The Prevention of Electoral Abuses Act, 1923

Penalties for corrupt practices.

6.—(1) A person who commits any corrupt practice other than personation, or aiding, abetting, counselling, or procuring the commission of the offence of personation, shall on summary conviction be liable to be imprisoned, with or without hard labour, for a term not exceeding one year.

(2) A person who commits the offence of personation, or of aiding, abetting, counselling or procuring the commission of that offence shall—

(a) in the case of a first offence be liable, on summary conviction, to be imprisoned, with or without hard labour, for a term of not less than two months nor more than twelve months, and to be fined a sum not exceeding one hundred pounds;

(b) in the case of a second or any subsequent offence be liable, on summary conviction to be imprisoned, with or without hard labour, for a term of not less than six months and not more than twelve months and to be fined a sum not exceeding one hundred pounds, or on conviction on indictment to be imprisoned, with or without hard labour, for a term of not less than six months nor more than twelve months or to be sent to penal servitude for a term of three years, and in either case to be fined a sum of not exceeding two hundred pounds.

(3) A person who is convicted of any corrupt practice shall (in addition to the punishments mentioned in the foregoing sub-sections) be incapable during a period of seven years from the date of his conviction—

(a) of being registered as a Dáil, Seanad or Local Government elector; or

(b) of voting at a Dáil, Seanad or Local Government election or at a Referendum; or

(c) of voting at an election for any public office; or

(d) of holding any public or judicial office; and if any such person at the date of his conviction holds any public or judicial office, such office shall thereupon be vacated.

(4) A person who is convicted of any corrupt practice shall (in addition to the punishments and incapacities mentioned in the foregoing sub-sections) be incapable during a period of seven years from the date of his conviction of being a member of or elected to Dáil Eireann or Seanad Eireann or any local authority and if at the date of such conviction such person is a member of or has been elected to Dáil Eireann or Seanad Eireann or any Local Authority he shall as from such date cease to be a member thereof and his election thereto shall as from such date be void.

(5) In this section the expression “public office” means membership of any local authority, and the expression “judicial office” means the office of every judge who is required by Article 68 of the Constitution of Saorstát Eireann to be appointed by the Representative of the Crown on the advice of the Executive Council.