Election bribes

Is it an offence for a political party to fly in voters from the USA, Europe and the Caribbean to vote in Anguilla’s upcoming elections?  A lawyer’s answer might be that it is not an offence if such generosity is not caught by section 73 of the Elections Act.  You can read the section for yourself, and be the judge.  The relevant part of section 73 reads:

Bribery

73. (1) The following persons are guilty of bribery within the meaning of this Act

(a) every person who, directly or indirectly, by himself or by any other person on his behalf, gives, lends, or agrees to give or lend, or offers, promises, or promises to procure or to endeavour to procure any money or valuable consideration to or for any voter, or to or for any person on behalf of any voter, or to or for any other person in order lo induce any voter to vote or refrain from voting, or corruptly does any of those acts on account of any voter having voted or refrained from voting at any election;

(b) every person who, directly or indirectly, by himself or by any other person on his behalf, gives or procures, or agrees to give or to procure, or offers, promises, or promises to procure or to endeavour to procure, any office, place or employment to or for any voter, or to or for any person on behalf of any voter, or to or for any other person in order to induce the voter to vote or refrain from voting, or corruptly does any of those acts on account of any voter having voted or refrained from voting at any election; . . .

Paragraphs (a) and (b) set out the two most important bribery offences for the purpose of elections.  There are several other more specialised forms of bribery, but we need not look at them here.  The two main offences under section 73 are the paying or promising to pay any money or other valuable consideration to any person to induce any person to vote for a particular candidate, or to refrain from voting for any particular candidate.  That would clearly include a gift of cash, or a fridge, or a TV set.  Any person who is offered any cash or other gift to secure his or her vote should make a report to a senior police officer, and to his candidate.  Any person who knows of any bribe that has been given to any other person to induce them to vote a particular way, has a legal duty to report that situation to a senior police officer. 

This corrupt transaction happens routinely in every Anguillian general election.  We all wink knowingly at each other and discuss the various truck loads of building material and household equipment that is alleged to be supplied by some candidates in order to induce their constituents to vote for them on election day.  This is bribery, and it should be reported to the police and to your candidate when you have evidence of it happening.

A gift of an airfare is no different to the gift of a fridge.  We all know of cases where it has been alleged that certain politicians pay the airfare for their supporters living in other countries to come home for a holiday at election time and to vote for them.  This paying of airfare is bribery under section 73 of the Act, as it amounts to the prohibited “any other valuable consideration” given in order to induce the voter to vote a certain way. 

Where there is any evidence that airfares have been paid by a political party for persons to return to Anguilla to vote, it should be reported to a senior police officer.  Report it as well to your candidate, so that he or she can not only begin to prepare an election petition in case the election is stolen, but also for the purpose of getting on the back of the police to ensure that they do an investigation and bring any necessary prosecution.

            Paragraph (b) deals with the bribe of offering to get a job, or place of employment, for any voter in order to induce the voter to vote or to refrain from voting in a particular way.  Any campaigner who makes such a promise, or pays such a bribe on behalf of the candidate, makes the candidate liable if the court is satisfied that the candidate knew about it. 

If you have information of any of these offences being committed, report it to a senior police officer and to your candidate.  The penalty for bribery is a fine of $19,200.00 or a term of imprisonment of 6 months.  Additionally, any person convicted of bribery is disqualified from being registered as a voter or as a candidate for elections for a period of 7 years.  If a candidate is convicted for bribery after he has been elected, he loses his seat and cannot stand in elections again for 7 years.