Election Offences

The following sections of the House of Assembly (Election) Act, 1979 are published for the attention of the public:

1. Section 52—(1) No person shall at an election, vote as an elector—

(a) in more than one Electoral District or more than once in the same Electoral District; or

(b) knowing that he is not qualified so to do.

2. Any person who contravenes the provisions of subsection (1) shall be liable summarily to imprisonment for three months.

Section 72—(1) No intoxicating liquor shall be sold, offered for sale, supplied or given away, at any premises situate in any Electoral District in which an election, is being held, to which a licence issued under the Liquor Licence Act, or under the Registration of Proprietary Clubs Ordinance or under any other enactment applied, at any time between the opening and the closing of the poll on polling day.

(2) Any person who contravenes the provisions of subsection (1) of this section shall be liable on summary conviction to a fine of five hundred dollars or to imprisonment for six months.

(3) The provision of this section shall not apply to any port or airport wherein liquor is sold under concession to persons therein who are about to leave Saint Lucia.

Section 73—(1) Every employer shall, on polling day, allow every elector in his employ a reasonable period being not less than two hours or such other period as may be prescribed for voting, and no employer shall make any deduction from the pay or other remuneration of such elector or impose upon or exact from him any penalty by reason of his absence during such period.

(2) Any employer who, directly or indirectly, refuses, or by intimidation, undue influence, or in any other way, interferes with the granting to any elector in his employ, of the period for voting as provided in subsection (1), shall on summary conviction be liable to a fine of five hundred dollars or to imprisonment for six months.

Section 75—(1) No person shall furnish or supply any loudspeaker, bunting, ensign, banner, standard, set or colours, or flag, to any person with intent that it shall be carried, worn or used on motor cars, trucks or other vehicles, as political propaganda, on polling day, and no person shall with any such intent, carry, wear or use, on motor cars, trucks or other vehicles, any such loudspeaker, bunting, ensign, banner, standard, or set of colours, or flag on polling day.

(2) No person shall furnish or supply any flag, ribbon or label to any person with intent that it be worn or used by any person within any Electoral District on polling day, as a party badge to distinguish the wearer as the supporter of any candidate, or of the political or other opinions entertained or supposed to be entertained by such candidate; and no person shall use or wear any flag, ribbon or label as such badge, within any Electoral District on polling day.

(3) Nothing contained in either of the preceding subsections of this section shall be deemed to extend to the furnishing or supplying or using of any banner, flag, badge or rosette bearing only the name of any candidate or only such name with or without the symbol allotted to such candidate, preceded by the words “Vote for”.

(4) Any person who contravenes any of the provisions of this section shall be liable on summary conviction to a fine of one thousand dollars or to imprisonment for twelve months.

Section 76—(1) Subject to the provisions of subsection (2) of this section during the hours when the poll is open upon Election Day no persons shall assemble or congregate within one hundred yards of the building in which is situated any polling station.

(2) This section shall not apply —

(a) to any electors who are waiting to poll their votes at such polling station who obey any instructions which may be given by the Presiding Officer or any constable for the purpose of forming a queue with other electors also so waiting; or

(b) to any person who may under the provisions of this Act lawfully enter or remain in such polling station.

(3) Every person who contravenes or fails to comply with any of the provisions of this section shall be guilty of an offence against this section and shall be liable on summary conviction thereof to a fine of two hundred and fifty dollars or to imprisonment for three months or to both such fine and imprisonment.

Section 77—(l) During the hours that the poll is open upon polling day, no person shall upon any public road or in any public place within one hundred yards of any building in which a Polling Station is situate seek to influence any elector to vote for any candidate or to ascertain for what candidate any elector intends to vote or has voted.

(2) Every person who contravenes any of the provisions of subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction thereof to a fine of two hundred and fifty dollars or to imprisonment for three months or to both such fine and imprisonment.

Section 81. Every person who at election applies for a ballot paper in the name of another person, whether that name be the name of a person living or dead or of a fictitious person, or who, having voted once at any election, applies at the same election for a ballot paper in his own name, shall be guilty of personation within the meaning of this Act.

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