ELECTORAL ACT (as amended at 24th January 2008) (b) filling a public office, other than a public office the tenure of which is regulated exclusively by or in terms of the Constitution, and, if he or she holds any such office, the High Court may declare that that office shall be vacated by him or her as from the date of his or her conviction. PART XX ILLEGAL PRACTICES AND OTHER OFFENCES 139 Certain expenditure an illegal practice (1) No person shall, for the purpose of promoting or procuring the election of a candidate at an election— (a) incur election expenses in respect of any matter or in any manner constituting an offence under this Act or any other law or in respect of any matter or thing payment for which is prohibited by this Act or such law; or (b) receive any payment or be a party to any contract for payment, whether before, during or after an election— (i) for any of the matters specified in paragraph (a); or (ii) to a voter on account of the use of any premises for the exhibition of any address, bill, poster or notice or on account of the exhibition of any address, bill, poster or notice. (2) Subparagraph (ii) of paragraph (b) of subsection (1) shall not apply in respect of any payment or contract made in the ordinary course of business to or with a voter whose ordinary business it is as an advertising agent to exhibit bills and advertisements for payment. (3) Any person who contravenes subsection (1) shall be guilty of an illegal practice and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. 140 Unauthorised election expenses Any person who, without the express or implied authority of a candidate or his or her election agent, incurs election expenses in relation to that candidate shall be guilty of an illegal practice and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. 141 Penalty for providing money for payments contrary to this Act Any person who knowingly provides money— (a) for any payment which is contrary to this Act; or (b) for any election expenses in excess of the maximum amount allowed by this Act; or (c) for replacing any money expended in any such payment or expenses, except where the same is allowed under this Act to be an exception; shall be guilty of an illegal practice and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. - 87 -