Plain language law

New Zealand law explained for everyone

Electoral Act 1993

Election petitions - Trial of election petition

239: Votes to be struck off for corrupt practices

You could also call this:

"What happens to votes when someone cheats in an election"

Illustration for Electoral Act 1993

If you are looking at what happens when someone cheats in an election, the court checks the votes. You get in trouble if you bribe, treat, or influence people to vote for you. When the court finds out you did this, they take away some of your votes, one vote for each person you cheated.

You can read more about this in section 229(3) which explains what happens during the trial of an election petition. The court's decision affects how many votes you really got.

The court looks at each person who was bribed, treated, or influenced and takes away a vote for each one, this is what happens when a candidate is found guilty of corrupt practices.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM310442.

Topics:
Government and voting > ElectionsCrime and justice > Criminal law
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238: Avoidance of election for general corruption, or

"If bad things happen in an election and change the result, the winner might lose their seat."

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240: Real justice to be observed, or

"The court must be fair and make good decisions, even if it means not following all the rules."

Part 8Election petitions
Trial of election petition

239Votes to be struck off for corrupt practices

  1. Where, on the trial of an election petition to which section 229(3) applies claiming the seat for any person, a constituency candidate is reported by the High Court to have been proved guilty of bribery, treating, or undue influence in respect of any person who voted at the election, there shall, on a scrutiny, be struck off from the number of votes appearing to have been received by the candidate 1 vote for every person who voted at the election and is reported to have been proved to have been so bribed, treated, or unduly influenced.