Guidance for Candidates at Parish council elections in England

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Table of offences

The following table shows a number of electoral and non-electoral offences of which you should be aware. You should seek your own legal advice where necessary.

For polls on or after 2 May 2024

The Elections Act 2022 introduced legislation which made changes to some electoral offences. The table below highlights the offences that will change when the legislation is in force for polls held on or after 2 May 2024.

Offence	Explanation
Bribery1	The offence of bribery includes where someone directly or indirectly gives any money or procures any office to or for any voter, in order to induce any voter to vote or not vote.
Treating2	A person is guilty of treating if either before, during or after an election they directly or indirectly give or provide any food, drink, entertainment or provision to corruptly influence any voter to vote or refrain from voting. Treating requires a corrupt intent - it does not apply to ordinary hospitality.
Undue Influence3	A person is guilty of undue influence if they directly or indirectly make use of or threaten to make use of force, violence or restraint, or inflict or threaten to inflict injury, damage or harm in order to induce or compel that person to vote or refrain from voting. A person may also be guilty of undue influence if they impede or prevent any voter from freely exercising their right to vote – even where the attempt is unsuccessful. Undue influence doesn’t exclusively relate to physical access to the polling station. For example, a leaflet that threatens to make use of force in order to induce a voter to vote in a particular way could also be undue influence.
For polls on or after 2 May 2024 Undue Influence4	A person is guilty of undue influence if they carry out an activity on account of: a person having voted in a particular way or refrained from voting assuming a person to have voted in a particular way or to have refrained from voting These activities are: using or threatening to use violence against a person damaging or destroying, or threatening to damage or destroy a person’s property damaging or destroying, or threatening to damage or destroy a person’s reputation causing or threatening to cause financial loss to a person causing spiritual injury to, or placing undue spiritual pressure on, a person doing any other act designed to intimidate a person doing any act designed to deceive a person in relation to the administration of an election Undue influence doesn’t exclusively relate to physical access to the polling station. For example, a leaflet that threatens to make use of force in order to induce a voter to vote in a particular way could also be undue influence.
For polls on or after 2 May 2024 Handling of postal voting documents by political campaigners5	It is an offence for political campaigners to handle completed ballot papers or postal ballot packs for voters who are not their close family or someone they care for.
Personation6	Personation is where an individual votes as someone else either by post or in person at a polling station, as an elector or as a proxy. This offence applies if the person that is being personated is living, dead or fictitious. Aiding, abetting, counselling or procuring the offence of personation is also an offence.
False statements About a candidate's personal character or conduct7	It is an offence to make or publish a false statement of fact about the personal character or conduct of a candidate in order to affect the return of a candidate at an election. False statements that are not about a candidate’s personal character or conduct are not illegal under electoral law, but could be considered as libel or slander. It is also an illegal practice to make a false statement of a candidate’s withdrawal in order to promote or procure the election of another candidate.
False statements In nomination papers8	It is an offence to provide a statement on a nomination paper, which you know to be false. For example, if you know you are disqualified from election you must not sign the consent to nomination.
False registration information and false postal/proxy voting application9	It is an offence to supply false information on a registration, postal vote or proxy vote application form. False information includes a false signature.
False application to vote by post or by proxy10	A person is guilty of an offence if they apply to vote by post or proxy to gain a vote to which they are not entitled or to deprive someone else of their vote.
Multiple voting and proxy voting offences11	There are various offences regarding multiple voting and proxy voting, including voting by post as an elector or proxy when subject to a legal incapacity to vote and inducing or procuring another to commit the offence.
Breaches of the secrecy of the ballot12	Everyone involved in the election process or attending certain proceedings must maintain the secrecy of the ballot. The Returning Officer will give a copy of the official secrecy requirements to everyone who attends the opening of postal votes or the counting of ballot papers, and to polling agents.
Campaign publicity material	Certain offences relate specifically to election campaign publicity material. Printed election campaign publicity material must contain an imprint13 and not resemble a poll card.14 Campaign publicity material must also not contain a false statement as to the personal character or conduct of another candidate.15 Neither the Returning Officer nor the Commission regulate the content of campaign material and are not able to comment on the legality of any particular electoral material beyond what is covered in this guidance.
Racial hatred	Under the Public Order Act 1986, it is an offence to publish or distribute threatening, abusive or insulting material that is intended to stir up racial hatred or which is likely to stir up racial hatred.

Diweddarwyd ddiwethaf: 4 Ebrill 2024