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Electoral Act 1993

Corrupt and illegal practices - Corrupt practices

218: Undue influence

You could also call this:

"Using threats or force to control how someone votes"

Illustration for Electoral Act 1993

You can be guilty of a corrupt practice if you use undue influence. Undue influence is when you use force or threats to make someone vote or not vote. You can also be guilty if you use force or threats because of how someone voted. You might use force or threats directly or indirectly, or through someone else. This can include trying to stop someone from voting freely. It can also include making someone vote or not vote for a particular person or party. If you try to stop someone from registering to vote, or make them register for a particular type of electoral district, you can be guilty of undue influence. You can be guilty even if you just threaten to use force, you do not have to actually use it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM310403.

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Topics:
Government and voting > ElectionsCrime and justice > Criminal law
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Part 7Corrupt and illegal practices
Corrupt practices

218Undue influence

  1. Every person is guilty of a corrupt practice who commits the offence of undue influence.

  2. A person commits the offence of undue influence if the person—

  3. directly, indirectly, or by an agent uses, or threatens to use, any force, violence, or restraint, or inflicts or threatens to inflict any injury, damage, harm, or loss upon or against any other person to induce or compel that other person to—
    1. vote or refrain from voting; or
      1. vote, or refrain from voting, for or against a particular candidate or party; or
        1. refrain from registering as an elector of an electoral district; or
          1. register on the roll for a General electoral district and not a Māori electoral district, or register on the roll for a Māori electoral district and not a General electoral district; or
          2. directly, indirectly, or by an agent uses, or threatens to use, any force, violence, or restraint, or inflicts or threatens to inflict any injury, damage, harm, or loss upon or against any other person on account of that other person having—
            1. voted or refrained from voting; or
              1. voted, or refrained from voting, for or against a particular candidate or party; or
                1. refrained from registering as an elector of an electoral district; or
                  1. registered on the roll for a General electoral district and not a Māori electoral district, or registered on the roll for a Māori electoral district and not a General electoral district; or
                  2. by abduction, duress, or any fraudulent means—
                    1. impedes or prevents the free exercise of the franchise of an elector; or
                      1. compels or induces an elector to vote or to refrain from voting; or
                        1. compels or induces a person to refrain from registering as an elector of an electoral district; or
                          1. compels or induces a person to register on the roll for a General electoral district and not a Māori electoral district, or to register on the roll for a Māori electoral district and not a General electoral district.

                          Notes
                          • Section 218(2): replaced, on , by section 48 of the Electoral Amendment Act 2025 (2025 No 82).