Election Offences Act · s 43

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43.
Election Offences
(1) On a scrutiny at the trial of an election petition the following votes only shall be struck off, namely-
(a) the vote of any person whose name was not on the register or list of electors assigned to the polling station at which the vote was recorded or who has not been authorised to vote at such sta-tion;
(b) the vote of any person whose vote was pro-cured by bribery, treating, or undue influence;
(c) the vote of any person who committed or procured the commission of personation at the election;
(d) where the election was an ordinary election, the vote of any person proved to have voted at such ordinary election in more than one consti-tuency, electoral ward or electoral district;
(e) the vote of any person, who, by reason of a conviction of a corrupt or illegal practice or by reason of the report of an Election Judge, or by reason of his conviction of an offence under sec-tion 3 was incapable of voting at the election;
(f) votes given for a disqualified candidate by a voter knowing that the candidate was disqualified or the facts causing the disqualification, or after sufficient public notice of the disqualification, or when the disqualification or the facts causing it were notorious.
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(2) The vote of a registered elector shall not, except in the case specified in paragraph (e) of subsection ( 1) of this section, be struck off at a scrutiny by reason only of the voter not having been or not being qualified to have his name entered on the register or list of electors.
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Election Offences
(3) On a scrutiny, any tendered vote proved to be a valid vote shall, on the application of any party to the peti-tion, be added to the poll.

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s 43Election Offences

(1)

On a scrutiny at the trial of an election petition the following votes only shall be struck off, namely-

(a)

the vote of any person whose name was not on the register or list of electors assigned to the polling station at which the vote was recorded or who has not been authorised to vote at such sta-tion;

(b)

the vote of any person whose vote was pro-cured by bribery, treating, or undue influence;

(c)

the vote of any person who committed or procured the commission of personation at the election;

(d)

where the election was an ordinary election, the vote of any person proved to have voted at such ordinary election in more than one consti-tuency, electoral ward or electoral district;

(e)

the vote of any person, who, by reason of a conviction of a corrupt or illegal practice or by reason of the report of an Election Judge, or by reason of his conviction of an offence under sec-tion 3 was incapable of voting at the election;

(f)

votes given for a disqualified candidate by a voter knowing that the candidate was disqualified or the facts causing the disqualification, or after sufficient public notice of the disqualification, or when the disqualification or the facts causing it were notorious.

(2)

The vote of a registered elector shall not, except in the case specified in paragraph (e) of subsection ( 1) of this section, be struck off at a scrutiny by reason only of the voter not having been or not being qualified to have his name entered on the register or list of electors.

Election Offences

(3)

On a scrutiny, any tendered vote proved to be a valid vote shall, on the application of any party to the peti-tion, be added to the poll.