Electoral (Amendment) Act 2004

Unlawful possession of polling information card.

35

35. —(1) A person shall be guilty of an offence if the person, without lawful authority—

(a) takes, destroys, conceals or otherwise interferes with a polling information card, or

(b) presents such a card at a polling station,

which is not addressed to the person in accordance with section 92 of the Act of 1992, section 23 of the Act of 1994, Rule 54 of the Second Schedule to the Act of 1997 F5[, Article 55 of the Regulations of 1995 or paragraph 40 of Part 1 of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024.]

(2) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding €3,500 or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 2 years or both.

Annotations

Amendments:

F5

Substituted (31.03.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), s. 42, S.I. No. 123 of 2024.

Editorial Notes:

E8

A fine of €3,500 translates into a class B fine, not greater than €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(2) and table ref. no. 1, S.I. No. 662 of 2010.