38. Is there a ban on vote buying?
Sri Lanka
Source:
Sections 80 and 81, Provincial Councils Elections Act No. 2 of 1988
Parliamentary Elections Act
80. Bribery.
The following persons shall be deemed guilty of the offence of bribery—
(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 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 such elector having voted or refrained from voting at an election under this Act;
(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 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 an election under this Act;
(c) every person who, directly or indirectly by himself or by any other person on his 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 a Member of Parliament, or the vote of any elector at an election under this Act;
(d) 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 a Member of Parliament, or the vote of any elector at an election under this Act;
(e) every person who advances or pays or causes to be paid any money to or to the use of any other person with the intent that such money or any part thereof shall be expended in bribery at an election under this Act or who knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at such election;
(f) every elector who, before or during an election under this Act, directly or indirectly, by himself or by any other person on his behalf, receives, agrees, or contracts for any money, gift, loan, or valuable consideration, office, place or employment, for himself or for any other person, for voting or agreeing to vote or for refraining or agreeing to refrain from voting at such election;
(g) every person who, after an election under this Act, directly or indirectly, by himself or by any other person on his 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 to refrain from voting at such election;
(h) every person who directly or indirectly, by himself or by any other person on his behalf, on account of and as payment for voting or for having voted or for agreeing or having agreed to vote for any recognised political party or independent group at an election, or on account of and as payment for his having assisted or agreed to assist any recognised political party or independent group at an election, applies to any candidate nominated by such recognised political party or independent group, or to his agent or agents, for the gift or loan of any money or valuable consideration, or for the promise of the gift or loan of any money or valuable consideration or for any office, place or employment or for the promise of any office, place or employment;
(i) every person who directly or indirectly, by himself or by any person on his behalf, in order to induce any other person to agree to be nominated as a candidate or to refrain from becoming a candidate or to withdraw if he has become a candidate gives or procures any office, place or employment or agrees to give or procure or offers or promises to procure or to endeavour to procure any office, place or employment to or for such other person, or gives or lends, or agrees to give or lend, or offers or promises to procure or to endeavour to procure any money or valuable consideration to or for any person or to or
for such other person, or to or for any person on behalf of such other person.
79. Undue influence.
(1) Every person who directly or indirectly, by Undue himself or by any other person on his behalf, makes use of influence, or threatens to make use of any force, violence, or restraint, or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm, or loss upon or against any person in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting at an election, or who by abduction, duress, or any fraudulent device or contrivance impedes or prevents the free exercise of the franchise of any elector, or thereby compels, induces, or prevails upon any elector either to give or refrain from giving his vote at an election shall be guilty of the offence of undue influence.
(2) Every person who, at any time during the period commencing from the first day of the nomination period at any election and ending on the day following the date of the poll at such election—
(a) utters at any religious assembly any words for the purpose of influencing the result of such election or inducing any elector to vote or refrain from voting for any Recognised political party or independent group at such election; or
(b) for such purpose distributes or displays at any religious assembly, any handbill, placard, poster, drawing, notice, photograph of a candidate, symbol, sign, flag or banner; or
(c) holds or causes to be held a public meeting at a place of worship for the purpose of promoting the election or the election campaign of any recognised political party or independent group at such election, shall be guilty of the offence of undue influence.
(3) Any member or official of a religious order or organisation
(a) who denies, or threatens to deny, to any member or adherent of that order or organisation, or to any member of the family of such member or adherent, any spiritual ministration, service or benefit, to which such member or adherent would in the ordinary course have been entitled; or
(b) excludes, or threatens to exclude, such member or adherent from such order or organisation, in order to induce or compel such member or adherent to vote or refrain from voting for any recognised political party or independent group at an election, or to support or refrain from supporting any political party or independent group at such election, or on account of such member or adherent having voted or refrained from voting for a recognised political party or independent group at such election, or having supported or refrained from supporting any such recognised political party or independent group at such election, shall be guilty of the offence of undue influence.
(4) Any person who, being the employer of any other person—
(a) terminates or threatens to terminate such employment; or
(b) denies or threatens to deny to such other person any benefit or service which such other person already enjoyed,
or would have enjoyed, in the ordinary course of such employment, in order to induce or compel such other person to vote or refrain from voting for any recognised political party or independent group at an election, or to support or refrain from supporting any recognised political party or independent group at such election, or on account of such other person having voted or refrained from voting for any recognised political party or independent group at such election, or having supported or refrained from supporting any recognised political party or independent group at such election, shall be guilty of the offence of undue influence.
Source: Sections 79 and 80, Parliamentary Elections Act No.1 of 1981 https://www.srilankalaw.lk/revised-statutes/alphabetical-list-of-statutes/862-parliamentary-elections-act.html
Presidential Elections Act
79. Bribery.
The following persons shall be deemed guilty of the offence of bribery—
(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 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 such elector having voted or refrained from voting at an election under this Act;
(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 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 an election under this Act;
(c) every person who, directly or indirectly by himself or by any other person on his 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 election of any person to the office of President, or the vote of any elector at an election under this Act;
(d) 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 election of any person to the office of President, or the vote of any elector at an election under this Act;
(e) every person who advances or pays or causes to. be paid any money to or to the use of any other person with the intent that such money or any part thereof shall be expended in bribery at an election under this Act or who knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at such election;
(f) every elector who, before or during an election under this Act, directly or indirectly, by himself or by any other person on his behalf, receives, agrees, or contracts for any money, gift, loan, or valuable consideration, office, place or employment, for himself or for any other person, for voting or agreeing to vote or for refraining or agreeing to refrain from voting at such election;
(g) every person who, after an election under this Act, directly or indirectly, by himself or by any other person on his 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 to refrain from voting at such election;
(h) every person who directly or indirectly, by himself or by any other person on his behalf, on account of and as payment for voting or for having voted or for agreeing or having agreed to vote for any candidate at an election, or on account of and as payment for his having assisted or agreed to assist any candidate at an election, applies to such candidate or to his agent or agents, for the gift or loan of any money or valuable consideration, or for the promise of the gift or loan of any money or valuable consideration or for any office, place or employment or for the promise of any office, place or employment;
(i) every person who directly or indirectly, by himself or by any person on his behalf, in order to induce any other person to agree to be nominated as a candidate or to refrain from becoming a candidate or to withdraw if he has become a candidate gives or procures any office, place or employment or agrees to give or procure or offers or promises to procure or to endeavour to procure any office, place or employment to or for such other person or gives or lends, or agrees to give or lend, or offers or promises to procure or to endeavour to procure any money or valuable consideration to or for any person or to or for such other person, or to or for any person on behalf of such other person.
78. Undue influence.
(1) Every person who directly or indirectly, by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence, or restraint, or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm, or loss upon or against any person in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting at an election under this Act, or who by abduction, duress, or any fraudulent device or contrivance impedes or prevents the free exercise of the franchise of any elector, or thereby
compels, induces, or prevails upon any elector either to give or refrain from giving his vote at such election shall be guilty of the offence of undue influence.
(2) Every person who, at any time during the period commencing from the day of nomination and ending on the day following the date of the poll at such election—
(a) utters at any religious assembly any words for the purpose of influencing the result of such election or inducing any elector to vote or refrain from voting for any candidate at such election; or
(b) for such purpose distributes or displays at any religious assembly, any handbill, placard, poster, drawing, notice, photograph of a candidate, sign, symbol, flag or banner; or
(c) holds or causes to be held a public meeting at a place of worship for the purpose of promoting the election of any candidate at such election, shall be guilty of the offence of undue influence.
(3) Any member or official of a religious order or organisation—
(a) who denies, or threatens to deny, to any member or adherent of that order or organisation, or to any member of the family of such member or adherent, any spiritual ministration, service or benefit, to which such member or adherent would in the ordinary course have been entitled; or
(b) excludes, or threatens to exclude, such member or adherent from such order or organisation, in order to induce or compel such member or adherent to vote or refrain from voting for any candidate at an election under this Act, or to support or refrain from supporting any candidate at such election, or on account of such member or adherent having voted or refrained from voting for a candidate at such election, or having supported or refrained from supporting any candidate at such election, shall be guilty of
the offence of undue influence.
(4) Any person who, being the employer of any other person—
(a) terminates or threatens to terminate such employment; or (b) denies or threatens to deny to such other person any benefit or service which such other person already enjoyed,
or would have enjoyed, in the ordinary course of such employment, in order to induce or compel such other person to vote or refrain from voting for any candidate at an election under this Act, or to support or refrain from supporting any candidate at such election, or on account of such other person having voted or refrained from voting for any candidate at such election, or having supported or refrained from supporting any candidate at such election, shall be guilty of the offence of undue influence.
Source: Sections 78 and 79, Presidential Elections Act No. 15 of 1981 https://www.srilankalaw.lk/p/921-presidential-elections-act.html
Provincial Councils Elections Act
81. Bribery.
The following persons shall be deemed to be guilty if the offence of bribery—
(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 endeavor 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 such elector having voted or refrained from voting at an election under this Act;
(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 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 an election under this Act;
(c) every person who, directly or indirectly by himself or by any other person on his 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 a member of a Provincial Council, or the vote of any elector at an election under this Act;
(d) 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 a member of a Provincial Council, or the vote of any elector at an election under this Act;
(e) every person who advances or pays or causes to be paid any money to, or to the use of, any other person with the intent that such money or any part thereof shall be expended in bribery at an election under this Act or who knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at such election;
(f) every elector who, before or during an election under this Act, directly or indirectly, by himself or by any other person on his behalf, receives, agrees or contracts for any money, gift, loan, or valuable consideration, office, place or employment, for himself or for any other person, for voting or agreeing to vote or for refraining or agreeing to refrain from voting at such election;
(g) every person who, after an election under this Act, directly or indirectly, by himself or by any other person on his 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 to refrain from voting at such election;
(h) every person who directly or indirectly, by himself or by any other person on his behalf, on account of and as payment for voting or for having voted or for agreeing or having agreed to vote for any recognised political party or independent group at an election under this Act, or on account of and as payment for his having assisted or agreed to assist any recognised political party or independent group at an election, applies to any candidate nominated by such recognised political party or independent group, or to his agent or agents, for the gift or loan of any money or valuable consideration, or for the promise of the gift or loan of any money or valuable consideration or for any office, place or employment or for the promise of any office, place or employment;
(i) every person who directly or indirectly, by himself or by any person on his behalf, in order to induce any other person to agree to be nominated as a candidate at an election under this Act or to refrain from becoming a candidate or to withdraw if he has become a candidate gives or procures any office, place or employment or agrees to give or procure or offers or promises to procure or to endeavour to procure any office, place or employment to or for such other person, or gives or lends or agrees to give or lend, or offers or promises to procure or to endeavour to procure any money or valuable consideration to or for any person or to or for such other person, or to or for any person on behalf of such other person.
80. Undue influence.
(1) Every person who directly or indirectly, by him- self or by any other person on his behalf, makes use of or threatens to make use of any force, violence, or restraint, or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm, or loss upon or against any person in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting at an election under this Act, or who by abduction, duress, or any fraudulent device or contrivance impedes or prevents the free exercise of the franchise of any elector, or thereby
compels, induces, or prevails upon any elector either to give or refrain from giving his vote at such election shall be guilty of the offence of undue influence.
(2) Every person who, at any time during the period commencing from the first day of the nomination period at any election under this Act and ending on the day following the date of the poll at such election—
(a) utters at any religious assembly any words for the purpose of influencing the result of such election or inducing any elector to vote or refrain from voting for any recognised political party or independent group at such election; or
(b) for such purpose distributes or displays at any religious assembly, any handbill, placard, poster, drawing, notice, photograph of a candidate, symbol, sign, flag or banner; or
(c) holds or causes to be held a public meeting at a place of worship for the purpose of promoting the election, or the election campaign of any recognised political party or independent group at such election,
shall be guilty of the offence of undue influence.
(3) Any member or official of a religious order or organisation—
(a) who denies, or threatens to deny, to any member or; adherent of that order or organisation, or to any member of the family or such member or adherent, any spiritual ministration, service or benefit, to which such member or adherent would in the ordinary course have been entitled; or
(b) excludes, or threatens to exclude, such member or adherent from such order or organisation, in order to induce or compel such member or adherent to vote or refrain from voting for any recognised political party or independent group at an election, under this Act or to support or refrain from supporting any political party or independent group at such election, or on account of such member or adherent having voted or refrained from voting for a recognised political party or independent group a: such election, or having supported or refrained from supporting any such recognised political party or independent group at such election, shall be guilty of the offence of undue influence.
(4) Any person who, being the employer of any other person—
(a) terminates or threatens to terminate such employment; or
(b) denies or threatens to deny to such other person any benefit or service which such other person has already enjoyed, or would have enjoyed, in the ordinary course of such employment, in order to induce or compel such other person to vote or refrain from voting for any recognised political party or independent group at an election under this Act or to support or refrain from supporting any recognised political party or independent group at such election, or on account of such other person having voted or refrained from voting for any recognised political party or independent group at such election, or having supported or refrained from sup-porting any recognised political party or independent group at such, election, shall be guilty of the offence of undue influence.
https://www.srilankalaw.lk/p/957-provincial-councils-elections-act.html
The Parliamentary Elections Act, Presidential Elections, Provincial Councils Elections Act, Local Authorities Elections Ordinance and Referendum Act has provisions on bribery and undue influence. There are punishments laid out in the Acts in terms of these corrupt practices, including either imprisonment, fine or both. They are further subject to be incapable of being registered as electors, voting at an election and being elected to office under these laws.