Samoa

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1. Is there a ban on donations from foreign interests to political parties?
  • CodeNo data
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2. Is there a ban on donations from foreign interests to candidates?
  • CodeNo
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    This candidate grew up in New Zealand but had a vision of helping her village in Samoa…. In 2013 she set up an electoral committee with 20 members. With 12 of them, she went to NZ to fund raise funds,  obtaining WST$25,000.

    Source: Fiti-Sinclair, Ruta, Schoeffel, Penelope and Meleisea, Malama – Women and Political participation – The 2016 Election in Samoa, Centre for Samoan Studies, National University of Samoa, Apia 2017

3. Is there a ban on corporate donations to political parties?
  • CodeNo data
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4. Is there a ban on corporate donations to candidates?
  • CodeNo data
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5. Is there a ban on donations from Trade Unions to political parties?
  • CodeNo data
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6. Is there a ban on donations from Trade Unions to candidates?
  • CodeNo data
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7. Is there a ban on anonymous donations to political parties?
  • CodeNo data
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8. Is there a ban on anonymous donations to candidates?
  • CodeNo data
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9. Is there a ban on donations from corporations with government contracts to political parties?
  • CodeNo data
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10. Is there a ban on donations from corporations with government contracts to candidates?
  • CodeNo data
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11. Is there a ban on donations from corporations with partial government ownership to political parties?
  • CodeNo data
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12. Is there a ban on donations from corporations with partial government ownership to candidates?
  • CodeNo data
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13. Is there a ban on the use of state resources in favour or against a political party or candidate?
  • CodeYes
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    There is a specific ban on using government vehicles in support of a candidate. Under the Public Service Act there is a requirement that public service employees use government resources properly.

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    6. Use of vehicles for elections-(1) A person must not use a vehicle for an activity relating to elections or to facilitate a person who intends to run for elections as a Member of Parliament.

    (2) Subregulation (1) does not apply to the use of vehicle for the electoral functions, duties and powers of the Electoral Commissioner, his or her staff and any assistant working under the Commissioner’s direction after hours during elections.

    (3) Any person who contravenes subregulation (1) commits an offence and is liable to a fine of 1 penalty unit.

    Source: Article 6, Public Finance Management (Government Vehicles) Regulations 2015

    19. Code of Conduct – An employee and a Chief Executive Officer shall:

    (a) be honest and impartial; and

    (b) work carefully and diligently; and

    (c) treat everyone with respect and courtesy and without coercion or harassment; and

    (d) comply with all laws that apply to them; and

    (e) comply with all lawful and reasonable directions given to them by persons who have authority to give those directions; and

    (f) disclose, and take all reasonable steps to avoid, any real or apparent conflicts of interest in relation to their employment; and

    (g) use Government resources properly; and

    (h) use official information only for official purposes; and

    (i) act with integrity and not misuse their status or authority to seek or obtain a benefit for themselves or any other person or body; and

    (j) uphold the values of the public service set out in section 17; and

    (k) comply with any other conduct requirements set out in the regulations; and

    (l) uphold the good reputation of the public service.

    Source: Article 19, Part 4, Public Service Act 2004 consolidated as at December 2018

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
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15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
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16. Is there a limit on the amount a donor can contribute to a political party during an election?
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17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
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18. Is there a limit on the amount a donor can contribute to a candidate?
  • CodeNo data
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19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • CodeNo data
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20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeNo data
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21. Is there a limit on in-kind donations to political parties?
  • CodeNo data
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22. Is there a limit on in-kind donations to candidates?
  • CodeNo data
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23. Is there a ban on political parties engaging in commercial activities?
  • CodeNo data
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24. Is there a ban on political parties taking loans in relation to election campaigns?
  • CodeNo data
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25. Is there a ban on candidates taking loans in relation to election campaigns?
  • CodeNo data
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26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
  • CodeNo data
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27. Are there provisions requiring donations to go through the banking system?
  • CodeNo data
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Question Value
28. Are there provisions for direct public funding to political parties?
  • CodeNo data
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29. What are the eligibility criteria for political parties to receive public funding?
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30. What is the allocation calculation for political parties to receive public funding?
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31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
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32. Are there provisions for free or subsidized access to media for political parties?
  • CodeNo data
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33. What criteria determine allocation for free or subsidized access to media for political parties?
  • CodeNo data
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34. Are there provisions for free or subsidized access to media for candidates?
  • CodeNo data
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35. Are there provisions for any other form of indirect public funding?
  • CodeNo data
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36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
  • CodeNo data
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37. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeNo
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    Candidate suggested that women should be motivated and educated to voice their opinions and stand for what is right for them and Samoa; candidate also thought that there should be special funding available for women who are thinking about running to help support their campaigns financially.

    Source: Meleisea, Malama, Meredith, Measina, Mow, Muagututi’a Iona Chan, Schoeffel, Penelope, Lauana, Semau Ausage, Sasa, Hobert and Boodoosingh, Ramona, Sahib, Mihammed Political Representation and Women’s Empowerment in Samoa, Volume 2 Methods and Results, p143  Centre for Samoan Studies, National University of Samoa, Apia, July 2015

Question Value
38. Is there a ban on vote buying?
  • CodeYes
  • Comment

    While vote buying is illegal under provisions banning bribery and treating, there are some exceptions for funerals and for culturally appropriate gifts made during specified time periods: for O'o and Momoli for gifts made within the period of 2 years from the declaration of the election result; and for Tautua fa'aauau the gift must not be excessive and generally cannot be made within the period of 90 days before election day.

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    Bribery:
    (1) In this section, “voter” includes a person who has or claims to have a right to vote.
    (2) A person commits the offence of bribery who, directly or indirectly in person or by any other person on his or her behalf either before, during or after voting:

    (a) gives any money or obtains an office to or for -
    (i) a voter;
    (ii) any other person on behalf of a voter; or
    (iii) any other person, in order to induce a voter to vote or refrain from voting; or
    (b) does any act as a result of a voter having voted or refrained from voting; or
    (c) offers a gift to a person in order to induce that person to obtain, or endeavour to obtain, the return of a person at an election or the vote of a voter; or
    (d) in receipt of a gift whether tangible or not, obtains, engages, promises, or attempts to obtain, the return of a person at an election or the vote of a voter; or
    (e) advances or pays or causes to be paid any money to or for the use of any other person with the intent that that money is to be expended in bribery at an election; or
    (f) knowingly pays or causes to be paid any money to a person in discharge or repayment of any money wholly or in part spent on bribery at an election.
    (3) For the purposes of this section:
    (a) references to giving money includes references to giving, lending, agreeing to give or lend, offering, promising, or promising to obtain or endeavour to obtain, any money or valuable consideration;
    (b) references to obtaining an office includes references to giving, procuring, agreeing to give or procure or to endeavour to procure, an office, place, or employment.
    (4) Subsections (5) and (6) do not extend to any money paid or agreed to be paid for or on account of any legal expenses incurred in good faith at or for an election.
    (5) A voter commits the offence of bribery if before or during an election he or she directly or indirectly, by himself or herself or by any other person on his or her behalf, receives, or agrees or contracts for, any money, gift, loan, or valuable consideration, office, place, or employment for himself or herself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting.
    (6) A person commits the offence of bribery if after an election he or she directly or indirectly, by himself or herself or by any other person on his or her behalf, receives any money or valuable consideration on account of a person having voted or refrained from voting or having induced any other person to vote or refrain from voting.

    Source: Article 96 , Electoral Act No 7 of 2019

     

    Treating:
    (1) A person commits the offence of treating who in person or by any other person on that person’s behalf, either before, during, or after an election, directly or indirectly gives or provides, or pays wholly or in part:
    (a) the expense of giving or providing any food, drink, entertainment, or provision to or for a person -
    (i) for the purpose of corruptly influencing that person or any other person to vote or refrain from voting; or
    (ii) for the purpose of corruptly procuring himself or herself to be elected; or
    (iii) on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting; or
    (b) transportation to and from -
    (i) the Office of the Electoral Commission or any other place, of voters for the purpose of carrying out registration for such voters; or
    (ii) a polling booth of a voter for the purpose of that voter casting his or her vote.

    2) A voter who corruptly accepts or takes any such food, drink, entertainment, or provision also commits the offence of treating.

    Source: Article 97, Electoral Act No 7 of 2019

     

    Illegal activities during period of election:
    (1) In this section, “period of election” means the period during an election or by-election, commencing on the day after the Commissioner gives public notice of polling day and ending at the close of the Poll on polling day.
    (2) A candidate who during a period of election directly or indirectly, in person or through another person gives food, beverage, money or other valuable to a voter at a ceremony or activity is guilty of an illegal practice.
    (3) A voter who during a period of election obtains or attempts to obtain, directly or indirectly in person or through a person, any food, beverage, money or other valuable from a candidate for election, is guilty of an illegal practice.

    (4) Despite subsections (2) and (3) it is not an illegal practice if the act referred to under those subsections is carried out at a funeral.

     

    Source: Article 100, Electoral Act No 7 2019

     

    Conduct of O’o and Momoli:
    Despite this Act, the presentation of the traditional O’o and Momoli by a Candidate or Member or a Candidate’s or Member’s representative respectively to a village or a Constituency is not considered as treating, bribery or an illegal or corrupt activity if it is presented within two (2) years after the date of the declaration of results of a poll under section 84.

     

    Source: Article 101, Electoral Act No 7 of 2019

    Tautua fa’aauau:
    (1) Despite provisions of this Act, the conduct of tautua fa’aauau, by a Member or his or her representative, a Candidate or his or her representative is not an offence under this Part.
    (2) “Tautua fa’aauau” is:
    (a) an action that is culturally appropriate and expected and includes a service normally provided by a person; or
    (b) not excessive in circumstances; or
    (c) service to faifeau; or
    (d) not a O’o and momoli;
    (3) With the exception of subsection (2)(c), tautua fa’aauau must not be conducted within 90 days before polling day.

    (4) A person in breach of subsection (3) commits an offence if a person knowingly commits an act of tautua fa’aauau within 90 days before polling day, and is liable upon conviction to a fine not exceeding 20 penalty units or to imprisonment for a term not exceeding two (2) years imprisonment.

    Source: Article 102, Electoral Act No 7 of 2019

     

     

     

39. Are there limits on the amount a political party can spend?
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40. If there are limits on the amount a political party can spend, what is the limit?
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41. Are there limits on the amount a candidate can spend?
  • CodeNo data
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42. If there are limits on the amount a candidate can spend, what is the limit?
  • CodeNo data
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43. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeNo data
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44. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeNo data
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45. Are there limits on online media advertising spending in relation to election campaigns?
  • CodeNo
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46. Do any other restrictions on online media advertisement (beyond limits) exist?
  • CodeNo
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    Legal framework explicitly authorises use for campaigning of any 'electronic devices ' with no restrictions

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    Approved methods:

    (c) oral or filmed presentations or speeches using any mode of communication available which includes electronic devices.
    (3) In this section “electronic devices” means any device that can be used to promote a candidate’s message for elections.

    Source: Article 42, Electoral Act No 7 of 2019

Question Value
47. Do political parties have to report regularly on their finances?
  • CodeNo
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    However, there is no legislative or administrative requirement to file, disclose or access information with regard to the funding of political parties, electoral campaigns and expenditure other than those disclosed for the taxation purposes.

    Source: ADB/OECD Anti- Corruption Initiative for Asia and the Pacific, Combating corruption in Asia-Pacific: Samoa’s measures to implement the Anti-Corruption Action Plan for Asia-Pacific, in Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific Reports to the Steering Group (8th – 12th Steering Group meeting) ADB/OECD, November 2008

48. Do political parties have to report on their election campaign finances?
  • CodeNo
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    However, there is no legislative or administrative requirement to file, disclose or access information with regard to the funding of political parties, electoral campaigns and expenditure other than those disclosed for the taxation purposes.

    Source: ADB/OECD Anti- Corruption Initiative for Asia and the Pacific, Combating corruption in Asia-Pacific: Samoa’s measures to implement the Anti-Corruption Action Plan for Asia-Pacific, in Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific Reports to the Steering Group (8th – 12th Steering Group meeting) ADB/OECD, November 2008

49. Do candidates have to report on their election campaign finances?
  • CodeNo
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    However, there is no legislative or administrative requirement to file, disclose or access information with regard to the funding of political parties, electoral campaigns and expenditure other than those disclosed for the taxation purposes.

    Source: ADB/OECD Anti- Corruption Initiative for Asia and the Pacific, Combating corruption in Asia-Pacific: Samoa’s measures to implement the Anti-Corruption Action Plan for Asia-Pacific, in Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific Reports to the Steering Group (8th – 12th Steering Group meeting) ADB/OECD, November 2008

50. Do third parties have to report on election campaign finances?
  • CodeNo
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    However, there is no legislative or administrative requirement to file, disclose or access information with regard to the funding of political parties, electoral campaigns and expenditure other than those disclosed for the taxation purposes.

    Source: ADB/OECD Anti- Corruption Initiative for Asia and the Pacific, Combating corruption in Asia-Pacific: Samoa’s measures to implement the Anti-Corruption Action Plan for Asia-Pacific, in Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific Reports to the Steering Group (8th – 12th Steering Group meeting) ADB/OECD, November 2008

51. Is information in reports from political parties and/or candidates to be made public?
  • CodeNo
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    However, there is no legislative or administrative requirement to file, disclose or access information with regard to the funding of political parties, electoral campaigns and expenditure other than those disclosed for the taxation purposes.

    Source: ADB/OECD Anti- Corruption Initiative for Asia and the Pacific, Combating corruption in Asia-Pacific: Samoa’s measures to implement the Anti-Corruption Action Plan for Asia-Pacific, in Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific Reports to the Steering Group (8th – 12th Steering Group meeting) ADB/OECD, November 2008

52. Must reports from political parties and/or candidates reveal the identity of donors?
  • CodeNo
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    However, there is no legislative or administrative requirement to file, disclose or access information with regard to the funding of political parties, electoral campaigns and expenditure other than those disclosed for the taxation purposes.

    Source: ADB/OECD Anti- Corruption Initiative for Asia and the Pacific, Combating corruption in Asia-Pacific: Samoa’s measures to implement the Anti-Corruption Action Plan for Asia-Pacific, in Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific Reports to the Steering Group (8th – 12th Steering Group meeting) ADB/OECD, November 2008

53. Must reports from political parties and/or candidates include information on itemized income?
  • CodeNo
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    However, there is no legislative or administrative requirement to file, disclose or access information with regard to the funding of political parties, electoral campaigns and expenditure other than those disclosed for the taxation purposes.

    Source: ADB/OECD Anti- Corruption Initiative for Asia and the Pacific, Combating corruption in Asia-Pacific: Samoa’s measures to implement the Anti-Corruption Action Plan for Asia-Pacific, in Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific Reports to the Steering Group (8th – 12th Steering Group meeting) ADB/OECD, November 2008

54. Must reports from political parties and/or candidates include information on itemized spending?
  • CodeNo
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    However, there is no legislative or administrative requirement to file, disclose or access information with regard to the funding of political parties, electoral campaigns and expenditure other than those disclosed for the taxation purposes.

    Source: ADB/OECD Anti- Corruption Initiative for Asia and the Pacific, Combating corruption in Asia-Pacific: Samoa’s measures to implement the Anti-Corruption Action Plan for Asia-Pacific, in Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific Reports to the Steering Group (8th – 12th Steering Group meeting) ADB/OECD, November 2008

55. Which institution(s) receives financial reports from political parties and/or candidates?
  • CodeNot applicable
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    However, there is no legislative or administrative requirement to file, disclose or access information with regard to the funding of political parties, electoral campaigns and expenditure other than those disclosed for the taxation purposes.

    Source: ADB/OECD Anti- Corruption Initiative for Asia and the Pacific, Combating corruption in Asia-Pacific: Samoa’s measures to implement the Anti-Corruption Action Plan for Asia-Pacific, in Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific Reports to the Steering Group (8th – 12th Steering Group meeting) ADB/OECD, November 2008

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeNo
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    However, there is no legislative or administrative requirement to file, disclose or access information with regard to the funding of political parties, electoral campaigns and expenditure other than those disclosed for the taxation purposes.

    Source: ADB/OECD Anti- Corruption Initiative for Asia and the Pacific, Combating corruption in Asia-Pacific: Samoa’s measures to implement the Anti-Corruption Action Plan for Asia-Pacific, in Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific Reports to the Steering Group (8th – 12th Steering Group meeting) ADB/OECD, November 2008

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
  • Code Not applicable
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    However, there is no legislative or administrative requirement to file, disclose or access information with regard to the funding of political parties, electoral campaigns and expenditure other than those disclosed for the taxation purposes.

    Source: ADB/OECD Anti- Corruption Initiative for Asia and the Pacific, Combating corruption in Asia-Pacific: Samoa’s measures to implement the Anti-Corruption Action Plan for Asia-Pacific, in Steps taken to implement the Anti-Corruption Action Plan for Asia-Pacific Reports to the Steering Group (8th – 12th Steering Group meeting) ADB/OECD, November 2008

         
       

     

58. What sanctions are provided for political finance infractions?
  • CodeFines | Prison | Loss of nomination of candidate
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    Penalties exist for corrupt practices of bribery and treating and illegal practices of making gifts to a voter at a ceremony or activity during the election period. There is no data available on any other regulation of political finance

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    Penalty for corrupt or illegal practice:
    (1) A person who commits the offence of a corrupt practice is liable on conviction to imprisonment for a term not less than two (2) years and not exceeding four (4) years or to a fine not less than 20 penalty units and not exceeding 50 penalty units, or both.
    (2) A person who commits the offence of illegal practice is liable on conviction to imprisonment for a term not exceeding three (3) years or to a fine not exceeding 20 penalty units, or both.
    (3) A conviction under this Part is to be recorded as a criminal conviction by the Police Service and Prison Service.

    Source:  Article 103,  Electoral Act, Act 7 of 2019

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