.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Omission_of_name_and_address_of_printer_and_publisher_from_Dail_election_documents\" title=\"Omission of name and address of printer and publisher from D\u00e1il election documents.\">Omission of name and address of printer and publisher from D\u00e1il election documents.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Nominating_or_withdrawing_a_candidate_without_consent\" title=\"Nominating or withdrawing a candidate without consent.\">Nominating or withdrawing a candidate without consent.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Forged_certificate_of_political_affiliation\" title=\"Forged certificate of political affiliation.\">Forged certificate of political affiliation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#False_declaration_on_nomination_paper\" title=\"False declaration on nomination paper.\">False declaration on nomination paper.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Officer_acting_as_agent_of_candidate_or_furthering_a_candidature\" title=\"Officer acting as agent of candidate or furthering a candidature.\">Officer acting as agent of candidate or furthering a candidature.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Obstruction_of_nomination_or_poll\" title=\"Obstruction of nomination or poll.\">Obstruction of nomination or poll.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Interference_with_or_destruction_of_postal_ballot_papers\" title=\"Interference with or destruction of postal ballot papers.\">Interference with or destruction of postal ballot papers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Obstruction_of_or_interference_with_electors\" title=\"Obstruction of or interference with electors.\">Obstruction of or interference with electors.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Personation_agent_leaving_polling_station_without_permission\" title=\"Personation agent leaving polling station without permission.\">Personation agent leaving polling station without permission.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Prohibition_on_voting_by_person_registered_as_elector_when_not_entitled_to_be_so_registered\" title=\"Prohibition on voting by person registered as elector when not entitled to be so registered.\">Prohibition on voting by person registered as elector when not entitled to be so registered.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Unlawful_marking_of_ballot_papers_by_persons_acting_as_companions\" title=\"Unlawful marking of ballot papers by persons acting as companions.\">Unlawful marking of ballot papers by persons acting as companions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#False_statement_of_withdrawal_or_death_of_a_candidate\" title=\"False statement of withdrawal or death of a candidate.\">False statement of withdrawal or death of a candidate.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Misleading_statement_as_to_process_of_voting\" title=\"Misleading statement as to process of voting.\">Misleading statement as to process of voting.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Handling_of_ballot_papers_by_candidates_or_agents\" title=\"Handling of ballot papers by candidates or agents.\">Handling of ballot papers by candidates or agents.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Unauthorised_inspection_of_documents\" title=\"Unauthorised inspection of documents.\">Unauthorised inspection of documents.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Corrupt_withdrawal_of_petition\" title=\"Corrupt withdrawal of petition.\">Corrupt withdrawal of petition.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Limitation_of_time_for_prosecution_of_offence\" title=\"Limitation of time for prosecution of offence.\">Limitation of time for prosecution of offence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Penalties-2\" title=\"Penalties.\">Penalties.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Compensation_where_certain_charge_is_unjustly_made_or_not_prosecuted\" title=\"Compensation where certain charge is unjustly made or not prosecuted.\">Compensation where certain charge is unjustly made or not prosecuted.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Damages_for_breach_of_duty_by_officers_etc\" title=\"Damages for breach of duty by officers etc.\">Damages for breach of duty by officers etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/election-offences\/2\/#Certificate_of_returning_officer_to_be_prima_facie_evidence\" title=\"Certificate of returning officer to be prima facie evidence.\">Certificate of returning officer to be prima facie evidence.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Personation_Validity_of_Ballot\"><\/span>Personation &amp; Validity of Ballot<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is personation, where a person applies for a ballot paper in the name of another or where the person applies for a ballot paper in his own name, having already obtained a ballot paper for that election. The offence is committed once the application for the ballot paper is made.<\/p>\n<p>Voting is not necessary. It is an offence to aid, abet or counsel personation.<\/p>\n<p>It is an offence to vote while not registered in the register or when registered but not entitled to a vote.<\/p>\n<p>It is an offence to unlawfully supply a ballot paper to any person. It is an offence to fraudulently put in a ballot box any paper other than the ballot paper, which is one authorised to be put in it.<\/p>\n<p>It is an offence to take a ballot paper out of a station unlawfully. It is an offence to unlawfully mark a ballot paper while acting or purporting to act as a companion to an illiterate, blind or incapacitated voter. It is an offence to forge or fraudulently deface any official envelope or declaration of identity or form residues in connection with special voting or postal voting.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Bribery_Force\"><\/span>Bribery &amp; Force<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an offence to procure voting in return for payment or any other consideration. It is an offence to withdraw from an election for consideration of value. It is an offence to induce a person so to do. Both the person who offers the bribe and the person withdrawing commit the offence.<\/p>\n<p>It is an offence to use force, violence, restraint, or to threaten to or to use duress or fraud to compel an individual to vote or prevent his free vote or refrain from voting or to withdraw or refuse as a candidate or impede another person from being a candidate.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Secret_Ballot\"><\/span>Secret Ballot<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>They are a range of offences designed to protect the security of the ballot. It is an offence to attend at the opening or issue of the ballots or the counting of ballots to ascertain the number on the back of a ballot.<\/p>\n<p>It is an offence to attend at a station to unlawfully communicate to another person any information obtained at the said issue or the said voting as to the official mark, or attempts to ascertain at the said issue or the said voting or the said opening the number on the back of any ballot paper or the candidate for whom any vote is given in any ballot paper, or communicates to any other person any information with respect thereto obtained.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Interference_with_Voting_Process\"><\/span>Interference with Voting Process<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an offence to interfere or attempt to interfere with a voter while marking his ballot paper. It is an offence attempt to obtain or to obtain information as to how a voter has voted. It is an offence to communicate to any other person any information obtained at a polling station as to who a voter has voted for. It is an offence to directly or indirectly induce any voter to display his ballot paper after he has voted or otherwise make known how he has voted.<\/p>\n<p>It is an offence to obstruct or interfere with the polling. It is an offence to unlawfully take, destroy, conceal, open or interfere with a ballot box or ballot papers or documents intended for use in an election. It is an offence to maliciously destroy, tear or deface a ballot paper. It is an offence to forge or counterfeit a ballot paper or the official mark on a ballot paper.<\/p>\n<p>It is an offence to interfere with the official mark, to unlawfully remove, destroy the official mark or \u00a0have in one&#8217;s possession any imitation or counterfeit of such instrument. It is an offence for a person attending at the issue of postal ballot papers or attending at a polling station to communicate information about an official mark to any other person before the close of the poll.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Nomination_Offences\"><\/span>Nomination Offences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an offence to forge or fraudulently deface any nomination papers or certificate of political affiliation or other authorisation. It is an offence to produce to the returning officer a forged nomination paper. It is an offence to produce a certificate of party affiliation to a returning officer, which one knows to be false.<\/p>\n<p>It is an offence to nominate or withdraw a person&#8217;s candidature without consent. It is an offence to knowingly publish a false statement that a candidate has withdrawn or died. It is an offence to violently obstruct the nomination of a candidate. It is an offence to make a false declaration, whether as a candidate or proposer, that one believes a candidate to be eligible without reasonable grounds to so believing and where he is not so eligible.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Polling_Station_Offences\"><\/span>Polling Station Offences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an offence to obstruct or impede an elector going to or from the vicinity of the polling station. It is an offence on polling day during the period, 30 minutes before the polling and 30 minutes afterwards, within the curtilage of 100 metres of a polling station to loiter, congregate with other persons, to canvas in any way, a person to vote or refrain from voting, to display or distribute any notice or sign or poster or card relating to the election except returning officer&#8217;s posters or to use or cause to be used any loudspeaker or other public address mechanism within 100 metres.<\/p>\n<p>It is an offence for any person involved in the poll, such as returning officers, returning officers, deputies or persons employed by or acting for any candidate or promoting the interests of any political party.<\/p>\n<p>A presiding officer can call upon a Garda S\u00edoch\u00e1na to remove a person who in misbehaving at a polling station or failing to comply with the orders of the presiding officer. Where a presiding officer has reasonable cause to believe a person is applying for a ballot and is committing an offence, he may direct the members of an Garda S\u00edoch\u00e1na to arrest him before leaving the polling station.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Personation_Agent_Offences\"><\/span>Personation Agent Offences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an offence for a personation agent to leave a polling station without permission of the presiding officer without first leaving all registers, books, and documents with the latter. It is an offence for a candidate or his agent to handle a ballot paper during the counting of votes.<\/p>\n<p>Where a personation agent for one of the candidates undertakes in writing that the elector has committed personation, the presiding officer can request an arrest in the same manner. A Garda who has reasonable cause that the person is committing or has committed personation, may arrest the person.<\/p>\n<p>Where a personation agent fails to support an accusation in court or the court in question finds the charge was made by the personation agent without reasonable and just cause, the court may order the agent to pay damages up to \u20ac625. However, if he opts for this, he may not take a civil claim in respect of the same.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Registration_Offences\"><\/span>Registration Offences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are offences in connection with an application for registration. It is an offence to knowingly give false information in a claim for correction of an entry in the register of electors.<\/p>\n<p>It is an offence to make a statement in the name of another person in connection with electoral registration. It is an offence to destroy or damage a register, copy of a register, election list or other documents made available for inspection in connection with the preparation of the register.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Election_Literetature\"><\/span>Election Literetature<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an offence to print, publish or cause to be so printed or published any election literature which does not bear upon its face the name and address of the printer. Printing includes any reproduction of a copy.<\/p>\n<p>It is an offence for a newspaper or similar publisher to publish an advertisement purporting to promote a party or candidate without the requisite certificate from the Public Offices Commission or local authority.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Penalties\"><\/span>Penalties<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Electoral offences are generally subject to a fine of up to \u20ac1270 or imprisonment of up to six months or both. In the case of more serious offences, they may be subject to a fine on conviction on indictment up to \u20ac3,165 or imprisonment up to two years or both. Other minor offences are subject to a fine of up to \u20ac625 or three months imprisonment or both.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Expenditure_Returns\"><\/span>Expenditure &amp; Returns<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are offences in relation to electoral expenditure control. It is an offence for a national agent, candidate\u2019s agent or candidate for elections<\/p>\n<ul>\n<li>to incur election expenses above the requisite limit.<\/li>\n<li>to pay expenses not claimed within 45 days of the poll.<\/li>\n<li>to fail to make the required return of election expenses.<\/li>\n<\/ul>\n<p>The breach is an offence subject to a summary conviction of a fine of up to \u20ac1270. Where a candidate or party exceeds expenditure in the requisite extent, it may be deducted from except for payments to the party. Equivalent provisions apply in respect of a candidate.<\/p>\n<p>It is an offence subject to conviction or indictment of a fine up to \u20ac25,400 or three years\u2019 imprisonment knowingly to make a false or misleading electoral expenses statement.<\/p>\n<p>Under the local authority legislation, a candidate who is a non-successful candidate and fails to make the requisite return is disqualified from being a member of the local authority by way of corruption until after the next election. Where a person succeeds and fails to make the return, he may be suspended. He is suspended from membership for seven days or until the relevant returns are made. If he does not make it, he will be disqualified until the following election.<\/p>\n<p>A candidate, agent, or party who fails to make the required details in connection with donations is guilty of an offence. This is subject to, on summary conviction, a fine of up to \u20ac1270. A person who knowingly makes a false declaration is subject to, on conviction and indictment, imprisonment of up to three years and\/or \u20ac38,100.<\/p>\n<p><!--nextpage--><\/p>\n<h2>ELECTORAL ACT 1992 (as enacted)<\/h2>\n<p>&nbsp;<\/p>\n<p>PART XXII<\/p>\n<h4>Electoral Offences<\/h4>\n<h4>Offences in relation to registration of electors.<\/h4>\n<p>133.\u2014(1) Any person who knowingly furnishes false information in a claim for correction in a draft register or, having been duly required pursuant to the provisions of the Second Schedule to give any information in his possession which a registration authority or county registrar may require for the purpose of their duties, fails or refuses to give the information or knowingly gives false information, shall be guilty of an offence.<\/p>\n<p>(2) Any person who\u2014<\/p>\n<p>(a) in relation to a statement pursuant to section 12 or to an application pursuant to section 17 knowingly gives any information which is false or misleading, or<\/p>\n<p>(b) makes a statement pursuant to section 12 in the name of another person, or<\/p>\n<p>(c) applies in the name of another person to be entered in the special voters list,<\/p>\n<p>shall be guilty of an offence.<\/p>\n<p>(3) (a) Any person who, without lawful authority, wilfully destroys or mutilates any notice, draft register, copy of the register of electors, electors lists or other document made available for public inspection in connection with the preparation of the register of electors shall be guilty of an offence.<\/p>\n<p>(b) An offence under this subsection may be prosecuted by the authority which caused the notice, draft register, copy of the register of electors or other document to be made available for public inspection.<\/p>\n<h4>Personation.<\/h4>\n<p>134.\u2014(1) A person who\u2014<\/p>\n<p>(a) at a D\u00e1il election applies for a ballot paper in the name of some other person, whether that name be the name of a living person or of a dead person or of a fictitious person, or<\/p>\n<p>(b) having obtained a ballot paper once at a D\u00e1il election applies at the same election for a ballot paper in his own name (otherwise than under section 102 ), shall be guilty of the offence of personation.<\/p>\n<p>(2) For the purposes of this section, a person to whom a ballot paper has been issued pursuant to section 68 shall be deemed to have obtained a ballot paper.<\/p>\n<p>(3) A person who aids, abets, counsels or procures the commission of the offence of personation shall be guilty of an offence.<\/p>\n<h4>Bribery.<\/h4>\n<p>135.\u2014(1) A person shall not, in relation to a D\u00e1il election\u2014<\/p>\n<p>(a) give valuable consideration to induce a voter to vote, or to procure the election of any person or the vote of any voter, or on account of a voter having voted; or<\/p>\n<p>(b) procure, by means of, or in consequence of, valuable consideration, the election of any person or the vote of any voter; or<\/p>\n<p>(c) withdraw or refrain from withdrawing, in consequence of any valuable consideration, from being a candidate; or<\/p>\n<p>(d) induce, by means of, or in consequence of, valuable consideration, any person to withdraw or to refrain from withdrawing from being a candidate; or<\/p>\n<p>(e) receive, agree or contract to receive, valuable consideration for voting or agreeing to vote.<\/p>\n<p>(2) A person who contravenes subsection (1) shall be guilty of an offence.<\/p>\n<p>(3) A person who aids, abets, counsels or procures the commission of an offence under this section shall be guilty of an offence.<\/p>\n<p>(4) In this section\u2014<\/p>\n<p>\u201cgive\u201d, \u201cinduce\u201d and \u201cprocure\u201d include agreeing or promising or attempting to give, induce or procure, as the case may be, and whether directly or indirectly;<\/p>\n<p>\u201cvaluable consideration\u201d includes the giving, lending or agreeing to give or lend, or the offer or promise to procure or to attempt to procure, any money, money&#8217;s worth or valuable security or any valuable consideration or any office, place or employment to or for any person;<\/p>\n<p>\u201cvote\u201d includes voting in a particular way or refraining from voting.<\/p>\n<h4>Undue influence.<\/h4>\n<p>136.\u2014A person who, in relation to a D\u00e1il election, directly or indirectly makes use of or threatens to make use of any force, violence or restraint against or inflicts or causes or threatens to inflict or cause any temporal or spiritual injury or loss on or to any person, or attempts by abduction, duress, or fraud\u2014<\/p>\n<p>(a) to induce or compel any person to vote or refrain from voting, or to vote or refrain from voting for a particular person or in a particular way, or<\/p>\n<p>(b) to induce or compel any person to withdraw, or to refrain from withdrawing, from being a candidate, or<\/p>\n<p>(c) to induce or compel any person to be a candidate or to impede or prevent any person from being a candidate, or<\/p>\n<p>(d) to impede or prevent the free exercise of the franchise by any D\u00e1il elector,<\/p>\n<p>shall be guilty of an offence.<\/p>\n<h4>Breach of secrecy.<\/h4>\n<p>137.\u2014(1) A person who is present at the issue of ballot papers to postal voters or at voting by special voters or at the opening of postal ballot boxes shall be guilty of an offence if, except for some purpose authorised by law, he\u2014<\/p>\n<p>(a) communicates, before the poll is closed, to any person any information obtained at the said issue or the said voting as to the official mark, or<\/p>\n<p>(b) attempts to ascertain at the said issue or the said voting or the said opening the number on the back of any ballot paper or the candidate for whom any vote is given in any ballot paper, or communicates to any other person any information with respect thereto obtained at the said issue or the said voting or the said opening.<\/p>\n<p>(2) A person admitted to a polling station in any capacity at a D\u00e1il election shall be guilty of an offence if, before the poll is closed, he communicates, except for some purpose authorised by law, to any other person any information as to the name or the number on the register of D\u00e1il electors of any voter who has or has not applied for a ballot paper or voted at a polling station, or as to the official mark.<\/p>\n<p>(3) A person who is present in any capacity at the counting of the votes at a D\u00e1il election shall be guilty of an offence if, except for some purpose authorised by law, he ascertains or attempts to ascertain at such counting the number on the back of any ballot paper or if at any time he communicates any information obtained at such count as to the candidate for whom any vote is given on any ballot paper.<\/p>\n<p>(4) A person shall be guilty of an offence if, at a D\u00e1il election, except for some purpose authorised by law, he\u2014<\/p>\n<p>(a) interferes with or attempts to interfere with a voter when marking his ballot paper, or obtains or attempts to obtain in a polling station information as to the candidate for whom any voter in the station is about to vote or has voted, or<\/p>\n<p>(b) communicates at any time to any other person any information obtained in a polling station as to the candidate for whom a voter in that station is about to vote or has voted, or as to the number on the back of the ballot paper issued to a voter at that station, or<\/p>\n<p>(c) directly or indirectly induces any voter to display his ballot paper after the said voter has marked it so as to make known to any person the name of the candidate for whom the said voter has or has not voted, or<\/p>\n<p>(d) interferes with or attempts to interfere with the receipt, marking or return of a ballot paper by any postal voter or attempts to obtain information as to the candidate for whom any such voter has or has not voted.<\/p>\n<h4>Offences relating to ballot boxes, ballot papers, nomination papers, certificates of political affiliation, official marks etc.<\/h4>\n<p>138.\u2014A person shall be guilty of an offence if\u2014<\/p>\n<p>(a) wilfully and without lawful authority, he takes, destroys, conceals, opens or otherwise interferes with any ballot box or packet of ballot papers, or any packet of papers or documents of any kind then in use or intended to be used for the purposes of a D\u00e1il election, or any ballot paper account or marked copy of a register of D\u00e1il electors prepared or used for the purposes of the election, or any unused ballot paper, or<\/p>\n<p>(b) he maliciously destroys, tears or defaces a ballot paper, or<\/p>\n<p>(c) he forges or counterfeits a ballot paper or the official mark on a ballot paper, or<\/p>\n<p>(d) without lawful authority, he supplies a ballot paper to any person, or<\/p>\n<p>(e) he fraudulently puts into a ballot box any paper other than the ballot paper which he is authorised by law to put in it, or<\/p>\n<p>(f) without lawful authority, he takes a ballot paper out of a polling station, or<\/p>\n<p>(g) he forges or fraudulently defaces or fraudulently destroys any nomination paper or any certificate of political affiliation or any authorisations under section 99 or section 100 or any official envelope or form of declaration of identity or form of receipt used in connection with special voting or voting by post, or any other form or document used at an election, or<\/p>\n<p>(h) he produces to the returning officer a nomination paper, knowing the same to be forged, or<\/p>\n<p>(i) he counterfeits the official mark, or<\/p>\n<p>(j) without lawful authority, he removes, destroys or damages any instrument for placing the official mark on ballot papers or makes or has in his possession any imitation or counterfeit of any such instrument.<\/p>\n<h4>Disorderly conduct at election meeting.<\/h4>\n<p>139.\u2014(1) A person shall be guilty of an offence if, between the date of the issue of a writ for the election of a member or members of the D\u00e1il for a constituency and the date on which the return is made to the Clerk of the D\u00e1il under section 39 , he acts in a disorderly manner at a lawful public meeting held in connection with the election.<\/p>\n<p>(2) A person who aids, abets, counsels or procures the commission of an offence under subsection (1) shall be guilty of an offence.<\/p>\n<h4>Omission of name and address of printer and publisher from D\u00e1il election documents.<\/h4>\n<p>140.\u2014(1) Every notice, bill, poster or similar document having reference to a D\u00e1il election or distributed for the purpose of furthering the candidature of any candidate at a D\u00e1il election shall bear upon its face the name and address of the printer and of the publisher thereof.<\/p>\n<p>(2) A person shall be guilty of an offence if he prints, publishes or posts, or causes to be printed, published or posted, any such notice, bill, poster or similar document as aforesaid which does not bear upon its face the name and address of the printer and of the publisher thereof.<\/p>\n<p>(3) The provisions of subsections (1) and (2) shall not apply as respects any such notice, bill, poster or similar document printed, published or posted by a returning officer.<\/p>\n<p>(4) For the purposes of this section \u201cprint\u201d includes any process for producing copies of a notice, bill, poster or similar document, other than copying it by hand.<\/p>\n<h4>Nominating or withdrawing a candidate without consent.<\/h4>\n<p>141.\u2014(1) A person shall not\u2014<\/p>\n<p>(a) nominate another person for election under this Act to the D\u00e1il, or<\/p>\n<p>(b) withdraw the candidature of another person for such election to the D\u00e1il,<\/p>\n<p>save with the consent of that person.<\/p>\n<p>(2) A person who contravenes subsection (1) shall be guilty of an offence.<\/p>\n<h4>Forged certificate of political affiliation.<\/h4>\n<p>142.\u2014A person who produces to a returning officer a certificate such as is referred to in section 46 which that person knows to be forged, shall be guilty of an offence.<\/p>\n<h4>False declaration on nomination paper.<\/h4>\n<p>143.\u2014(1) In case a person who, being a candidate or the proposer of a candidate at a D\u00e1il election, makes a declaration on a nomination paper that he has read the notes on the nomination paper and believes the candidate to be eligible for election under this Act then if the candidate is not eligible for election under this Act the person shall be guilty of an offence.<\/p>\n<p>(2) In a prosecution for an offence under subsection (1), it shall be a good defence for the defendant to show that he had reasonable grounds for believing that the candidate was eligible for election.<\/p>\n<h4>Officer acting as agent of candidate or furthering a candidature.<\/h4>\n<p>144.\u2014A returning officer, an assistant, deputy or acting returning officer or any person employed by any such officer for any purpose relating to a D\u00e1il election who acts as agent for any candidate at that election or who is actively associated in furthering the candidature of any candidate or promoting the interests of any political party at the election shall be guilty of an offence.<\/p>\n<h4>Obstruction of nomination or poll.<\/h4>\n<p>145.\u2014A person who at a D\u00e1il election obstructs by violence the nomination of candidates or the poll shall be guilty of an offence.<\/p>\n<h4>Interference with or destruction of postal ballot papers.<\/h4>\n<p>146.\u2014(1) Any person who, at a D\u00e1il election\u2014<\/p>\n<p>(a) wilfully and without lawful authority takes, destroys, conceals, opens or otherwise interferes with any ballot paper or other document sent to a postal voter under this Act, or<\/p>\n<p>(b) without lawful authority knowingly supplies any such ballot paper or other document to a person other than the person lawfully entitled to receive it,<\/p>\n<p>shall be guilty of an offence.<\/p>\n<p>(2) A person who aids, abets, counsels or procures the commission of an offence under this section or who solicits or incites any other person to commit such an offence shall be guilty of an offence.<\/p>\n<h4>Obstruction of or interference with electors.<\/h4>\n<p>147.\u2014(1) A person shall not interfere with or obstruct or impede an elector going to or coming from or in the vicinity of or in a polling station.<\/p>\n<p>(2) During the period commencing 30 minutes before the time appointed for the taking of a poll at an election, including a poll which has been adjourned under section 107 , and ending 30 minutes after the close of the said poll, a person shall not, in or in the curtilage of a polling station or in any place within 100 metres of such station, for the purpose of promoting the interest of a political party or furthering the candidature of a candidate or candidates or soliciting votes for a candidate or candidates or for any contrary purpose, do any or all of the following things:<\/p>\n<p>(a) loiter or congregate with other persons;<\/p>\n<p>(b) attempt to induce, by any means whatsoever, an elector to vote for a candidate or candidates or vote in a particular way or refrain from voting;<\/p>\n<p>(c) display or distribute any notice, sign or poster (other than a notice, sign or poster displayed by the returning officer) or card, circular or other document relating to the election; or<\/p>\n<p>(d) use or cause to be used any loud-speaker or other public address mechanism to broadcast matter relating to the election.<\/p>\n<p>(3) For the purpose of this section, a polling station shall be deemed to include all parts of the building and any land within the curtilage of the building in which the polling station is situate and the distance referred to in subsection (2) shall be measured from any entrance to the polling station or to the curtilage thereof.<\/p>\n<p>(4) A person who contravenes subsection (1) or (2) shall be guilty of an offence.<\/p>\n<h4>Personation agent leaving polling station without permission.<\/h4>\n<p>148.\u2014(1) A personation agent shall not, during the hours fixed under section 96 for the holding of the poll, leave the polling station to which he is appointed without previously obtaining the permission of the presiding officer and depositing with the said presiding officer all registers, books and documents in which he has made any note, writing or mark during the poll.<\/p>\n<p>(2) A personation agent who contravenes subsection (1) shall be guilty of an offence and in addition shall not, save with the permission of the presiding officer, return to the polling station in question.<\/p>\n<h4>Prohibition on voting by person registered as elector when not entitled to be so registered.<\/h4>\n<p>149.\u2014(1) A person\u2014<\/p>\n<p>(a) who is registered in the register of D\u00e1il electors for the time being in force for a constituency but is not entitled to be so registered, or<\/p>\n<p>(b) who is not registered in that register,<\/p>\n<p>shall not vote in that constituency.<\/p>\n<p>(2) A person who contravenes subsection (1) shall be guilty of an offence.<\/p>\n<h4>Unlawful marking of ballot papers by persons acting as companions.<\/h4>\n<p>150.\u2014A person who contravenes subsection (8) or (9) of section 103 shall be guilty of an offence.<\/p>\n<h4>False statement of withdrawal or death of a candidate.<\/h4>\n<p>151.\u2014A person who, between the date of the issue of a writ for the election of a member or members of the D\u00e1il for a constituency and the date on which the return is made to the Clerk of the D\u00e1il under section 39 , knowingly publishes a false statement of the withdrawal or death of a candidate at the D\u00e1il election shall be guilty of an offence.<\/p>\n<h4>Misleading statement as to process of voting.<\/h4>\n<p>152.\u2014Any person who, before or during a D\u00e1il election, makes or publishes any statement which is likely to mislead voters as to the actual process of voting shall be guilty of an offence.<\/p>\n<h4>Handling of ballot papers by candidates or agents.<\/h4>\n<p>153.\u2014A candidate or the agent of a candidate who handles a ballot paper during the counting of the votes at a D\u00e1il election shall be guilty of an offence.<\/p>\n<h4>Unauthorised inspection of documents.<\/h4>\n<p>154.\u2014Unauthorised inspection of any document which is a document mentioned in section 130 shall be an offence.<\/p>\n<h4>Corrupt withdrawal of petition.<\/h4>\n<p>155.\u2014A person who makes any agreement or enters into any undertaking in relation to the withdrawal of a petition in consideration of any payment or the cesser of membership of the D\u00e1il or for any substantial reason not stated in the affidavit referred to in Rule 8 of the Third Schedule shall be guilty of an offence.<\/p>\n<h4>Limitation of time for prosecution of offence.<\/h4>\n<p>156.\u2014Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , proceedings for an offence under this Act may be instituted within twelve months from the date of the offence or, if the offence was committed in relation to a D\u00e1il election as respects which proceedings questioning the election are held before the High Court, may be commenced within twelve months from the date of the offence or within three months from the decision of the court, whichever period last expires, but proceedings for an offence under this Act shall not be commenced after the expiration of the period of two years beginning on the date of the offence.<\/p>\n<h4>Penalties.<\/h4>\n<p>157.\u2014(1) Where a person is guilty of an offence under this Act, other than an offence mentioned in subsection (2), such person shall be liable\u2014<\/p>\n<p>(a) on summary conviction to a fine not exceeding \u00a31,000 or, at the discretion of the court, to imprisonment for a period not exceeding six months or to both such fine and such imprisonment, or<\/p>\n<p>(b) on conviction on indictment to a fine not exceeding \u00a32,500 or, at the discretion of the court, to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.<\/p>\n<p>(2) Where a person is guilty of an offence under sections 133 , 140 , 148 or 153 , such person shall be liable on summary conviction to a fine not exceeding \u00a3500 or, at the discretion of the court, to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.<\/p>\n<h4>Compensation where certain charge is unjustly made or not prosecuted.<\/h4>\n<p>158.\u2014Where any person is arrested under section 105 on a charge made by a personation agent that such person has committed the offence of personation and either such personation agent (or someone on his behalf) fails to appear before the court and support the charge, or the court acquits the person of having committed the offence and finds that the charge was made by the personation agent without reasonable or just cause, the court may, at the request of the person so charged but not otherwise, order the personation agent to pay to the person such sum not exceeding \u00a3500 as the court shall think proper by way of damages, and such sum when duly paid shall be accepted by the person so charged in full satisfaction of all claims by him in respect of damages arising from the said charge and his arrest and detention thereon.<\/p>\n<h4>Damages for breach of duty by officers etc.<\/h4>\n<p>159.\u2014Where any person upon whom any functions or duties are conferred by or under this Act in relation to a D\u00e1il election fails without reasonable cause to perform his functions or duties in that behalf, any person injured by such failure shall be entitled to recover from him by action at law such sum by way of damages as the court by which such action shall be tried shall consider just.<\/p>\n<h4>Certificate of returning officer to be prima facie evidence.<\/h4>\n<p>160.\u2014In any civil or criminal proceedings in relation to an alleged offence at a D\u00e1il election, the certificate of the returning officer for the constituency concerned of the due holding of the election or that a particular person was a candidate thereat shall be prima facie evidence of the facts stated therein and it shall not be necessary to prove the signature of the returning officer or that he was in fact such returning officer.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-13232\" data-postid=\"13232\" class=\"themify_builder_content themify_builder_content-13232 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Personation &amp; Validity of Ballot There is personation, where a person applies for a ballot paper in the name of another or where the person applies for a ballot paper in his own name, having already obtained a ballot paper for that election. The offence is committed once the application for the ballot paper is [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[207],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13232"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=13232"}],"version-history":[{"count":7,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13232\/revisions"}],"predecessor-version":[{"id":34219,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13232\/revisions\/34219"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=13232"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=13232"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=13232"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}