Section 102Part 9 — Election Offences
Illegal practices and penalties
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102. (1) Subject to subsections (2) and (3), a person who —
votes, or induces or procures any person to vote, at any election, knowing that that person or such other person is prohibited by this Act, or by any law in force in the Islands, from voting at such election;
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;
between the date of the publication by the returning officer of a notice in accordance with section 29(1) and the day after polling at the 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 as a member to serve in the Cayman Islands Parliament; or
themselves or as a director of any body or association corporate, before or during an election for the purpose of affecting the return of a candidate at the election, makes or publishes any false statement of fact in relation to the personal character or conduct of the candidate, commits an illegal practice.
A person who commits an illegal practice under this section or any other provision of this Act, is liable on summary conviction to a fine of five hundred dollars or to imprisonment for six months.
A person charged under paragraph (d) of subsection (1) shall not have committed an illegal practice if that person can show that that person had reasonable grounds for believing, and did in fact believe, the statement that person made to be true.
A candidate shall not be liable nor shall that person’s election be avoided for any illegal practice under paragraph (d) of subsection (1) committed by that person’s agent unless —
it can be shown that the candidate has authorised or consented to the committing of the illegal practice, or has paid for the circulation of the false statement constituting the illegal practice; or
the Grand Court dealing with an election petition under section 89 finds and reports that the election of the candidate was procured or materially Elections Act (2022 Revision) Section 103 c Revised as at 31st December, 2021 Page 65 assisted in consequence of the making or publishing of such false statement.
A person who, between the date of the publication by the returning officer of a notice in accordance with section 29(1) and the day after polling at the 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 as a member to serve in the Cayman Islands Parliament, commits an illegal practice and is liable on summary conviction before a magistrate to a fine of five hundred dollars and to imprisonment for six months and, in addition, shall be incapable during a period of five years from the date of conviction of being registered as an elector or of voting at any election, or of being a candidate for election to the Cayman Islands Parliament, or if elected before that person’s conviction, of retaining that person’s seat as a member.
In the event of any appeal by any person convicted of an illegal practice under any provision of this Act, the incapacity shall continue until the appeal is determined and thereafter, unless the conviction is quashed, remain in force for a period of five years from the determination of the appeal except the Court hearing the appeal shall direct that the period of five years shall run from the date of conviction.
Any person making or publishing any false statement of fact as provided in paragraph (d) of subsection (1) may be restrained by interim or perpetual injunction by the Grand Court from any repetition of that false statement or of a false statement of a similar character in relation to the candidate and for the purpose of granting an interim injunction prima facie proof of the falsity of the statement shall be sufficient.