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ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 94

Report as to candidate guilty of a corrupt or illegal practice.

94.(1) The report of an election court under section seventy-seven or section
eighty-one shall state whether any corrupt or illegal practice has or has not
been proved to have been committed by or with the knowledge and consent of any
candidate at the election, and the nature of the corrupt or illegal practice.

(2) For the purposes of sections ninety-five and ninety-six, if it is reported
that a corrupt or illegal practice was committed with the knowledge and
consent of a candidate, he shall be treated as having been reported personally
guilty of that corrupt or illegal practice.

(3) The report shall also state whether any of the candidates has been guilty
by his agents of any corrupt or illegal practice in reference to the election;
but if a candidate is reported guilty by his agents of treating, undue
influence or any illegal practice, and the court further reports that the
candidate has proved to the court

(a)that no corrupt or illegal practice was committed at the election by the
candidate or his election agent and the offences mentioned in the report were
committed contrary to the orders and without the sanction or connivance of the
candidate or his election agent; and

(b)that the candidate and his election agent took all reasonable means for
preventing the commission of corrupt and illegal practices at the election;
and

(c)that the offences mentioned in the report were of a trivial, unimportant
and limited character; and

(d)that in all other respects the election was free from any corrupt or
illegal practice on the part of the candidate and of his agents;

(4) The provisions of sections ninety-five and ninety-six as to the
consequences of the report that a candidate was guilty by his agents of a
corrupt or illegal practice shall have effect subject to the express
provisions of this Act relating to particular acts which are declared to be
corrupt or illegal practices.


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© 1962 Crown Copyright

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