58. What sanctions are provided for political finance infractions?

Marshall Islands

Marshall Islands

Answer
  • Fines
  • Prison
  • Loss of elected office
  • Other
Source

1) For the purpose of the Elections and Referenda Act, 1980, a person or candidate who,directly or indirectly;

(a) gives, lends or agrees to give, lend or offer any money or promise to procure any money or other valuable consideration to or for the purposes of influencing a voter to vote for, or to refrain from voting for, a certain candidate; or

(b) accepts or takes any money, offered or promised, in order to influence the outcome of an election, shall be guilty of the offense of “bribery” and upon conviction, shall be liable as follows;

(i) in the case of a person who has been elected to office, such person shall be disqualified from holding office immediately and his or her election to that office shall be vacated as of the date of conviction, if no appeal against the conviction has been filed. If an appeal has been filed, the election shall be vacated on the date the appeal is denied.

(ii) in the case of any other person, such persons shall be liable to a fine of not more than five hundred dollars ($500) or a term of imprisonment not exceeding one (1) year or both.

Source: Article 211, 2 MIRC Ch 2, Elections Offenses Act 1980

 

  1. Any alien, non-citizen, or expatriate who is found to have contravened or violated, or who contravenes or acts in violation of any of the provisions of this Chapter shall be liable to deportation from the Marshall Islands upon order by the Cabinet.

Source: Article 503, 43 MIRC Ch 5, Prohibition of Political Activities by Aliens Act 1988

Comment

The sanctions concern only (a) the crime of vote buying. If the offence is proven, a person elected to office is disqualified from holding that office, and any other person against whom the offence is proven may be sentenced to a prison term or fine and (b) political activity by aliens or non citizens,  for which the penalty is deportation

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