St. Kitts – Nevis Election Offenses

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The Simplified Version of Election Day Rules

Basseterre, St. Kitts – Nevis
SKNIS
January 11, 2010
The Electoral Office of St. Kitts and Nevis is advising the general public of the following Election Offences under the provisions of the National Assembly Elections Act.

1.  No premises with a licence issued under the Liquor Licence Act can sell, offer for sale, or give away liquor in an electoral district any time between the opening and closing of the Poll on Polling Day.

Any person who does not follow this provision will be liable to a fine of $100 or imprisonment for six months.

2.  On Polling Day, every employer must allow every voter in his employ a reasonable period for voting and no employer shall make any deduction from pay or other remuneration of any such voter or impose any penalty because of his absence during the allowed period.

Any employee who directly or indirectly, refuses or by intimidation, under influence or in any other way, interferes with the granting of a period for voting to his employee, shall be liable to a fine of five hundred dollars or imprisonment for six months.

3.(a)  No person shall furnish or supply any loudspeaker, bunting, ensign, banner, standard or set of colours, or any flag, to any person with intent that it be carried, worn or used on cars, trucks or other motor vehicles as political propaganda, on Polling Day.  And no person shall with intent carry, wear, or use, on motor cars, trucks or other vehicles any such loud speaker, bunting, banner, standard, or set of colours or any other flag on Polling Day.

(b)  No person shall furnish or supply any flag, ribbon, label or like favour or for any person with the intent that it be worn or used by any person within nay electoral district on Polling Day as a party badge to distinguish the wearer and the supporter of any candidate or of the political or other opinions entertained or supposed to be entertained by such candidates, and no person shall use of wear any flag, ribbon, label or other favour, as such badge within any electoral district on Polling Day.

Any person who contravenes any of these provisions shall be liable to a find not exceeding thirty thousand dollars or to imprisonment for five years.

4.  Any person who directly or indirectly gives, offers, or promises money, employment, loans or gifts to or for any voter, or to or for any person on behalf of any voter, or to or for any person in order to force any voter to vote or to refrain from voting shall be deemed guilty of bribery.

5.  Any voter who before or during an election, directly or indirectly, receives or contracts for any money, gift, loan or employment for himself or for any person, for voting or agreeing to vote or for refraining or agreeing to refrain from voting shall also be deemed guilty of bribery.

6.  Any person who corruptly, either before, during or after an election, directly or indirectly, gives or provides or pays the expenses of giving or providing any food, drink or entertainment,  to any person for the purpose of corruptly influencing that person, or any person to vote or refrain from voting at such election shall be deemed guilty of Treating.

7.  Every person who directly or indirectly makes use of or threatens to make use of any force, violence or restrains, or inflicts any earthly or spiritual injury, damage, harm or loss upon or against any person, in order to force or compel such person to vote or refrain from voting at any election or who by abduction, duress or any fraudulent contrivance, impedes or prevents the free exercise of the franchise of any voter, shall be guilty of undue influence.

8.  Every person who is guilty of bribery, treating or undue influence shall be liable to imprisonment of six months or to a fine of four hundred and eighty dollars.

9.  Every person who at an election applies for a ballot paper, whether that name is of a living or dead or fictitious person, or who applies for a ballot paper at any time when he or she has the mark of electoral ink on any finger, or who has voted already at the same election, yet applies for another ballot paper, shall be guilty of personation.  Such an individual shall be liable for imprisonment for one year and/or a fine of five hundred dollars or imprisonment for five years, and in addition such imprisonment for a period that the court may impose.

10.  Every person who is convicted of bribery, treating, undue influence, or personation or aiding, counseling or procuring the commission of the offence of personation, shall in addition to any other punishment, not be allowed for seven years from the date of conviction to

a)  register as a voter or vote at any election

b) be elected as a parliamentary representative, or if elected before his conviction, retain his seat as such a member


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