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83.   Penalty for certain illegal practices

Revised Laws of Saint Lucia (2021)

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83.   Penalty for certain illegal practices

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    (1)   Every person who—

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      (a)     votes, or induces or procures any person to vote, at any election, knowing that he or she or such other person is prohibited by any law, from voting at such election;

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      (b)     before or during an election knowingly publishes a false statement of the withdrawal of a candidate at such election for the purpose of promoting or procuring the election of another candidate;

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      (c)     between the date of notification by the Supervisor of Elections of the issue by the Governor General of a writ for purposes of an election and the day before polling at such election, whether in a general election or in a by-election, acts in a disorderly manner, with intent to prevent the transaction of the business of a public meeting called for the purpose of promoting the election of a candidate or prospective candidate as a member to serve in the House,

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    commits an illegal practice, and is liable on summary conviction to a fine of $500 or to imprisonment for 6 months.

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    (2)   Every person who, between the date of notification by the Chief Elections Officer of the issue by the Governor General of a writ for purposes of an election and the day before polling at such election, whether in a general election or in a by-election, incites, combines or conspires with others to act in a disorderly manner with intent to prevent the transaction of the business of a public meeting called for the purpose of promoting the election of a candidate or prospective candidate as a member of the House of Assembly, commits an illegal practice and, on summary conviction thereof is liable to imprisonment for 6 months.

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    (3)   Any person who, before or during an election for the purpose of affecting the return of any candidate or prospective candidate at such election, makes or publishes any false statement of fact in relation to the personal character or conduct of such candidate or prospective candidate commits an illegal practice and is liable on summary conviction to a fine of $500 or to imprisonment for 6 months or to both such fine and imprisonment.

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    (4)   Any person who during the period of 14 days ending with the day after polling day wilfully detains an identification card issued to another person commits an illegal practice and is liable on summary conviction to a fine of $500 or to imprisonment for 6 months.

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    (5)   Any person who sells or attempts to sell or purchase or attempts to purchase, or pledges or attempts to pledge, or receives by way of pledge in any manner whatsoever an identification card of an elector or a poll card issued to an elector or any document or thing purporting to be an identification card of an elector or a poll card issued to an elector commits an illegal practice and is liable on summary conviction to a fine of $500 or to imprisonment for 6 months.

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    (6)   Any person who is convicted of any offence declared to be an illegal practice under this Act shall, in addition to any other penalty for such offences, be incapable during a period of 5 years from the date of his or her conviction—

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      (a)     of being registered as an elector or voting at any election; and

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      (b)     of being elected a member of the House of Assembly or, if elected before his or her conviction, of retaining his or her seat as such member.

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    However, in the event of any appeal the incapacity shall continue until the appeal is determined and thereafter unless the conviction is quashed remain in force for a period of 5 years from the determination of the appeal except the court hearing the appeal shall direct that the period of 5 years shall run from the date of conviction.

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