ACT No. XV of 1996 AN Acrtoam~nd rhl! Gentral Elutions Act, 1991. (ofi)

I assent.

(L S .)

Uoo MIFSUD BoNNICI

President

2nd July, 1996

ACT No. XV of 1996

AN Acrtoam~nd rhl! Gentral Elutions Act, 1991.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this prescnt Parliament

assembled, and by the authority of the same, as follows:-

(I)

This Ac t may be cited as the General Elections ShooItiu.

(Amendmem) Act, 1996 and shall be read and construed as one with :!...e..c.m .. u.

the General Elections Act, 1991, hereinafter referred to as the "principal ,t.a NoXXI of 1991.

Ac t",

(2)

This Act shall come into force on such date as the Prime

Minister may by order in the Gazette establish and different dates may

be so established for different provisions and different purposes of this

Ac!.

.,. .... ,

~~?!'-.

(Section 68(3»

D1RECI10NS FOR THE GUIDANCE OF THE VOTER

IN VOTING

1. Vote by placing the figure I against the name of the candidate you

most desire to see elected.

You are invited (and it is advisable) to place the figure 2 against the"

2. name of your second choice, the figure 3 against the name of

your !.hird choice, and so on.

It is advisable to go on numbering the candidates in the order of

3. your preference until you are ind ifferent as to the candidates

whom you have not marked.

If you do not place the figure I on your ballot paper or if you place

4. the figure 1 (indicating a first preference) and some other figure

against the same name, or if you place the figure 1 against the

name of more than onc candidate, your ballot paper will be

invalid and will Dot be counted.

Do not vote with an X.

5.

6. U you inadvertently spoil a ballot paper you may return it to the

Assistant Commissioner, who will , if satisfied of s uch

inadvenence, give you anomer ballot paper.".

Passed by the House of Representatives at Silting No. 549 of Wednesday,

SIb JUlie, 1996.

LAWIlENCE GoNZI

Speaker

RICHARD J. CAUClil

Clerk 10 the Houst! of Representatives

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In subsection (I) of section 2 of the principal Ac!

(a) immediately before the definition of "Commission" there principal ..... ,

shall be inserted the following

.. "ballot box." means a box. wherein voters place their

marked ballot papers;";

inunediately after the definition of "identity card" there

(b)

shall be inserted the foUowing definition

""official mark" means the stamp which the Commission

and the political parties direct the Assistant Conunissioners

to use on the ballot paper prior to giving such ballot paper to

the voter and may be of such fonn as each of them may

determine provided that it may not in any way constitute any

form of propaganda and the marks of the political panies shall

not be necessary for the validity of the ballot paper, Political

parties opting to use official marks shall deposit an imprint

of the stamp to be so used at least one hour before the Start of

the poll;";

(c) immediately after the definition of "polling place" there

shall be added the following definition

.. "voting compartment" means such part of a polling

booth wherein voters are to mark thcirballot papers, and which

is to be furnished with an adequate writing surface and

instruments for such purpose;"; and

(d) the definition of "voting document" shall be placed after

the definition of "voting compartment".

For the words "'The Prime Minister may" in section 3 of the

principal Act there shall be substituted the words 'The Commission

may". and immediately at the end of the same section there shall be

added the words "The Prime Minister shall upon the publication of

such regulations lay the same upon the Table of the House,",

Subsections (2) and (3) of section 5 of the principal Act shall

be deleted. and subsection (I) thereof shall be renumbered and constitute

the whole section.

S. Section 6 of the principal Act shall be amelKled as follows

(a) in subsection (I) thereof, immediately after the words

''be delivered to the Electoral Office" there shall be inserted the

words "or to the [.real Council office wherein the voter resides";

(b) in subsection (2) thereof, the words "Every police

officer" shall be substituted by the words "Every Local Council

secretary and every police officer";

(c) immediately at the end of subsection (4) thereof there

shall be added the following proviso

"Provided that any noticc or written communication sent

by the Commission to any person regarding his rights as a

voter sball be sent by registered post:'; and

(d) immediately after subsection (4) thereof, there shaH be

added the following new subsection

"(5) It shall be the duly of the E1ecloral Commission

to ensure that an adequate su pply of fonus is available at all

times at Local Council offices and at police stations.".

:":.:7"'"

Immediately after subsect~on (2) of sectio~ 7 of the principal

Act there shaH be added the followmg new subsectIOns

afcbo

priacipoI-'cI.

"(3) The Electoral Commission shall be a body corporate

having a distinct legal personality and shall be capable, subject 10

the provisions of this Act. of entering into contracts, of acquiring,

holding and disposing of any kind of propeny for the purposes o f

its functions, of suing and being sued, and of doing all such things

and entering into all such transactions as are incidenlal or conducive

10 the exercise of its functions under this ACl

(4) The legal representation of the Commission shall vest

in the Chief Electoral Commissioner or in such other member or

such Olher members o f the Commission, as the Commis~ion may

establish by resol ution, which resolution shall not come into force

before it is published in the Gazette.".

Section 10 of the principal Act shaH be amended as follows

~ot

7,

oediooe 10

.~

(a) in subsection (2) thereof immediately after the words piD<lpaI MI.

''the right in general to be informed", there shall be added the words

"in writing alleast once a month";

(b) in subsection (6) thereof, the words "or wrillen or printed

form that shall nO( require any device or electronic or magnetic or

similar process to be read, and in noather fonn" shall be substituted

by the words "or written, printed or electronic format as the

delegates may require and the Commission is technically able to

provide".

Immediately after subsection (2) of section II of the principal

Act there shall be inserted the following new subsection

"(3) The Commission is to ensure that there is full

observance of procedures of control and security, especially

with regards to access oftenninals, the introduction, use and

processing of information and in the printing of documents

of identification. The Commission is also to ensure thai the

Electoral Register database includes only the details of those

persons eligible 10 vote. The parties are further 10 have the

right, prior to the carrying OUI of any electro-magnetic process

during the electoral process, to demand lhe holding of a

dummy run in orderto ascertain the validity of the saidelectro-

magnetic process.".

Section 13 of the principal Act shall be amended as follows

(a) in subsection (2) thereof for the words "io any police

station or other prace" there shall be substituted the words "in any

Court or in any Local Council office";

(b) in subsection (3) thereof, for the words "or by an

advocate or legal procurator or by any person on behalf of and

authorised by the applicant or appellant", there shall be substituted

the words "or by any person on behalf of and authorised by the

applicant or appellant or by an advocate or legal procurator";

(c) for subsections (4), (5) and (6) thereof, there shall be

substituted the following

"(4) The Revising Officer shall appoint a day for the

hearing of the application or appeal and shall direct that a

copy of the application or appeal together with the day fixed

for the hearing shall be served on the applicant or appellant,

on the Commission and on any other person whom such

application or appeal concerns.

(S) Service shall be effected by registered post. Where

any of the persons to be served with the application or appeal

by registered post is nOl round, the Revising Officer shall

direct that the person shall be served by an officer of the Court.

Where the person is not found by such officer of the Court,

the Revising Officer shall, on the report of the officer of the

Court direct that the application or appeal be posted on the

notice board of tbe police station and the Local Council office

of the locality in which the penon concerned resides and to

be published twice in all local daily newspapers and where

necessary. shall appoint another day for the bearing.

Service on all the persons concerned shall be

(6)

effected at least threedays before the day fixed for the hearing

of the application or appeal.";

(d)

subsection (9) thereof shall be renumbered as subsection

( I I); and

(e) inunediately after subsection (8) thereof. there shall be

inserted the following new subsections (9) and (10)

In the case of an application or appeal based on

"(9)

the grounds of mental infinnity the Revising Officer shall.

notwithstanding the absence of the applicant or appellant or

of an advocate. legal procurator or other person representing

him, refer the application or appeal to the Medical Board for

detennination.

tn detennining the application the Revising

(10)

Officer .:;haIl state the reasons for his decision and the applicant

or appellant, the Corrunission or the voter concerned shall

have the right to appeal to the Court of Appeal on any point

of law by means of an application flied within seven days of

the delivery of the decision by the Revising Officer ....

L-artikolu 13 ta' I-Att prinCipali gtJandu jigi emendat kif gej

(a) fis-subartikoJu (2) tiegh u minflok il-kliem "fi stazzjon

tal-Pulizija jew fpost iehor" ghandhomjidhlu I-kliem "fkull Qorti

jew ufficcju ta' Kunsilli Lokali";

(b) fis-subartikolu (3) tieghu minflok il-kliem "jew minn

avukat jew minn prokuratur legali jew minn persuna ohm fi sem

I-applikan t, jew I-appellant u debitamen t awtorizzal minnhom,"

ghandhom jidhlu I-kliem "jew minn persuna Ii tagi;u.i fi sem u Ii

Ikun awtorizzala mill-applikant jew mi1l-appeUantjew minn avukal

jew minn prokuratur legali .";

(e) minflok is·subartikoli (4), (5) u (6) tieghu, ghandu jidhol

dan Ii gej

"(4) L-Ufficjal Reviiur ghandu jistabbilixxi jum ghas-

smigh ta' I-applikazzjoni jew appell u ghand ujordna Ii kopja

la' I-applikazzjoni jew appell fli mkien mad-data tal-jum

stabbilit ghas-smigh ghandhom jigu noliflkati lill-applikant

jew I.appellant, lill-Kummissjoni u iii kull persuna ohra Ii

tkun tinteressaha dik I-applikazzjoni jew dak I-appell _

(5) In-notifika ssir bil-mezz ta' posta registrata. Meta

penuna Ii tkun se tigi notifikata bl-applikazzjonijew bl-appell

bil-mezz ta' posta registrata ti bqa' rna linslabx, l-Ufficjal

Reviruf jordna Ii dik il-persuna ghandha tigi notifikata mimI

uffiejal tal-Qorti. Meta dik il-persuna tibqa' rna tioslahx minn

dak l-ufficjaJ tal-Qorti, I-UfficjaJ Reviiur ghandu jordna, warn

Ii jsirlu rapport mill-ufficjal tal-Qorti Ii I-applikazzjoni jew 1-

appelljitwahhlu til-post rejn soltujitwahhlu l-avviti fl-ghassa

Ial-Pulizija u fl -ufficcju tal-Kunsill Lokali tal-Iokalill rejn il-

persuna interessata tkun loqghod u Ii jigu pubblikati darbtejn

fil-gazzelti kollha lokali la' kuljum u mcta jkun mehtieg,

ghandu jistabbili.ui jum ichor ghas-smigh.

(6) In-notifika tal-persuni kollha interessati ghandha

ssir mill-inqas tlen ijiem qabel il-jum stabbilit ghas-smigh

la' l-applikazzjonijew l-appeIL";

(d ) is-subartikolu (9) tieghu ghandujigi enumerat mill-gdid

bhala s-subartikol u (11); u

(e) mi nnufi h wara s-subartikolu (8) tieghu, ghandhomjidhlu

dawn is-subartikoli (9) u (10) godda Ii geiiin

"(9) Fil-kai ta' applikazzjoni jew appeU imsejsa fuq

inabilitA lal-mohh, l-Ufficjal Reviiur g handu, ghad Ii jku nu

assenti I-applikanti jew I-appellant jew I-avukat, il-prokuratur

legali jew persuna ohra Ii tkun qed lirrappreientah ,jirreferi 1-

app li kazzjoni jew I-appelllill-Bord Mediku ghad-dee iijoni

tiegh u.

( 10) Fid-deCiijoni ticghu dw ar l-applikazzjoni I-Uf-

ficjal RCv1rur ghandu jidd ikjarax' ikunu r-ragunijict Ii fuqhom

t1cun imsejsa d-deCizjoni tieghu u I-applikantjew i-appellant,

il-Kummissjoni jew l-elettur involul ikollhom jedd ta' appcll

quddiem il-Qoni ta'l-Appell dwar punt ta' lig; billijsir rikors

Ii jigi prei:entat fi imicn sebat ijiem mill- konscnja tad-

d eeii,joni ta' I-Ufficjal Rcviiur ....

Minnufih wara s-subartikolu (2) ta' I-artikolu 16 ta' I-Att ~Ia'

Immediately aftersubsc:ction (2) ofsection 16 or the principal Ao . ' _ g f

Act. there shall be added the following subsection (3)

:':'" 16

priDcipoi Act.

"(3) Any person who conlravenes the provisions of subsection

(2) of this section shall be guiily of an offence and shall on

conviction be liable tothe penalties established for offences against

section 112 of this Act. ...

n.

Section 19 of the principal Actshall be amended as follows : A> ' gf

.me. 19

(a) in subsection (1) thereof after the words "or to remain ~poI Act.

50 registered" there shall be added the following words, "or where

he is 10 be registered"; and

for subsection (2) thereof there shall be substituted the

(b)

following

"(2) The Electoral Commission shall ensure that

adequate staff are deployed for the specific purpose of

verifying voter qualifications and registration and shall carry

out such verification both with the voter and other persons

who may provide the necessary information as well as with

any government departments which may have re levant

information.".

(a) fis-subartikolu (I) tieghu warn l-kliem "jew Ii tibqa' heklc

registrata" ghandham jizdiedu l-kliem "jew ii-post {ejn ghandha

tip registrata"; u

(b)

minflok is-subartikolu (2) tieghu ghandu jidhol dan Ii

gej

"(2) Il-Kummissjoni Elettorali ghandha tizgura Ii jkun

hemm persunal adegwat bil-ghan ewlieni Ii jivverifikaw il-

kwalifiki u r-registrazzjoni la' l-eletturi u ghandhom iwenqu

dik il-verifika sew rna' l-elettur u rna' persuni ohra Ii jistghu

jagt'llu t-taghrif mehtieg, kif ukoll rna' kull dipartiment tal-

gvem Ii jista' jkollu t-taghrif relevanti.".

L-artikolu 20 ta' I-An prinCipali ghandu jigi emendat kif gej

Section 20 of the principal Act shall be amended as follows

(a) in subsection (I) thereof immediately after the words "in

the service of the Government of Malta" theR: shall he inserted the

words Wand all officers of bodies corporate established by law";

(b) in subsection (3) thereof

(i) the words "over eighteen years of age" shall be

deleted; and

(ii) immediately after the words "in the preceding

month" theR: shall be added the words "as well as a list

containing s imilar particulars of all persons who ha ve

contracted marriage in the preceding month and a list

containing similar particulars of al l persons who have reached

the age of eighteen years in the preceding month";

(c)

in subsection (4) thereof

(i) inunediately afierthe words "Registrar of the Courts

of Goze" there shall be inserted the words "or other persons

having such functi on"; and

(ii) immediately after the words " by a competent

Court" there shall be added the words "as well as a list

containing similar paniculars of all persons who have been

sentenced by any Coun in Malta to imprisonment (by

whatever name called) for a term exceeding twelve mont hs

or to such a sentence ofimprisonment the execution of which

has been suspended."; and

(d) immediately after subsection (4) thereof, there shan be

added the following subsections

"(5) Any public officcror other person responsible for

any prison in Malta shall within the first five days of each

month forward 10 the Commission a list containing the name,

su rname, identity card number, if any, and other particulars

of any person who has been released from prison in the

preceding month.

(6) The public officer or other person responsible for

the office respons ible for the grant or withdrawal of citizenship

shall within the rU'St five days of each month, forward to the

Commission a list containing the n ame, surname, identity card

number, if any, and other particulars of any penon who has

been gran ted citizenshi p or whose citizenship has been

withdrawn in the preceding month.

(7) The Commission shall forward to the party

delegates a copy o f such lists within fi ve days of the receipt

thereof.".

Immediately after subsection (3) of section 260fthe principal. '.~'~_:-"

;;"';"26

Act, there shall be added the following subsection

"hllo

~"""

"(4) Where the Commission decides to expunge the name

of a voter fro m the Electoral Register, it shall inform the voter

accordingly by means o f a letter addressed to him and shall copy

such letter to the party delegates ....

In section 28 o f the principal Act, immediately after the words" 1 ... lIIef

"and the reason for effecting any change" there shall be inserted the ::",21

words "as well as a list showing any change effected to street names ,....,...,AcI_

and all the particulars of voters effected by any such chan ge".

Immediately after the words " in relation to the party· '., • ."

:;:"=29

delegates." in section 29 of the principal Act,there shall be inserted the

words "This information is to be given with all the necessary detai ls ~ Act.

and is to be given forthwith.".

For subsection (1) of section 31 of the principal Act there A . _of

shall be substituted the following

:':' 31

priIo;ipol Act.

"(I) The Electoral Register shall consist of as many

parts as there are localities, one for each locality, and each

locality may be subdivided in to as many pans as the

Commission may deem necessary or convenient. For the

purposes of this Part of the Act, the word "locality" shall have

the same meaning assigned to it in the Local Councils Act,

1993.".

Section 33 of the principal Act shall be amended as follows: A

oecxitt ])

,,~

prilcipol Act.

(a) subsections (2) and (3) shall be re numbered as

subsections (5) and (6) thereof, respectively; and

(b) inunediately after subsection (1) thereof there shall be

inserted the following subsections:'

"(2) The Electoral Register shall be published in two

distinct fonnats. The first format shall be divided into as many

parts as there are localities whilst the second format shall be

divided iDlo as many pans as there ate divisions.

For all the purposes of this Act the Electoral Register

published in the flfSt fonnat shall be considered 10 be the

Electoral Register required by this Act and changes relative

to the registrntion of voters in the said register appearing in

the said first format shall also be made and published by the

Commission in the register published in the second format.

(3) Each format of the Electoral Register shall indicate

the total number of vtters registeIed in each locality or division

as the case may be subdivided by street, part o f locality or

locality as the case may be, as well as the total number of

voters for each locality and division, as the case may be, that

have been added, deleted, transferred from one locality or

division, as the case may be, to another and shal] indicate by

a distinguishing marie the names of all voters who have been

registered for the first time or who have been added to the

register after their registration had been previously cancelled

by the Commission. Such information shall be given in such

format as th e Commission may deem makes it most

comprehensible to the public.

(4) Where the Commission in exercise of its powers

under subsection (1) of section 31 of this Act, subdivides any

locality it" shall show such information for each part o f that

locality so subdivided."; =d

(c) immediately after subsection (6) thereof as renumbered,

there shall be added the following subsection

"(1) The Commission shall in addition publish the

Electoral Register in electro-magnetic forma!.".

In section 36 of the principal Act, for the words " fourteen

days" there shall be substituted the words "twenty one days".

19, In section 37 of the principal Act, for the words "fourteen A ' . of

-p

days" there shall be substituted the words ''twenty ODe days",

of"'"

F1-artikolu 37 ta' I-An principali, minflok il-kliem "erbauu· Emonda ... ,

n jum" ghandhom jidhlu I-kliem "wiehed u ghoxri n jum".

:::':~~~

In section 38 of the principal Act, for the words " fourteen

_d

days" there shall be substituted the words ''twcnty one days".

~

-.

In subection ( I) of section 40 of the principal Act, for the ......"".~01

words "fourteen days"lhere shall be substituted the words ''twenty onc ~

days",

In subsection (4) of section 41 of the ·principal Act for the a

-."

words "shall be referred to the Revising Officer" there sball be ~

substituted the words "shall be signed by all the members of the Medical priIIdpal ......

Board and its Chainnan shall refer it to the Revising Officer",

23, In section 42 of the principal Act, inunediately after the words Au

.-41

"Revising Officers" there shall be inserted the words "and the Court of ~

Appeal",

F1-artikolu 42 ta' I-Att prinCipali minllufih wara l-kliem"'L- ~ .. '

::=

UfficjaJi Reviiuri" ghandhorn jidhlu l·kIiem"'u I.Qorti ta' I-Appell".

In section 43 of the principal Act. immediately after the words A ' _ 0 (

"shall revise the Electoral Register accordingly .... there shall be added ' ~ - . l

the words "Copies of such certificates shal l be sent by the Commission prIIooipal Act.

to the party delegates within five days of their receipt and shall be

published in the Gazelle as soon as possible ....

Section 45 of the principal Act shal l be amended as follows

-"

(a) for the words "eight days" there shall be substituted the

words ''three days"; and

(b)

in paragraph (a) thereof, the word "worldng" shall be

deleted.

Section 46 of the principal Act shall be amended as follows: ,.

(a) in subsection (I) thereof, for the words ''fifteen days"

there shall be subs tituted the words "nineteen days" and

immediately after the words "and made of such" there shall be

inserted the words "security paper and";

(b) in paragraph (i) of the proviso to subsection ( I ) thereof,

for the words "seven days" there shall be substituted the words

''three days";

(e) immediately at the end of subsection (2) thereof, there

shall be added the following words

''The Commission shall also print on the voting document

such reasonable security code as requested by the political

parties and as the Commission may think fit, provided that

the political parties shall del iver such security code to the

Commission immediately prior to the start of printing of the

voting documents or not later than such time, not being prior

to twe nt y-fo ur hours prior 10 such p rinting , that the

Commission may establish because of technical necessity ;

the delegates shall be given the facili ty to verify the exaclness

thereof even by means of a dummy run of the process and by

means of an audit trail that establishes the validity of the

system at any stage of the process and to be given a copy of

the audil traiL";

(d) in subsection (6) thereof immediately after the words

''before one of the Commissioners" there shall be insened the words

"or other person appointed by the Commission to act on behalf of

the Commissioners";

(e) in subsection (7) thereof for the word "Commissioner"

whe rever it appears the re shall be s ubs tituted the words

"Commissioner or other person appointed by the Commission to

act on behalf of the Commissioners"; and

(1) immediately after subsection (7) thereof, there shall be

added the following subsections

- (8) The Commission shall publish the place and times

when voters may take delivery of their voting documents in

lerms of subsection (6) of this section. The Commission may

designate any place for the collection of undelivered voting

documents provided that the Commission shall allo w a

sufficient period for the collection of documents from each

locality and a funher period of time for collection from its

office.

(9) N()(withstanding anything contained in subsections

(6), (7) and (8) of this section, where the Commission is aware

that any person whose name appears on the list men tioned in

subsection (S)ofthis section is registered in a retirement home,

or is in a hospital. or suffers from a disability or is bed-ridden

or is otherwise physical ly unable to appear at one of the places

des ig nated by the Commission in terms of subsection (8) of

this section to claim delivery of his voting document, it shall

be the duty of the Commission to effect service of such

document on the person concerned e ither through one of the

Commissioners or by any person appointed for the purpose

by the Commission in their stead. The Commissioner or peISOll

appointed as aforesaid may examine such person on oath for

the purpose of establishing his identity and of establishing

the claim to receive the document. The document aforesaid

shall not be delivered 10 such person unless he produces his

identity card to the CommiuioDCC or person appointed as

aforesaid, as the case may be.

(10) If for any reason whatsoever other than any of

the reasons mentioned in section ~7 of this Act, the

Commission decides that it is necessary 10 reprint any voting

document or documents it shal l immediately inform the

political parties accordingly giving them all relative

information thereto. Any documents so reprinted shall beat

tbemark 'REPRINT' wruch markshaU not in any way obscure

any of the information contained in the document.

The political parties shall be given the faculty 10

(11)

supervise the process mentioned in the preceding

subsections,".

-.,

Section 47 of the principal Act shall be amended as follows: Arne_tOr

.ft

(a) for the words "6.00 p.m." there shall be substituted the,...,.....Act.

words "9.00 p.m."; and

(b) for the words from "issued specifically for the purpose"

to the words " to be struck. off such list; and (iii)" there shall be

substituted the words "which shall bear the mark "SPECIAL",

which marie. shall not in any way obscure any of the infonnation

contained in the document. The word "SPECIAL" shall also be

entered against the name of such voter in the list mentioned in

subsection (I) of section 64 of this Act and".

In subsection (I) of section 48 of the principal Act, the words ~l at

''the polling booth where such persons were originally supposed to vote :':""

and the polling booth where they are now to cast their vote," shall be principii Act.

...

Section 49 of the principal Act shall be amended as follows: A"

-uu.4'

(a) in subsection (1) thereof, for the words "Not later than prilK:ipll ""'"

three days prior to" there shall be substituted the words '''The

Commission shall as near as practically possible to the day of the

poll print such number of ballot papers as may be necessary for

the poll in such form and on such material as may be provided for

in this Act and not laler than two days prior to"; and

(b) in subsection (6) thereof, for the word " may" there sball

be substituted the word "shall".

Section 5 1 of the principal Act shall be amended as follows

(a) immediately at the end of subsection (2) thereof, there

shall be added the following words " Delivery o f the nomination

paper to the Commission and acceptance of delivery by the

Commission shall not of itself indicate the validity o f the

nomination and the Commission shall not make any state ment

thereon other than inform the candidate accordingl y and 10 take

delivery o f the form and deposit, if any, and give due receipt.";

(b) in subsection (3) thereof, immediately after the words

"on the ground" there shall be inserted the words "the candidate is

not registered as a voter in the lasl published Electoral Register

or";

(c) in subsection (4) thereof, for the words '"lbeCommission

itself may lodge an objection", there shall be substituted the words

"The Commission itself shall raise an objection if it believes that

any of the grounds mentioned in suhsection (3) of this section

exist";

(d) subsection (5) thereof shall be de leted and subsection

(6) thereof shall be renumbered as subsection (5) thereof; and

(e)

immediately after subsection (5) as renumbered there

shall be added the following new subsections

"(6) On receipt of any objection in tenns of subsections

(3) and (4) of this section, the Commiss ion shall fix a date for

the hearing o f tbe objection, shall immediately inform in

writing !he candidate objected to, givi ng him a copy of the

objection filed against him, and sball inform both the objector

as well as the candidate of the day appointed for the hearing

of the objection. Service shall beeffected by any means which

the Commission deems proper to ensure receipt by the parties

concerned of the said notices in the least possible time.

(7) All o bject ions shall be determined by the

Commission not later than two days afte r the expiration of

the time allowed for the maki ng of objections by this Act and

both the objector as well as the candidate shall have the righ t

to appear before the Commission accompanied by any other

person they may think. fit to assist them in their representations

to the Commission.

(8) The Commission shaJl at least two days before

delivering its decision publicly announce the time and date

when its decision shall be delivered. The decision shall be

delivered in writing and shall contain the grounds upon which

it is based. The Commission shall cause such decision to be

posted up in a public place at its office where any person

interested may view it.

(9) Where the decision of the Conunission does not

uphold the objection, it shaJl be final. Where the decision

upholds the objection the candidate may contest the decision

by filing an application in contestation with tbe Commission

before the Court of AppeaJ within twenty four hours of the

delivery of the decision by the Commission. The Coon of

Appeal shall hear such applications with urgency and shall

detennine the same before the time when in tenos of section

49 of this Act the Commission is to start printing the baJlot

papers.".

In section 53 of the principal Act the word ''working'' shaJJ ........-.cof

...... "

be deleted.

of","

princi~ 10<1.

In section 55 of the principal Act for the words "during the Ai .

time prescribed for the nomination, but not later tban six hours before :':"'

the expiration of the said time," there shan be substiruted the words "at princi~ ......

any time until the baJlot papers for the district he is contesting have

started to be printed in terms of section 49 of this Act,".

Section 57 of the principal Act shall be amended as follows: An

...mo.57

"a

(a) subsections (2), (3) and (4) thereof shall be renumbered principollo<l.

respectively as subsections (4), (5) and (3) thereof, and shall be

placed in proper numericaJ order as so renumbered;

(b) in subsection (I) thereof, immediately after the words

"polling booths" there shaJl be inserted the words "that there are

in the electoral divisions being contested by it";

(c) immediately after subsection (I) thereof there shall be

inserted the following new subsection

"(2) In submitting such lists the political parties may

distinguish between those persons whom they wish to see

appointed to a polling place and those persons whom they

wish to be held in reserve and shall moreover have the right

to indicate who of the persons nominated by the m should be

assigned to polling places in retirement homes and hospitals.

The political parties may, if they so prefer, submit such lists

in electro-magnetic fannal Notwithstanding the nomination

by a political party each person so nominated shall still file

any application required by tbe Commission from any other

person wishing to serve as Assistant Couunissioner."; and

(d)

inunediately aftersubsection (5) thereof as renumbered,

there shall be added the following !lew,subsections (6) and (1)

The Assistant Commissioner nominated by the

"(6)

Commission shall act as Chairperson at the polling booth to

which each group of Assistant Conunissioners are assigned

and during voting only the Chairperson shall, when required,

communicate with the voters.

(7) The Commission shall. at least five days prior to

the start of the poll, forward to each Assistant Commissioner

or 10 the party on their behalf a tag to be worn by the m in the

polli ng place indicating thei r office as Assistan t

Commissioners and their names ....

Subsection (I) of section 58 of the principal Act shall be

amended as follows

(a) im mediately after the words "to any candi date for

election," there shall be inserted the words "or is not registered as

a vO(er in the last published Electoral Register"; and

(b) inunediately after the word "unsuitable" there shall be

inserted the words "or not sufficiently qual ified".

In subsection (1) of section 59 of the principal Act, for the

words "two days" there shall be substituted the words "four days".

In section 60 of the principal Act, for the words "election

agent" whereve r they occur there shall be substituted the words

"candidate's agenl", and for marginal note to the said section there shall

be substituted the following lI'llllginal note "Appointment of candidate's

Section 6 1 of the principal Act shall be amended as fo llows

(a) immediately at the end of subsection (1) thereof, there

shall be added the following words

"A political party may designate as a party agent, a person

already nominated by it as Assistant Commissioner in which

case such person may act both as Assistant Commissioner

and party agent."; and

in subsection (3) thereof immediately after the words

(b)

"containing the names" there shall be inserted the words ",

addresses and identity card numbers".

Immediately after section 61 of the principal Act there shall ~. o(

• uc . IDserte

dth'

e 10 II oWing

. new scctlOn

. 61 A

110._61-'

IOIho

pr;.cipol Act .

L-artikolu 63 taO I· Att prinCipali gl'landujigi emendat kif gej

(a) minnok in-nota marginali Ii hemm rna' l-anikoll

ghandha tidl'lol in· nota marginali " Identifikazzjoni ta' agenti.";

(b) fis-subartikolu ( I ) tieghu, minnok i1-kliem minr

"Flimkien rna' l·isem, l-indirizz" sal-kliem "rilrlllt tal·passapon

u I-Kummissjonarju" ghandhom j idhlu I-kliem "II·

Kummissjonarji"; u

(c) minflok is-subartikolu (2) tieghu ghandu jidhol dan is-

subartikolu gdid Ii gej

"(2) Il-Kummissjoni ghandha tghaddi Iii kull partit

politiku Ii jitlobhom bil-miktub, il-listi ta' I-agenti kollha

prez.entati mill.partiti politici l-ohra kollha kif ukoll I-agenti

ta' kandidati preientati mill-kandidati u minn min gew

nominati fi imien jumejn minn meta jaslulha I-listi u I' paniti

politici jistghu jaghmlu I-oppoiizzjoni taghhom dwar dan fi

imien croat ijiem minn dak inhar.".

Js·subartikolu (I) ta' I-artikolu 64 la' I-A U prinCipali ghandu

jigi emendat kif gej

(a) fil.parngrafu (b) tieghu warn I· kiiem "liIl' paniti politiCi

kollha Ii j kunu qeghdin jikkontestaw l-elezzjoni" ghandhom

jiidiedu I·ki iem "Ii jitolbu bil-miktub lijkollhom dawk il.listi ,M; u

il.paragrafu (c) tieghu ghandu jigi enumeral mill.gdid

(b)

bhala I.paragrafu (d) tieghu u minnufih wara I. paragrafu (b) tieghu

ghandu jidhol dan il-paragrafu (c) gdid Ii gej

"(c) I1·Kummissjoni ghandha wkoll tghaddi lill. paniti

politiCi Ii jireievu dawk il-listi kull tibdil fi, iieda rna', jew

thassir minn dawk il-listi Ii jista' jkun hemm ta' kuljum sal·

jum Ii jigi minnufih qabel il·votazzjoni u dawk il-partiti poli·

tici jistghu jivverifikaw il-korrettezza tat-tagh rif Ii jkollhom

jew Ii jiksbu mal-Kummissjoni rkull imien.".

41. Minflok I-artikoli 68 u 69 ta' I·An prinCipali ghandhomjidhlu

dawn I·anikoli 68, 68A u 691i gejjin

68 . ( 1) I1-Ku mmissjoni ghllndha liigura , skond

kemm ikun possibbli, Ii rkull kamra tal-votazzjoni j kun

hemm dislanz.a sew bejn ii-post rejn ikunu qeghdin bil-qeghda

I-Assistenli Kummissjonarji u I-kompartimenti tal-votazzjoni

Ii gewwa fihom jidhlu l-eletturi sabiex jimmarkaw il-poloz

tal-votazzjoni taghhom. ll. kompani menti tal.votazzjoni

ghandhom jigu kostruwiti b'mod tali Ii jeskludu l-possifJilta

Ii xi hadd ikun jista' jara kif I-elettur ikun qed jivvota.

(2) n·Kummissjoni ghandha tillob lill-partili

politici biex dawn jghaddulha ghadd biii.tjjed ta' ritratti tal·

kandidati rclattivi sabiex il·Kummissjoni tkun tista' twahhal

ritratt ta' kull kandidat rkull kamra tal-vocazzjoni tad-odisuett

eleuorali [ejn il-kandidat ikun qed jikkontesta l-elezzjoni. Kull

ritratt ghandu jkolJu isem il-kandidat u I-isem u I-badge tal-

panit Ii jkun qed jirrappreiema, jell ikun il-kai, u r-ritratti

ghandhom jintwerew fdak I-ordn i kif jidhru l-ismijict tal-

kandidati fuq il-polz.a tal-votazzjoni.II-Kummissjoni ghandha

taghti dawk id-direttivi Ii tista' tq is Ii jkunu xierqa dwar iI-

qies u l-ghamla la' dawk ir-ritrani.

(3) I1-Kummissjoni ghandha lii-gura Ii f'kull

kompartimenl tal-votazzjoni jk:un hemm im wal'lhal, rpost Ii 1-

elcttur ikunjista' jara sew ,kapja ta' I-Istruzzjonijiet liIl-elclturi

slabb iliti fi t-Tmien Skeda (8) Ii tinsab rna' dan I-Au, u lijkun

hcmm strumenti ghall-kitba disponibbli ghall-uw la' l-eletturi.

(4) Il-Kummissjoni ghandba lordna lill-Assistenti

Kummhsjonarjijiiguraw sew Jijqeghdu I-kaxxi laI-votazzjoni

kemm jisla' jkun fiI-qrib ta' fejn ikunu hu ma qeghdin bil·

qeglida u b'dak ii-mod Ii humajkunu jisighu jaraw sew lilI-

elettur lijkun qieghedjilfa' I' p:llza laI·yotazzjoni tieghu gewwa

fiha.

(5) Il-Kummissjoni ghandha Ihejji kamra jew

kmamar fkull post lal,volazzjoni fejn Ikun lisla' zi.omm, sal-

jum tal-volazzjoni, il-kaxex tal-votazzjoni, il-listi tal-persuni

bil-jedd Ii jivvolaw, il.poloz tal,volaz.zjoni u kull dokumenl u

materjal iehor relevanti Ii jkollu jintu:1;a f'dak il-posl lal-

votazzjoni fiI-jum tal-volazzjoni . lI-kamra ghandu jkoJlha

facilitajiet adegwati ta' dawl u ghandujkun hemrn fetl'la zghira

liI-bieb Ii Ikun tippenneni Ii wiehed jara x'ikun hc:rnm f'dik

il-karnra.

(6) iI-parl ili politiCi ghandhom jinghataw kull

raeilitl biex jispezzjonaw i\· postijiet tal. votazzjoni kollha

zrnien sew qabe l il-jurn taI.votazzjoni u lijaghmlu suggerimenti

lill-Kummissjoni dwar I-uzu taghhom.

(7) Il-kaxex tal-volazzjoni ghandu jkollhom dawk

il-qisien u jinhadmu minn dak il-materjal Ii l-Kummissjoni

tiddetiedi dwaru itda I-Kummissjoni ghandha tizgura Ii l-kaxxa

tku n lisla' tigi sigillata waql il-votazzjoni u Ii rna jkunx jisla'

jsir Ibaghbis maghha minghajr rna wielled jinduna. II-wicc

tal-kaxxa gliandu jkun maghmul minn mll.terjal trasparenti,

sakemm dan ikun teknikarnenl possibbli.

(I)

F'xi jum Ii jkun kemm jista' prauikament

68/\.

=~ qrib taJ-jum laI-vota:zzjoni iZda mhux qabel tlett ijiem minn

e!.toI. dak iJ-jum, il-Ku mmissjoni ghandha tikkonsenja null post

tal. votazzjOrli. il-kaxex tal-volaZzjoni. il-lista ta' persuni Ii

jkollhom jedd jivvolaw rdak ii-post. il-potoz tal-votazzjoni

u kull dokument u materjal relevanti ichor Ii jkun se jintuza

fdak ii-post tal-vmazzjoni fil -jum tal-votazzjoni u ghandha

tissigilla dawk id-dokumcnti u materjal fiI -kamra stabbilita

ghal dan il-ghan skond rna hemm fl-artikolu la' qabel la' dan

I-Alt. ll-kamra gllandha tiniamm mixghu la rkull hin.

(2)

ll-paniti politiCi jkoJlhom i1-jedd Ii

jissOIveljaw dak it-trnspolt, Ii jaghmlu s-sigilli taghhom mal-

kamra u rna' kulJ apettura Ii taghti ghaJiha u Ii jivverifikaw

x'hemm fil -kamra billi jharsu minn gol-fetha Ii jkun hemm

_m_

fiI -bieb null hin.

(1) Each political party may nominate a

number of persons equal to the number of electoral divisions

that are being contested by it to act as district co-ordinators

for it and such persons are in this Act referred to as district

agents.

(2) The district agents shall represent the party

nominating them with the Commission in the district to which

they are appointed and for this purpose shall have access to

the Commissioners at ~1I ti mes and shaH have the rig ht,

notwithstanding any other provision of this Act to the contrary,

to accompany any Commissioner into any polling place or

polling booth for the purpose of detennining any matter that

may arise during voting

Provided that a district agent may not so accompany

a Commissioner unless a district agent of another party is

also present.

Unless exceptionally authorised to do so by

(3)

any Conurussioner, in no case maya district agent interrogate

any person lawfully entrusted by the Conunission to carry

out any duty during the elections or to seek information from

them nor may they without such authorisation interrogate any

voter.

(4) Political panies exercising the right granted

to them by subsection (I) of this section shall forward a list

to the Commission containing the names. addresses and

identity card numbers of the persons nominated by them as

district agents not later Ihan the day appoi nted for the

nomination of Assistant Commissioners in terms of section

57ofthisAct.".

In section 62 of the principal Act, immediate ly after the words

39. "No person shall be appointed" there shall be inserted the words "district

agent," and inunedialcly after the words "or party agent" there shall be

insened tbe words "who is nOI registered as a voter in the last published

Electoral Register or",

40. Section 63 of the principal Act shall be amended as follows

for the marginal note thereto there shall be s ubstituted

(a)

the {oUowing marginal nOie "ldentification of agents.";

(b) in subsection (I) thereof, for the words from "Together

with the name, address" to the words "photograph of the agent

and the Commissioners" there shall be substituted the words ''The

Commissioners"; and

for subsection (2) thereof there shall be substituted the

(e)

following new subsection

"(2) The Commission shalt forward to each political

pany which ' asks for them in writing the lists of all agents

submitted by all the other political parties as well as all

candidates' agents submitted by the candidates and by wh.om

they have been nominated within two days of the recei pt

thereof and the politicaJ parties may make objections thereto

within four days thereof.",

Subsection (I) of section 64 of the principaJ Act shaJl be

41. amended as follows

in paragraph (b) thereof after the words ''to aJl political

(a)

parties contesting the election" there shall be added the words

", who ask for such lists in writing,"; and

(b) paragraph (c) thereof shall be renumbered as paragraph

(d) thereof and immediately after paragraph (b) thereof there

shall be inserted the following new paragraph (c)

"(c) The Commission shall also forward to political

parties receiving such lists any alteration, addition or

deletion to or from such lists on a daily basis up to the

day immediately preceding the poll and such political

panies may check the correctness of the information held

or received by them with the Commission at any time,",

42. For sections 68 and 69 of the principaJ Act there shall

be substituted the following sections 68, 68A and 69

(I) The Commission shall ensure thai, as far as

possible, there is in each polling booth an adequate distance

between the place where the Assistant Commissioners sit and

compottrr>oou.the voting compartments within which voters are to mark

their ballo t papers. T he voting compartments shall be

constructed in such a manner as to exclude the possibility

that any person may see how the voter is marlting his ballot

paper.

(2) The Commission shaJl request the political

parties to fu rnish it with a sufficient number of photographs

of its candidates in order that the Commission may affix one

photograph of each candidate in each polling booth of the

electoral division in which the candidate is comesting. Eacll

photograph shall have the name of the candidate and the name

and badge of the party he is representing, if any, and

photographs s hall be displayed in the order that the

can didates' names appea r on t he ballot paper. The

Commission shall give such directions as it may deem

appropria te regarding the size and format of suc h

photographs.

(3) The Commission shaJl ensure that in each

voting compartment a copy of the Instructions to Voters set

out in Schedule 8B to this Act are affixed in a place clearly

visible to the voter and that writing instruments are availablc

for use by voters.

(4) The Commission shaJl direct the Assistant

Commissioners to ensure that they place the ballot boxes as

near as possible to where they will be sitting and in such

manner as they may clearly see the voter introducing the

ballot paper imo it.

(5) The Commission shall prepare a room or

rooms in each polling place wherein to store until the polling

day the ballot boxes, the list of personsentilled to vote, ballot

papers and other relcvant documents and mate rials to be used

in that polling place on polling day. 'The room shall have

adequ:u:e lighting facilities and shall allow the visual checking

o f the inside through a small opening in the door.

(6)

The politicaJ parties shall be afforded all

facilities to inspect all polling places well in advance of polling

day and to make: suggestions to the Commission on the use

thereof.

(7) The ballot boxes shall be of such size and shall

be manufactured o f such material as the Commission shall

detennine provided Ihal lhe Commission shall ensure thaI it

is suitable to be sealed during voting and may not be tampered

with without detection. The lOp of the ballot box is to be

made of transluce nt material, in as far as this is technical ly

possible.

=~

(I) On any day as near as practicable to the

day of the poll but not earlier than three days therefrom, the

Commission shall deliver to each polling place the ballot

boxes, the list of persons entitled to vO(e thereat, ballol papers

and other relevant documents and materials to be used in that

polling place on polling day and shall seal such documents

and materials in the room designated for the purpose in

accordance with the previous section of this Act. The room

shall be lit at all times.

(2) The political parties shall have the ri ght to

oversee such transportation, to affix their seals to the room

and all the openings thereto and to visually check the room

through the door opening at all times.

- .,

(1) On the day fixed for polling and thirty minutes

prior to the start thereof, the room in the polling place where

the ballot boxes and other documents and materials have been

stored by the Commission shall be opened and the boxes.

documents and materials transferred to each polling booth by

the relative Assistant Commissioners.

(2) P rior to the start of p()lling the Assistan t

Commissioners. in the presence of any candidates or agents

as may be present shall open the ballot box consigned to them

and ensure that it is empty prior to sealing it and opening the

poll. If no candidate or agent is present the Assistant

Commissioners s hall ask any person present in the polling

place to enter the polling booth and witness the sealing of the

ballot boxes.

(3) After ascertai ning that the ballot box is empty.

if necessary by removing any extraneous material therein.

the Chairperson of the Assistant Commissioners shall proceed

to seal the ballot box in the manner and with the seal provided

to him by the Commission ensuring that he does not seallhe

opening through which the ballot papers are to be inserted by

voters.

(4) One agentorcandidate for each of the political

p arties present at suc h scaling may affix the party seal to the

b al lot box.

(5) After the ballot box bas been sealed the

Chairperson of the Assistant Commissioners shall so attest

on the form provided by the Commission and shall ask all the

persons present at the sealing to sign as witnesses whereupon

all shall leave the room except for the Assistant

Commissioners and the poll shall Slart.

(6)

In the event of any disagreement which cannot

be resolved between those present the Chairperson of the

Assistant Commissioners shal l ask a Commissione r to give

the necessary direction ....

...

Section 70 of the principal Ac t shall be amended as follows: ~ ... or

43. at the end of subsection (3) thereof there shall be added priacipol Aa.

(a)

th e words, " All communications between the Ass istan t

Commissioners and the voter whilst the latter is in the polling

booth shall be made through the Chairperson of the Assistant

Commissioners,"; and

(b )

in subsection (4) thereof, the words from "For the

purposes of this Act" to the words "for the validity of the baUI){

paper" shall be substituted by the words "Only the official mark

of the Commission shall be requ ired for the validity of the ballot

paper".

...

Section 71 of the principal Act shall be amended as follows: ~of

44. (a) for the word "opposite" in paragraphs (a) and (b) of ptioodpoolAa.

su bsection (2) and paragraphs (b) and (c) of subsection (3), there

shall be su bstituted in eac h case the word "against";

(b) in paragraph (I) of subsection (3) thereof for the words

"as defined in subsection (4) of section 70" there shall be substituted

the words "of the Commission"; and

(e) for subsection (4) thereof. there shall be substituted the

following

"(4) A votcr shall record his vOle secretly in the voting

compartment. After marking the ballot paper the voter shall

fold the ballot paper so as to show the official mark while

concealing his vOle. show theofficiaJ mark to the Chairperson

of the Assistant Commissioners, so that the Assistant

Commissioners may verify the same, and shall then put the

ballot paper in the ballot box in the presence of theAssistant

Commissioners.".

Subsection (4) of section 72 of the principal Act shall be

45. amended as follows

(a) the words " his declaration on oath" are 10 be substituted

by the words " his declaration on oath using the fonnat shown in

the Fifteenth Schedule annexed \0 this Act"; and

(b)

for paragraph (d) thereof there shall be substituted the

following

"(d) In order to assist sllch voler in indicating his

prefereoces, the Assistant Commissioners may refer the voter

to the phOlographs of the candidates displayed in the polling

booth in accordance with section 68 of this Act. ...

46. For section 77 of (he principaJ Act there shaU be substituted

the following

~.ud

(I) Notwithstanding anything to the contrary

pi.:!. contained in this Act, the Commission shall provide mixed polling

places for the purposes and in the manner provided for by this

section.

(2)

A mixed polling place is a polling place

which contains a ballot box for each electora] division and where

the voters mentioned in paragraphs (a) and (b) of subsection (4) of

this section shall vote independently of the electoral division where

they may be registered in the last published Electoral Register by

casting their vote in the ballot box appenaining to the electoral

division where they are registered.

(3) The Commission shall only provide mixed

polling places in the following localities

(a)

at the place where the counting of votes is to

take place in tenns of section 4.5 of this Act;

at Saint Vincent de Paule.

(b)

<a> Notwithstanding any other provision of this

(4)

Act, every person who shall have been selected to serve as an

Assistant Electoral Commissioner, including those selected

to serve as reserves, shall cast their vote at the place indicated

in paragraph (a) of subsection (3) orlhis section, and shall do

so the day preceding the polling day between 7.00 a.m. and

10.00 p.rn.

(b) For all effects and purposes of this section, the

persons who shall vo(c in accordance with paragraph (a) shall

be all those whose name is published in the list referred to in

subsection (6) of section 59 of this Act, even if anyone of

such persons shal l have resigned his appointment after the

publication o f that list.

(e) All voters who seven days before polling day shall

be resident. but nol registered as voters, at SainI Vincent de

Paule shall vote at the place indicated in paragraph (b) of

subsection (3) of this section, and it shall be the duty of the

sub-commiltee set up under section 81 of this Act, to detcnnine

who thesc volcrs shall be.

(S) For all cffccts and purposes of this Act a mixcd polling

place shall beconsidcred as an ordinary polling placc and thc rights

and dutics imposed on the Commission and persons appointed by

it, political parties, agcnts and candidates shall mutatis mutandis

apply.

(6) A copy of the list of persons entilied to votc in a mixed

polling placc shall be givcn by the Electoral Commission to the

political parties at lcast four days prior to polling day.".

...

Section 78 of thc principal Act shall be amcndcd as ~of

47. follows

pn.e;pooI loci.

(a) for tile words "clection agcnt" whcreverlhcy occur,

thcre shall be substituted the words "candidate's agent"; and

(b) in subparagraph (iii) of paragraph (c) of subsection

(6) thereof, immediately after the words "the names" there

shall be inserted the words "and, or, the particulars".

Section 83 of the principal Act shall be amended as

48. follows

(a)

in subsection (I ) thereof for the words "administrator

of the home" there shall be substituted the words "Chairperson of

the Sub-Commiuee" and for the word "administrator" there shall

be substituted the word "Chairperson";

inunedialely at the end of subsection (2) thereof there

(b)

shall be added the following words

"The sub-committee shall ascertain the option chosen

by each voter as soon as possible after the delivery of the

voting documents 10 the v()(en and shall infonn in writing

the pany delegates of the option chosen by each voter.";

subsections (3), (4), (5) and (6) thereof, shall be

(e)

renumbered as subsections (4), (5), (6) and (7) respectively;

(d) immediately after subsection (2) thereof there shall be

inserted the following Dew subsection (3)

"(3) A medical consultant having in his care any vOlcr

resident at a hospital or retirement home may, by issuing a

medical certificate to that effect. draw the attention of the

Commission to any dangers inherent to the health of his patient

should he be moved for the purposes of being taken to vote.

Such certificate will, however, in no way effec t the right of

that voter. or his next of kin where applicable, to ignore the

medical warning and decide to cast his vote."; and

(e) for subsection (6) thereof as renumbered there shall be

substituted the following

"(6) (a) During the day fixed forthe voting no person

shall without the authority of the Commission beallowed

to enter retirement homes.

(b) The provisions of paragraph (a) of this

subsection shall not apply to members of the sub·

committee, members of the staff and relatives of patients

who have been previously authorised to accompany

voters to vote

Provided that such relatives shall at all times wear

proper identification tags issued to them by the

Commission for the purpose ....

Garoer:lI.......-.

49. In Part xrn of the principal Act for the word "votes" wherever

:!'.:'

it occurs there shall be substituted the words "ballot papers".

principe! Act.

50. In section 8.5 of the principal Act for the words from ~ot

"Counting shall not commence" to the end of the section, there shall be :;;;..,-"

substituted the words ''The sorting of ballot papers shall not commence ~ Act.

until all the procedures set down in Parts XIlI and XIV of this Act have

been completed and the Commission declares that it is satisfied that

there has been no tampering. The sorting of all ball ot papers shall

commence at the same time in all electoral districts ....

....... o.

Ai

51. Section 86 of the principal Act shall be amended as

follows

,,~

principal Act.

(a) immediately at the end of subsection (8) thereof there

shall be added the follow ing words: "Ballot boxes shall be

transferred from this room to the counting area as soon as

practicable for the purpose of undertaking the Ballot Paper Account

Reconciliation process mentioned in the following Part of this

Act.";and

(b) in subsection (9) thereof for the words "counting

process", there shall be substituted the words "soning process".

52. In subsection (4) of section 87 of the principal Act for tbe .......... 111.

::,,&7

words "election and party agents" there shall be substituted the words

"candidates' agents and party agents".

principal AI:I.

53,

Section 89 of the principal Act shall be amended as follows: AmeudI ...... of

-"

,,~

(a) in subsection (I) thereof for the words "election agents" priacipol Act.

there shall be substituted the words "candidates'agents"; and

in subsection (2) thereof for the words "number of

(b)

candidates" there shall be substituted the words ''ten more than

the number of candidates",

...

~Of

54, Section 90 oflbe principal Act is to be ame nded as follows

(a) in the Maltese text of paragrnph (c) thereof, immediately priD<:ipal A ...

after the words "gl\add ta' kmamar kif j ista'''there shall be

inserted the word "jkun", and the words "bonafide broadcasting

personnel and newspaper reporters who shall have been previously

accredited by the Commission" are to be duly substituted by the

words "bonafide broadcasting personnel and newspaper reporters

who shall have been previously accredited by the Commission;

the Commission having the right and the duty 10 ensure that all the

broadcasting personnel and newspaper reporters so accredited by

it, carry out only those functions directly related to their profession,

failing which such an accredi tation is to be cancelled by the

Commission. The Commission is further bound 10 give the political

parties, IlOIlater than five days prior to the date of the poll, a detailed

lisl of all those persons accredited by ilto carry out any functions

at the counting hall during the counting process";

(b) in paragraph (d) thereof immediately following the words

"all parts of the counting hall" there shall be added the words "and

the party delegates and their sulH:lelegates shall have the right of

free access thereto at all times";

(e) in the Maltese text ofparngraph (0 thereof, forthe words

" b'dan gew no mi nati minn dawk id-delegati" there shall be

substituted the words "b'dan Ii d-delegati taI-partiti u sin sostituti

laghhom Ii jkunu gew nominati minn dawk id-deJegati";

(d)

paragraph (h) thereof is to be deleted;

(e) paragraphs (l), 0), (k), (I) and em) thereof are to be

renu mbered respectively as (h), (O, 0), (k) and (I) respectively;

,,'

(I)

in parngraph (m) thereof immediately after the words

"to any part of the building" there shall be inserted the words

"including any restricled area".

55. For section 92 of the principai AClthere shall be substituted

the following

-~ppointmenl

92.(1) The Commiss io n shall ap point such

... pe ....... to

. . .

•

eMW\! ~ persons as II considers appropnate to ensure the proper runmng

=".!~ . and maintenance or lne building designated for the storage of

ballot boxes and the cOltnting of votes and a list of such persons

shall be sent to the political parties at least six days prior to

the poll.

~a.y

(2) I n exuaordinary circu ms tances, the

~· Commission shall allow entry to the building designated for

the storage of ballot boxes and the counting of votes to such

other persons as it considers necessary provided that in no

case shall il allow entl)' 10 Ihe public generally.

(3) All persons, except forpoJice offtcers and membelS

oftheAnned Forces of Malta, allowed entry into the building

designated for the storage of the ballot boxes and the counting

of votes shall be issued by the Commission with identity cards

specifying the details required for cou nting agents and shall

wear such identification at al l times when they are within the

said building or the precincts thereof.".

56. In section 93 of the principal Act, for the words "election ~of

:':"93

agents" there shal l be substituted the words "candidates' agents".

pru.:ipol A<:L

'u .

57. For section 95 of the principal Act there shall be substituted SubociIutiOllcl

N<liocI9~

the o owmg

ofm.

principal Act.

As soon as practical after ballot boxes start being

deposited in the room designated by the Commission to hold

the ballot boxes in te nns of section 4S of this Act, the

Commission shall proceed to reconcile the Ballot Paper

Acco unt o f each box delivered by the Assistant

Commissioners with the actual number of votes in that box

and for this purpose shall release from !be said room (as. soon

as possible after they are received therein ensuring that no

confusion is created on the counting tables) the ballot boxes

to the counting tables of each appropriate electoral division

for the purpose of effecting such reconciliation.".

58. In section 97 of the principal Act for the words "One ballot A t " of

box at a time shall be opened in each electoral division" there shall be : .• :"'::'.-

substituted the words ''The Commission may order any number of ballot

boxes to be opened simultaneously in each electoral division provided

that adequate precautions are taken to ensure that the ballot papers from

different ballot boxes are kept separate".

In section 99 of the principal Act for the word "voles" there _ o f

59. :c

shaJJ be substituted the words ''ballot papers".

priDtipol Act .

=:' of

In ~tion 101 of the principal Act for the word "votes" there

60. shall be subslltuted the words ''ballot papers".

oft ...

princlpoll\cl .

61. In subsection (4) of section 107 of the principal Act for the =:;""f

word "election" there shall be substituted the word .. candidates....

oflho

prindpal "" .

62. Subsection (I) o f section 112 of the principal Act shall be ::....:~of

orm.

amended as follows

~lpol"""

(a) in paragraph (h) thereof for the words "of the

election," there shall be substituted the words "of the

election; or"; and

(b) immediately after paragraph (h) thereof there shall

be inserted the following

accepts a voting document, whether belonging to

"(i)

him or to any other person, when he is aware that he or such

mher person to whom the voting document refers has lost his

right to vote; or

(j)

votes when he knows that he has lost the right to

vote,".

63. Immediately after paragraph (b) of subsection (2) of section

116 of the principal Act there shall be inserted the following two

"(e) is displayed on a duly authorised billboard; and

(d) is displayed on a duly authorised streamer.".

64. For the Eighth Schedule to the principal Act there shall be

substituted the Eighth Schedule and Schedule Eight B appearing in the

Schedule to this Act.

65. The General Elections (Sorting of Ballot Papers, Casual

Elections and C(H)pting) Regulations, 1991 ,contained in the Thirteenth

Schedule to the principal Act shall be amended as follows

(a) in paragraph (1) of regulation 5, for the word "section"there

shall be substituted the word "regulation";

(b) immed iately after paragraph (2) of regulation 7, there

shall be added the following

"(3) The Electoral Commission may order that in

the same electoral division the vOles of more than one

candidate shall becountedcontemporaneously provided

that they ensure that the ballot papers belonging to

different candidates are kept separate.

(4) At the end ofthe count in a particular electoral

division the Commission shall declare the total number

of valid ballot papers in that division and the total number

of valid votes credited to each candidate in that e lectoral

division."; and

(c) in paragraph (1) or~gulation 10 for the words "fractional

pans" whe~ver they occur, the~ shall be substituted the words

"decimal parts (to four significant places)".

66, Immediately after the Founeenth Schedule to the AddiIiIIo..".

::-i:"'~ SdIoduIc

principal Act there shall be insened the following Schedule

priDcipai AcI.

" FlF 1 EENTH SCHEDULE

(Section 72)

Form of Oath which an Assistant Electoral Commissioner

may administer to a voter.

I , (I ) ............... .................. ...... having Identity Card

No ........ ... .... .... ... .... ... .... ..... ..

(2)

of

..................................... do swear/solemnly affirm that I

am requesting the assistance of the Assistant Electoral

Commissioners so that I may vole since I cannot mark

the ballot paper. (So help me God).

Date ............... .

Signature or mark of voter

Swom/Affirmed before me this ......... day of ..... ............ .

Signature of Assistant Electoral

Commissioner

(I) Name in full

(2) Address of voter" .

. ,.

-

Cae_,

The Local Councils Act, 1993, shall be amended as

follows

AclNo. XV ofl 'l9).

(a) in section 2 thereofthedefinition of"Local Councils

Electoral Register" shall be deleted;

(b) section 5 thereof shall be deleted;

(c) section 6 thereof shall be renumbered as section 5

and shall be amended as foll ows

(i) for the marginal note there shall be substituted the

following marginal nOle: " Persons entitled to vote.";

in subsection (I) thereof for the words "shall be

(ii)

registered as a voter in the Local Councils EJectoral Register"

there shall be substituted the words "shall be entitled to vote

at eJections of Local Councils";

(iii) in subsection (2) thereof for the words "shall be

entitled to be registered as voters in the Local Councils

Electoral Register" there shall be substituted the words "shall

be entitled to vOle at elections of Local Councils"; and

immediately after paragraph (d) thereofthcre shall be inserted

the following new paragraph (e)

"(e) they are registered as voters in the Special

Register mentioned in the following section of this Act";

(d) immediately after section 5 thereof as renumbered Ihere

shall be inserted the following new section 6

6. The Commission shall, togetber with the Electoral

Register .. publish. in the same formal as provided for the

Electoral Register, a Special Register showing all persons woo

are not citizens of Malta who are entitled to vote at elections

of Local Councils in accordance with the provisions of this

Act and any persons who, although registered as voters, have

lost their right to vote at elections of Local Councils following

a conv iciion for an offence in connection with the election of

members of Local Councils, All the provisions of the Electoral

Registe r shall, mutatis mutandis, apply to the Special

Register.";

(e) in section 7 thereof for the words "Local Councils'

Electoral Register" there shall be substituted the words "Electoral

Register or the Special Register";

(f) in section I I thereof for the words "Local Councils'

Electoral Regi ster" there shall be substituted the words "ElectoraJ

Register or the Special Register"; and

(g) in paragraph (j) of section 12 thereof for the words "Local

Councils' ElcclOrai Register" there shall be substituted the words

"Electoral Register or the Special Register".