Section 95Part 9 — Election Offences
Definition of bribery
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95. (1) The following persons shall be deemed to have committed the offence of bribery under this Act —
every person who, directly or indirectly, by themselves or by any other person on that person’s 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 elector, or to or for any person on behalf of any elector, or to or for any other person in order to induce any elector to vote or refrain from voting, or corruptly does any such act as aforesaid on account of any elector having voted or refrained from voting at any election;
every person who, directly or indirectly, by themselves or by any other person on that person’s 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 elector, or to or for any person on behalf of any elector, or to or for any other person in order to induce such elector to vote or refrain from voting, or corruptly does any such act as aforesaid on account of any elector having voted or refrained from voting at any election;
every person who, directly or indirectly, by themselves or by any other person on that person’s behalf, makes any such gift, loan, offer, promise, procurement or agreement as aforesaid to or for any person, in order to induce such person to procure or endeavour to procure, the return of any person as an elected member of the Cayman Islands Parliament, or the vote of any elector at any election;
every person who, upon or in consequence of any such gift, loan, offer, promise, procurement or agreement, procures or engages, promises or endeavours to procure the return of any person as an elected member of the Cayman Islands Parliament, or the vote of any elector at any election;
every person who advances, or pays or causes to be paid, any money or valuable consideration to or to the use of any other person with the intent that such money or valuable consideration, or any part thereof, shall be expended in bribery at any election, or who knowingly pays or causes to be paid any money or money’s worth to any person in discharge or repayment of any money wholly or in part expended in bribery at any such election;
every elector who, before or during any election, directly or indirectly, by themselves, or by any other person on that person’s behalf, receives, agrees or contracts for any money, gift, loan or valuable consideration, office, place or employment for themselves or for any other person, for voting or Section 96 Elections Act (2022 Revision) Page 62 Revised as at 31st December, 2021 c agreeing to vote, or for refraining or agreeing to refrain from voting at any election; and
every person who, after any election, directly or indirectly, by themselves, or by any other person on that person’s behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting, or having induced any other person to vote or refrain from voting at any such election.
Subsection (1) shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any lawful expenses incurred in good faith at or concerning an election.
For the purpose of this section, “lawful expenses” include —
payment of the agents, clerks, canvassers and messengers of candidates;
payments made for the purpose of hiring vehicles for the conveyance of electors to or from a polling station;
payments made for the use of any premises for a public meeting in furtherance of the candidature of any person or for the use of any committee room or office for the purpose of promoting or procuring the election of a candidate; and
payments made in respect of postage, stationery, printing, advertising, the distribution of advertising material and the use of any public address system.