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Home / Hawkes Bay Today

Dagg's tweet falls foul of election day trap

By Sam Hurley
Hawkes Bay Today·
21 Sep, 2014 09:08 PM3 mins to read

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Israel Dagg. Photo / Paul Taylor

Israel Dagg. Photo / Paul Taylor

Hawke's Bay and All Blacks fullback Israel Dagg dropped the ball on election day with a social media gaffe.

The 26-year-old has more than 83,000 Twitter followers and tweeted at 1.23pm on Saturday: "Just voted for @johnkeypm and the National party all the best for tonight #blueallday #National".

Publishing anything on election day which could potentially influence another voter is prohibited until voting booths have closed under the Electoral Act 1993.

The rule applies to social media users as well as main stream media, and the maximum penalty for a breach is $20,000 according to the Electoral Commission.

The Commission is reviewing complaints about breaches the Electoral Act - but a legal expert says prosecutions are unlikely.

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Electoral Commission spokeswoman Anastasia Turnbull said the accounts of Dagg, Lomu and a fake Richie McCaw account had all prompted complaints.

Vexatious complaints and those related to scrutineers and door-knockers were also taking time to sift through before the number of legitimate complaints could be worked out, she said.

Sixty complaints were handed to police by the Electoral Commission in 2011, but none resulted in prosecution, said law professor Andrew Geddis of University of Otago.

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While offenders can be fined, Mr Geddis said that was highly unlikely.

The top penalty would be for "someone who goes out with a concentrated plan to flout the rules or sway the election".

"Sports stars won't have the book thrown at them."

Mr Geddis said the Act could be considered toothless "in the sense that no one's had to go before the court to answer to it".

But passing on complaints to police could be seen as a deterrent, Mr Geddis said. "The NZRFU wouldn't be happy with Israel Dagg being phoned by the police."

Mr Geddis noted that unapproved TV footage of party leaders casting votes would also breach the act.

Political parties, MPs and the Young Nats temporarily deactivated or refused to update their Facebook pages Saturday, as encouraged by the Electoral Commission.

Chief Electoral Officer Robert Peden said the decision to refer an apparent breach to police was made on a case by case basis. The commission took into consideration whether a post, tweet or page was removed once it had been identified, the scale of the breach, and the size of the potential audience of the post.

Dagg quickly realised his mistake and deleted the tweet before then posting: "First ever vote people my bad I don't read the fine print ... may the best party win".

He also later removed the second tweet.

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The Lindisfarne College old boy did not return phone calls from Hawke's Bay Today yesterday, but was not the only sports star to make an election day mistake.

All Blacks legend Jonah Lomu, who has nearly 48,000 twitter followers, said: "@johnkeypm All the best Tonight Get in there everyone your last chance to vote and grow NZ go "National" #vote2014nz".

While Olympic gold medal winning rowers Eric Murray and Hamish Bond tweeted: "Get out & vote NZ! Plenty of time left #decision14 Don't worry @johnkeypm you got my vote! #sportfunding".

Bond blamed Murray for the gaffe and later told the Herald: "He's a moron."

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