Category A offences

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Lautoka residents rush to register for voting outside the Sugar City Mall. Picture: BALJEET SINGH

Electoral (Local Government Elections) Regulations 2025 lays down some of the toughest offences for conduct that strikes at the heart of voting: bribery, undue influence, impersonation, and ballot interference.

Bribery is treated as a Category A offence. The Regulations criminalise both sides of the deal: anyone who asks for or receives a benefit on the understanding that their vote, candidacy, or support will be influenced, and anyone who gives or offers a benefit to influence another person’s vote, candidacy, or political support. A major carve-out is included: the rule does not apply to legitimate public policy declarations or promises of public action.

Undue influence is also a Category A offence. Any conduct that hinders or interferes with another person’s free exercise of political rights relevant to an election can fall under this provision – capturing intimidation and coercion even where no money changes hands.

Personation – election impersonation is likewise a Category A offence. It covers applying for a ballot in another person’s name (including deceased or fictitious persons), attempting to vote again after already voting, and even knowingly impersonating an election official.

Ballot-related offences are treated as among the most severe. Except where the Regulations expressly allow it, anyone other than the voter who marks a voter’s ballot paper commits a Category A offence. It is also illegal to publish or distribute material intended to encourage voters to complete ballot papers in ways that break the rules, whether through printed instructions, gestures, or spoken encouragement.

Interfering with ballot boxes is another high-level offence. Putting unauthorised papers into a ballot box, removing ballots from a polling station, or tampering with ballot boxes or packets of ballots is a Category A offence though the Regulations allow a narrower Category B outcome for a voter who proves an extra paper was inserted by genuine error.