Corrupt Practice (Municipal Elections) Act 1872
| Jurisdiction | UK Non-devolved |
| Citation | 1872 c. 60 |
| Year | 1872 |
Corrupt Practice (Municipal Elections) Act, 1872
(35 & 36 Vict.) CHAPTER 60.
An Act for the better prevention of Corrupt Practices at Municipal Elections, and for establishing a Tribunal for the trial of the validity of such Elections.
[6th August 1872]
Whereas it is expedient to make provision for the better prevention of corrupt practices at municipal elections, and for establishing a tribunal for the trial of the validity of such elections:
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
Preliminary.
1 Short title.
1. This Act may be cited for all purposes as the ‘Corrupt Practice (Municipal Elections) Act, 1872.’
2 Definitions.
2. In this Act, except where the context otherwise requires, the following words and expressions shall respectively be construed as follows, viz:
(1) (1.) ‘Borough’ means a place for the time being subject to the provisions of the Act of the fifth and sixth of William the Fourth, chapter seventy-six, intituled ‘An Act to provide for the regulation of municipal corporations in England and Wales,’ as amended by the Acts amending the said Act:
‘Office’ means the office of mayor, alderman, councillor, auditor, or assessor, of a borough or ward of a borough:
‘Election’ means an election to an office:
‘Candidate’ means a person elected, or who has been nominated or has declared himself a candidate for election to an office:
‘Canvasser’ means any person who solicits or persuades, or attempts to persuade, any person to vote or to abstain from voting at an election, or to vote or to abstain from voting for any candidate at an election:
‘Register’ includes a burgess roll or ward list:
‘Voter’ means a person included in a register or who voted or claimed to vote at an election:
‘Returning officer’ means a person under whatever designation presiding at an election:
‘Election court’ means an election court constituted and acting under the provisions of this Act for the trial of a petition respecting an election:
‘Superior court’ means the Court of Common Pleas at Westminster:
‘Prescribed’ means prescribed by general rules to be made under the provisions of this Act.
(2) (2.) This Act shall so far as is consistent with the tenor thereof be construed as one with the Acts for the time being, in force relating to boroughs and to elections in boroughs.
Part I.
Corrupt Practices at Municipal Elections.
3 As to corrupt practices at municipal elections.
3. The offences of bribery, treating, undue influence, and personation, shall be deemed to be corrupt practices at an election for the purposes of this Act.
The terms ‘bribery,’‘treating,’‘undue influence,’ and ‘personation,’ shall respectively include anything committed or done before, at, after, or with respect to an election, which if done before, at, after, or with respect to an election of members to serve in Parliament would render the person committing or doing the same liable to any penalties, punishments, or disqualifications, for bribery, treating, undue influence, or personation, as the case may be, under any Act for the time being in force with respect to elections of members to serve in Parliament.
Any person who is guilty of a corrupt practice at an election shall be liable to the like actions, prosecutions, penalties, forfeitures, and punishments, as if the corrupt practice had been committed at an election of members to serve in Parliament.
4 Disqualifications of candidates personally guilty of corrupt practices.
4. Where it is found by the report of an election court acting under the provisions of this Act that any corrupt practice has been committed by or with the knowledge and consent of any candidate at an election, such candidate shall be deemed to have been personally guilty of corrupt practices at the election, and his election, if he has been elected, shall be void, and he shall (whether lie was elected or not) during seven years from the date of the report be subject to the following disqualifications; viz.,
(1) (1.) He shall be incapable of holding or exercising any municipal office or franchise, and of having his name placed on, the register, or voting at any municipal election:
(2) (2.) He shall be incapable of acting as a justice of the peace and of holding any judicial office:
(3) (3.) He shall be incapable of being elected to and of sitting or voting in Parliament:
(4) (4.) He shall be incapable of being registered or voting as a parliamentary voter:
(5) (5.) He shall be incapable of being employed by any candidate in any parliamentary or municipal election:
(6) (6.) He shall be incapable of acting as overseer or as guardian of the poor.
If any person is upon an indictment or information found guilty of any corrupt practice at an election, or is in any action or proceeding adjudged to pay a penalty or forfeiture for any corrupt practice at an election, he shall, whether he was a candidate at the election or not, be subject during seven years from the date of the conviction or judgment to all the disqualifications mentioned in this section.
If at any time after any person has become disqualified by virtue of this Act, the witnesses, or any of them, on whose testimony such person has so become disqualified, are upon the prosecution of such person convicted of perjury in respect of such testimony, it shall be lawful for such person to move the superior court to order, and the superior court shall, upon being satisfied that such disqualification was procured by reason of perjury, order that such disqualification shall thenceforth cease and determine, and the same shall cease and determine accordingly.
5 Avoidance of election for corrupt practices by agents, and for offences against this Act.
5. If it is found by an election court acting under the provisions of this Act, that a candidate has by an agent been guilty of any corrupt practice at an election, or that any act herein-after in this Act declared to be an offence against this Act has been committed at an election by a candidate or by an agent for a candidate with the candidate's knowledge and consent, the candidate shall, during the period for which he was elected to serve, or for which, if elected, lie might have served, be disqualified for being elected to and for holding any municipal office in the borough for which the election was held, and if he was elected his election shall be void.
6 Avoidance of election on the ground of general corruption, &c.
6. An election for a borough or a ward thereof shall be wholly avoided by such general corruption, bribery, treating, or intimidation at the election for such borough or ward as would by the common law of Parliament avoid an election of members to serve in Parliament for a parliamentary borough.
7 Prohibition of paid canvassers.
7. No person who is included in a register for a borough or ward thereof as a burgess or citizen shall be retained or employed for payment or reward by or on behalf of a candidate at an election for such borough or any ward thereof as a canvasser for the purposes of the election.
If any person is retained or employed by or on behalf of a candidate at an election in contravention of this prohibition, such person and also the candidate or other person by whom he is retained or employed shall be deemed to be guilty of an offence against this Act, and shall be liable on summary conviction before two justices of the peace to a penalty not exceeding ten pounds.
An agent or canvasser who is retained or employed for payment or reward for any of the purposes of an election shall not vote at the election, and if he votes he shall be guilty of an offence against this Act, and shall be liable on summary conviction before two justices of the peace to a penalty not exceeding ten pounds.
8 Prohibition of payment for conveyance of voters.
8. If a candidate or an agent for a candidate pays or agrees to pay any money on account of the conveyance of a voter to or from the poll, such candidate or agent shall be deemed to be guilty of an offence against this Act, and shall be liable on summary conviction before two justices of the peace to a penalty not exceeding five pounds.
9 Prosecutions for corrupt practices.
9. The costs and expenses of a prosecutor and his witnesses in the prosecution of any person for either of the corrupt practices of bribery, undue influence, or personation at an election, together with compensation for trouble and loss of time, shall, unless the court before which such person is prosecuted otherwise directs, be allowed, paid, and borne in the same manner in which they may be allowed, paid, and borne in cases of felony.
The clerk of the peace of the county in which a borough is situate, or in the case of a borough which is a county of a city or a county of a town or in which there is a clerk of the peace, the clerk of the peace of such county of a city or county of a town or borough, shall, if he is directed by an election court acting under the provisions of this Act to prosecute any person for either of the corrupt practices of bribery, undue influence, or personation at the election in respect of which the court acts, or to sue or proceed against any person for penalties for bribery, treating, undue influence, or any offence against this Act at such election, prosecute, sue, or proceed against such...
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