Part 1: Administration and Conduct of Elections Undue Influence Section 8: Undue influence
Section 115 of the RPA 1983 sets out the corrupt practice of undue influence. Section 8 (1) of this Act inserts new section 114A(1) to (7). Section 114A applies to all reserved and excepted elections instead of section 115. Section 115 RPA 1983 continues to apply in relation to elections in Scotland and Wales under the local government Act.
	New section 114A makes clear that a person ("P") will be guilty of undue influence if P carries out an activity listed in new section 114A(4) for a specific purpose. This purpose is either to induce or compel a person to vote in a particular way (e.g., for or against a particular candidate, political party or referendum question) or not to vote at all (new section 114A(2)(a)), or to impede more generally the free exercise of the franchise of a person (new section 114A(2)(b)).
	The phrase "for the purpose of" in new section 114A(2) shows that, as is currently the case, the intent of the person "P" carrying out the activity is key: it is enough to establish an intent to unduly influence a person, even if the activity was not actually successful in this regard.
	New section 114A(3) sets out that P will also be guilty of undue influence if P carries out an activity listed in new section 114A(4) because a person has voted in a particular way or not voted at all, or because P assumes that the person has done so. As is currently the case, undue influence is not limited to activities which occur before a person casts their vote; undue influence can also be exerted after a person casts their vote. Such activities may seek to influence future voting decisions by the same individual or, indirectly, influence the vote of others who have yet to make their voting decision.
	New section 114A(4) lists the seven categories of activity which may constitute undue influence. All activities are carried out in relation to "a person". Activity may in some circumstances constitute undue influence if carried out in relation to a person other than the person against whom undue influence is exerted (for example, an activity carried out against a family member of a person for the purpose of inducing that person to vote in a particular way).
	The seven categories of activity are:
Using (or threatening to use) physical violence including, but not limited to, physical restraint or abduction;
Damaging or destroying (or threatening to damage or destroy) property;
Damaging (or threatening to damage) a person’s reputation by, for example, disseminating information about a person;
Causing (or threatening to cause) financial or economic loss by, for example, boycotting business premises owned or operated by a person;
Causing spiritual injury to or placing undue spiritual pressure on a person.
Doing any other act designed to intimidate a person.
Deceiving a person in relation to the conduct or administration of an electoral event. This could be (for example): deception about the date of an electoral event or location of a polling station; deception as to the requirements and qualifications for voting; deception as to the mechanics of voting, such as the significance of placing a cross on a ballot.
	New section 114A(4)(e) relates to causing spiritual injury or placing undue spiritual pressure on a person. This is often, but not always, inflicted or exerted by those in a position of spiritual or religious authority. "Spiritual injury" includes (for example) the act of excluding a person from the membership of an organised belief system or banning them from attending a place of worship. "Undue spiritual pressure" includes (for example) threatening to cause spiritual injury to a person, as well as the suggestion that to vote or not vote for a particular candidate or party:
is a duty or obligation arising from the spiritual or religious beliefs that a person holds or purports to hold;
improves or reduces a person’s spiritual standing or wellbeing;
has specific spiritual consequences, either positive (e.g., going to "heaven" or similar) or negative (e.g., damnation);
has other consequences of a spiritual nature, such as exclusion from the membership of an organised belief system.
	However, there is a degree of spiritual influence inherent in all positions of religious or spiritual authority. It is only when this spiritual influence becomes a form of improper or inappropriate pressure that it amounts to "undue" spiritual influence. Therefore "undue spiritual pressure" does not include legitimate aspects of the enjoyment of the freedoms of thought, belief or expression, for example, a religious leader expressing their opinion on political or other matters that have implications for the principles of that religion, or the behaviour of religious groups for whom not voting is an established doctrinal position.
	New section 114A(4)(f) relates to all other acts which are designed to intimidate a person which are not covered by the first five categories. This covers other activities which amount to what would generally be considered to be intimidation but which do not neatly fit within one of the other specified categories of activities. New section 114A(4)(f) does not seek to exhaustively define the meaning of "intimidation"; it is ultimately for a court to be satisfied objectively whether or not a specific activity amounts to intimidation.
	New section 114A(5) provides that a person can carry out undue influence directly, jointly with other persons or indirectly via other persons acting on the person’s behalf (with that person’s authorisation or consent).
	New section 114A(6) provides that the activities which are set out in new section 114A(4)(f) and (g) can be carried out by act or omission.
	New section 114A(7) provides that section 114A does not apply to an election in Scotland or Wales under the local government Act.
	Section 8(2) amends section 115 of the RPA 1983, such that section 115 continues to apply to elections in Scotland or Wales under the local government Act.