Election law. Inducements to vote.

krd

I heard Ivan Yates on the radio recently claim that while he was campaigning, he used to buy drinks for constituents.

Is that actually legal under Irish law?

I had an idea it wasn't but I may have confused it with something I've heard about somewhere else.

Tom Young

krd wrote: »

.... to buy drinks for constituents.

Is that actually legal under Irish law?

I had an idea it wasn't but I may have confused it with something I've heard about somewhere else.

Buying drink is legal, from a licensed premises and with the requisite criteria to undertake such a transaction. Accepting drink is legal. Buying drink to entice folks to vote might be immoral but I am not sure if inducements like that are illegal.

krd

I have heard of it being illegal. But not sure it applies in Ireland.

I'm trying to remember where it applies to. I think I've heard it applying in the US. Canvassing politicians not being allowed to give any inducements like buying drinks, meals, etc. I think it may apply in the UK.

I know Charlie Haughey, on election days used to buy a pint for everyone who was in a pub in North Dublin.

dermot_sheehan

S. 135 Electoral Act 1992
http://www.irishstatutebook.ie/1992/en/act/pub/0023/sec0135.html#sec135

135.—(1) A person shall not, in relation to a Dáil election—

(a) give valuable consideration to induce a voter to vote, or to procure the election of any person or the vote of any voter, or on account of a voter having voted; or

(b) procure, by means of, or in consequence of, valuable consideration, the election of any person or the vote of any voter; or

(c) withdraw or refrain from withdrawing, in consequence of any valuable consideration, from being a candidate; or

(d) induce, by means of, or in consequence of, valuable consideration, any person to withdraw or to refrain from withdrawing from being a candidate; or

(e) receive, agree or contract to receive, valuable consideration for voting or agreeing to vote.

(2) A person who contravenes subsection (1) shall be guilty of an offence.

(3) A person who aids, abets, counsels or procures the commission of an offence under this section shall be guilty of an offence.

(4) In this section—

“give”, “induce” and “procure” include agreeing or promising or attempting to give, induce or procure, as the case may be, and whether directly or indirectly;

“valuable consideration” includes the giving, lending or agreeing to give or lend, or the offer or promise to procure or to attempt to procure, any money, money's worth or valuable security or any valuable consideration or any office, place or employment to or for any person;

“vote” includes voting in a particular way or refraining from voting.

Our man in Havana

So booze would not fall under the above.

Tom Young

gabhain7 wrote: »

S. 135 Electoral Act 1992
http://www.irishstatutebook.ie/1992/en/act/pub/0023/sec0135.html#sec135

I missed this. Valuable consideration!

SecondKnight

krd wrote: »

I know Charlie Haughey, on election days used to buy a pint for everyone who was in a pub in North Dublin.

Same with Fianna Fail TDs out my way.

krd

So, you can't promise a job to someone or offer them money in return for a vote.

But you can buy them a drink.

I haven't had time to do a full search but apparently it's illegal in Canada.

Vote Buying
It is an offence to offer inducements to vote. Inducements can include, but are not limited to:

* offers of money
* gifts
* valuable considerations
* refreshments
* entertainment
* employment
* or any other benefits

that rewards or persuades individuals to alter their voting behaviour. It is also an offence to accept the inducement for voting.

So in Canada at least it would not only illegal to buy a drink for a constituent - it would also be illegal for a constituent to accept it.

Tom Young

Valuable consideration is not defined in the Act but I'd assume it counts in terms of anything, incl. beers.

Kosseegan

krd wrote: »

I

I know Charlie Haughey, on election days used to buy a pint for everyone who was in a pub in North Dublin.

He used to go to pubs in between elections and tell the barman to give everyone in the pub a drink on him. It was usually done when there would not be too many in the pub.

krd

Charlie Haughey was loved by restaurant staff. He'd regularly tip as much as £100. I know people who were on the receiving end of his largess.


I think “valuable consideration” means any promise of a material reward for a vote. Such as offering government jobs or contracts, or grants for a vote.