ELECTORAL ACT (as amended at 24th January 2008)
(e) the declarations of identity rejected in terms of subsection (6), (10) or (12) of section
seventy-seven with the ballot paper envelopes and ballot papers, if any, attached
thereto;
(f) the ballot papers rejected in terms of subsection (8) or (10) of section seventy-seven
with the ballot paper envelopes and declarations of identity, if any, attached thereto;
(g) the ballot papers rejected in terms of paragraph (b) of subsection (2) or subsection
(3) of section seventy-nine with the ballot paper envelopes attached thereto.
(2) Where—
(a) a covering envelope is received by the constituency elections officer after the close
of the poll; or
(b) an envelope addressed to an applicant for a postal ballot paper is returned as
undelivered;
the constituency elections officer shall not open such envelope but shall seal all such
envelopes in a packet.
81
Offences in relation to postal votes
(1) A person who attempts to induce any other person to obtain a postal ballot paper with
the intention of influencing him or her by bribery or intimidation to record his or her vote in
favour of a particular candidate shall be guilty of an offence and liable to a fine not exceeding
level fourteen or to imprisonment for a period not exceeding two years or to both such fine
and such imprisonment and, in addition to any such punishment, may, if he or she is
convicted of that offence by the High Court, be declared by the High Court to be disqualified
from voting at an election for a period not exceeding five years.
(2) Any person who—
(a) makes or induces any other person to make a false statement in an application for a
postal ballot paper or in a written statement in terms of subsection (3) of section
seventy-five; or
(b) fails to deliver or post forthwith an envelope containing or purporting to contain a
ballot paper entrusted to him or her by a voter for the purpose of delivering or
posting it to a constituency elections officer;
shall be guilty of an offence and liable to a fine not exceeding level fourteen or to
imprisonment for a period not exceeding two years or to both such fine and such
imprisonment.
(3) Any person who, having marked a postal ballot paper in terms of proviso (iii) to
subsection (1) of section seventy-five, fails to ensure that a written statement is enclosed with
the ballot paper in terms of subsection (3) of that section, shall be guilty of an offence and
liable to a fine not exceeding level fourteen or to imprisonment for a period not exceeding six
months or to both such fine and such imprisonment.
- 61 -
Select target paragraph3
Add to table of contents