Commentary on Sections Offences related to absent voting Section 39 Undue influence
248.This section amends section 115 of the 1983 Act (undue influence) and addresses attempts by persons to exert undue influence that do not prove to be successful. The amendment will remedy the fact that unsuccessful attempts at preventing the free exercise of the franchise or prevailing upon an elector to vote or to refrain from voting may not at present amount to the corrupt practice of undue influence. The lacuna was identified in the 1992 case of R v. Rowe ex parte Mainwairing. The case related to the circulation of a fraudulent pamphlet that was designed to mislead electors into voting against, or withdrawing their support from, the opposing party’s candidates. The persons responsible could not be penalised because it could not be proved that the pamphlet had had this result.