ELECTORAL ACT (as amended at 24th January 2008)
electoral malpractice in terms of Part XVIIIA, XIX or XX, as the case may be, committed by
the election agent, and—
(a) the election agent shall be liable to punishment accordingly; and
(b) the candidate shall, save as provided in section 146(3), incur the same consequences
as if the act or default had been the act or default of the chief election agent.
(3) The appointment of an election agent shall not terminate by virtue of the chief
election agent who appointed him or her ceasing to be a chief election agent.
(4) If a chief election agent revokes the appointment of an election agent or an election
agent dies, the chief election agent may appoint another election agent and if he or she does so
shall forthwith—
(a) notify in writing the full names and address of the election agent to the constituency
elections officer; and
(b) … {Repealed]
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Appointments made and expenses incurred by candidates or agents
(1) The chief election agent of a candidate, by himself or herself or through an election
agent, shall appoint every person employed for hire or reward on behalf of the candidate at an
election.
(2) A contract whereby any expenses are incurred on account of or in respect of the
conduct or management of an election shall not be enforceable against a candidate unless
made by the candidate himself or herself or by his or her chief election agent, either by
himself or herself or through an election agent:
Provided that the inability under this section to enforce such a contract against the
candidate shall not relieve the candidate from the consequences of any electoral malpractice
having been committed by his or her agent.
(3) A chief election agent shall, where a poll is to be held, send to the constituency
elections officer not later than three days before polling day or the earliest polling day, as the
case may be, a list containing the full names and address of every person employed by him or
her for hire or reward on behalf of the candidate in connection with an election, and if any
such person is enrolled on the voters roll, his or her number on such roll.
(4) A chief election agent who fails to comply with subsection (3) shall be guilty of an
offence and liable to a fine not exceeding level four.
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Payments of expenses and disclosure of expenditure
(1) Except as permitted by or in terms of this Act, no payment and no advance or deposit
shall be made or promised by a candidate at an election or by any person at any time, whether
before, during or after that election, in respect of any expenses incurred or to be incurred on
account of or in respect of the conduct or management of that election, otherwise than by or
through the chief election agent of the candidate, whether acting in person or by an election
agent.
(2) All moneys provided by an association or group of persons or by any person for the
election expenses of a candidate, whether as a gift, loan, advance or deposit, shall be paid or
promised to the candidate or his or her chief election agent and not otherwise.
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