Electoral Act 1993

Corrupt and illegal practices - Corrupt practices

215: Personation

You could also call this:

"Voting as someone else or more than once is against the law"

If you pretend to be someone else to vote, you are committing a corrupt practice. You do this if you vote as someone who is alive, dead, or not a real person. You also commit this offence if you vote more than once in the same election, or if you vote in different areas during the same general election.

If you ask for a ballot paper, try to vote as a special voter, or mark a ballot paper, you are considered to have voted. The Electoral Commission will report you to the New Zealand Police if they think you have broken this rule.

The Electoral Commission has a role to play when they think someone has committed an offence against this section, and they will report this to the New Zealand Police, as stated in the Electoral Amendment Act 2017 and the Electoral (Administration) Amendment Act 2011.

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This page was last updated on 18 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM310399.

Topics:

Government and voting > ElectionsCrime and justice > Criminal law

214L: Obligation to retain records necessary to verify returns, or

"Keeping loan records to check election returns"

216: Bribery, or

"Bribery: giving or getting something to influence how someone votes"

Part 7Corrupt and illegal practices
Corrupt practices

215Personation

Every person is guilty of a corrupt practice who commits, or aids or abets, counsels, or procures the commission of, the offence of personation.
Every person commits the offence of personation who—
votes as some other person, whether that person is living or dead or is a fictitious person; or
having voted at any election, votes again at the same election; or
having voted at an election in any district at a general election, votes at an election in another district at the same general election.

For the purposes of this section, a person shall be deemed to have voted if he or she has applied for a ballot paper for himself or herself, or has applied to vote as a special voter, or has marked a ballot paper for himself or herself, whether validly or not.
Where the Electoral Commission believes that any person has committed an offence against this section, the Electoral Commission shall report the facts on which that belief is based to the New Zealand Police.

Notes

Section 215(4): amended, on 21 March 2017, by section 105 of the Electoral Amendment Act 2017 (2017 No 9).
Section 215(4): amended, on 17 August 2011, by section 25 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).