Electoral Act 1993

Elections - Offences at elections

201: Offences in respect of ballot papers and ballot boxes

You could also call this:

"Breaking the rules about voting papers and boxes is against the law"

Illustration for Electoral Act 1993

If you do certain things with ballot papers or ballot boxes, you commit an offence. This includes forging or destroying ballot papers, or putting fake papers in a ballot box. You also commit an offence if you take ballot papers out of a polling place without permission, or interfere with ballot boxes or papers without due authority. If you are a Returning Officer or a polling place official, you can be imprisoned for up to 2 years if you commit one of these offences. If you are anyone else, you can be imprisoned for up to 6 months. You can also be in trouble if you try to commit one of these offences, and you will be guilty of a corrupt practice if you commit or try to commit one of these offences.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM310078.


Previous

200: Erasing and altering official mark on ballot paper, or

"Don't alter or fake official marks on ballot papers or you could get a fine."


Next

202: Property to be stated as being in Electoral Commission, or

"When election things are used wrongly, the court says they belong to the Electoral Commission."

Part 6Elections
Offences at elections

201Offences in respect of ballot papers and ballot boxes

  1. Every person commits an offence against this section who—

  2. forges, or counterfeits, or fraudulently defaces, or fraudulently destroys any ballot paper, or the official mark on any ballot paper:
    1. without due authority supplies any ballot paper to any person:
      1. fraudulently puts into any ballot box any paper other than the ballot paper that he or she is authorised by law to put therein:
        1. fraudulently takes out of a polling place any ballot paper:
          1. without due authority destroys, takes, opens, or otherwise interferes with any ballot box, or box or packet or parcel of ballot papers, then in use for the purposes of an election, or in course of transmission by post or otherwise, or thereafter whenever the same may be kept as a record of the election.
            1. Every person who commits an offence against this section shall be liable on conviction,—

            2. if a Returning Officer or a polling place official in attendance at a polling place, to imprisonment for a term not exceeding 2 years:
              1. if any other person, to imprisonment for a term not exceeding 6 months.
                1. Every person who attempts to commit any offence against this section shall be liable on conviction to imprisonment for a term not exceeding one-half of the longest term to which a person committing the offence may be sentenced.

                2. Every person who commits an offence against this section or who attempts to commit an offence against this section is guilty of a corrupt practice.

                Notes
                • Section 201(1)(a): amended, on , by section 71(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).
                • Section 201(1)(b): amended, on , by section 71(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).
                • Section 201(1)(c): amended, on , by section 71(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).
                • Section 201(1)(d): amended, on , by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).
                • Section 201(1)(d): amended, on , by section 71(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).
                • Section 201(1)(e): amended, on , by section 71(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).
                • Section 201(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                • Section 201(2)(a): substituted, on , by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).
                • Section 201(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).