Local Electoral Act 2001

Offences

123: Offences in respect of official documents

You could also call this:

"Breaking the rules about voting documents is against the law"

Illustration for Local Electoral Act 2001

You commit an offence if you intentionally remove or alter official marks on voting documents. You also commit an offence if you place fake marks on voting documents or forge them. You must not destroy or interfere with ballot boxes or voting documents without authority. You can be punished if you commit these offences. If you are an electoral officer, you can be imprisoned for up to 2 years. If you are not an electoral officer, you can be imprisoned for up to 6 months. The rules about punishing people who commit these offences were changed by the Criminal Procedure Act 2011 in 2013.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM94787.


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"Don't try to influence how someone votes, it's against the law."


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124: Voting offences, or

"Breaking the rules when voting can get you in trouble"

Part 7Offences

123Offences in respect of official documents

  1. Every person commits an offence who—

  2. intentionally removes, obliterates, or alters any official mark or official writing on any voting document, or other official document used at an election or poll:
    1. intentionally places any mark or writing that might be mistaken for an official mark or official writing on any voting document, or other official document used at an election or poll:
      1. forges, counterfeits, fraudulently marks, defaces, or fraudulently destroys any voting document, or other official document used at an election or poll, or the official mark on that document:
        1. supplies, without authority, a voting document to any person:
          1. obtains or has possession of any voting document, other than one issued to that person under this Act or any regulations made under this Act for the purpose of recording his or her vote, without authority:
            1. intentionally destroys, opens, or otherwise interferes with any ballot box or box or parcel of voting documents without authority.
              1. Every person who commits an offence against subsection (1) is liable on conviction,—

              2. in the case of an electoral officer or other electoral official, to imprisonment for a term not exceeding 2 years:
                1. in the case of any other person, to imprisonment for a term not exceeding 6 months.
                  Compare
                  • 1976 No 144 s 56(1)–(3)
                  Notes
                  • Section 123(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).