In different countries, there are various ways in which severe breaches are distinguished from lesser ones. One distinction is between offences specifically against election laws and offences under general laws of the country. A second distinction is between offences punishable under civil law and contraventions of criminal law. A third distinction is between 'illegal' and 'corrupt' practices.
Britain
The Corrupt Practices Act of 1883 and subsequent amendments divided offences into a less serious category ('illegal practices'), and a more serious one ('corrupt practices'). This distinction was adopted in a number of other 'Westminster Model' countries.
Illegal practices and payments include:
Illegal practices by candidates and election agents
- knowingly incurring any election expense in excess of the maximum amount allowed,
- knowingly publishing a false statement of the withdrawal of a candidate for the purpose of promoting or procuring the election of another candidate.
Illegal practices by election agents
- paying without a judgement or order of a competent court any claim for an election expense after the time limited for paying such expenses.
Illegal practices irrespective of person committing them
- any payment on account of the conveyance of electors to or from the poll,
- the payment to any person, other than the candidate or his election agent, of any money provided for election expenses by any person other than the candidate.
- It is illegal employment to engage, or employ for payment, or promise of payment, any person as a canvasser (that is, someone who goes from door to door to encourage electors to vote for a particular candidate).
- using, with intent to influence voters in contravention of the law, any television or other wireless station from abroad for the transmission of matter having reference to an election.
Corrupt practices include:
- personation
- false declaration as to election expenses
- bribery of any voter
- gifts by candidates
- a promise or procurement of any office or employment to induce a voter to vote or to refrain from voting
This 'Westminster model' is found in other countries, such as Japan.
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