ACT No. XVI of 2003 AN ACT to make provision for the holding of elections to the European Parliament.

I assent.

G EORGE H YZLER

(L.S.)

Acting President

26th November, 2003

ACT No. XVI of 2003

AN ACT to make provision for the holding of elections to the European

Parliament.

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

consent of the House of Representatives, in this present Parliament

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

(1) The short title of this Act is the European Parliament Short title

and

Elections Act, 2003.

commencement.

(2) The provisions of this Act shall come into force on such

date as the Prime Minister may by notice in the Gazette appoint, and

different dates may be so appointed for different provisions and different

purposes thereof.

In this Act unless the context otherwise requires>

Interpretation.

“the Act” means the Act of the member States of the European

Communities concerning the election of the representatives of the

Assembly by direct universal suffrage annexed to Decision

76#787#ECSE, EEC, Euratom published in the Official Journal of

the European Union, as from time to time amended<

“competent authority” means the body in a Member State

charged with the conduct of elections of members of the European

Parliament and the registration of voters therefor<

“election of members of the European Parliament” means

elections of members of the European Parliament held in

accordance with, and pursuant to, the Act and the Treaty<

“Electoral Commission” means the Electoral Commission

established by article 60 of the Constitution<

“Electoral Register” means the Electoral Register published

in accordance with the provisions of the General Elections Act<

“Electoral Roll” in relation to Malta means the Electoral

Register and the European Union Electoral Register and in relation

to other Member States means the official register of all voters

entitled to vote in a particular constituency or locality, drawn up

and kept up to date by the competent authority under the applicable

electoral law of the Member State or the population register where

such register indicates eligibility to vote<

“European Parliament” means the European Parliament

referred to in the Treaty<

“European Union” means the European Union referred to in

the Treaty<

“European Union Electoral Register” means the register of

voters kept in accordance with articles 11 to 14 of this Act<

“Home Member State” means the Member State of which a

person is a national<

“Member State” means a State which is a member of the

European Union<

“the Treaty” has the same meaning assigned to it in article 2

of the European Union Act, 2003.

The election of members of the European Parliament shall be

held in accordance with the provisions of this Act.

The number of members of the European Parliament to be

elected shall be that established by or under the Treaty.

(1) Elections of members of the European Parliament shall

be held every five years commencing in 2004, on the second Saturday

in June or on such other date as the Prime Minister may by notice in the

Gazette from time to time establish.

(2) Voting shall start at 7.00 a.m. and close at 10.00 p.m.

The registration of voters for Elections of members of the Electoral

Commission

European Parliament, the conduct of the relevant elections and the to conduct

counting of votes shall be the sole responsibility of the Electoral elections etc.

Commission.

The election of Members of the European Parliament shall be Method

Election.

conducted according to the principle of proportional representation by

means of the single transferable vote, each voter having one such vote.

For the purpose of election of Members of the European Malta

to constitute

Parliament the territory of Malta shall constitute one single electoral one electoral

division.

division.

At least thirty five-days before the day fixed for election of Election

Notice.

Members of the European Parliament, the Electoral Commission shall

issue and publish in the Gazette a notice in the form set out in the First

Schedule to this Act.

Every person whose name appears in the Electoral Register Persons entitled

to vote.

last published before the date fixed for the election and every person

whose name appears in the European Union Electoral Register and who

in either case has not, following the publication of the said Electoral

Register or the said European Union Electoral Register, been convicted

of any offence connected with the election of members to the House of

Representatives or with the election of members of Local Councils or

with the election of members of the European Parliament shall be entitled

to vote in elections of members of the European Parliament.

Subject to the provisions of article 12 a person shall be Qualifications

for voters

qualified to be registered in the European Union Electoral Register, if> in the European

Union Electoral

Register.

(a) he is a national of a Member State whose name does not

appear in the Electoral Register< and

(b) he is requested to be, and is, in possession of an identity

card in accordance with the Identity Card Act< and

(c) he fulfils the requirements listed in paragraphs (b) and

(c) of article 57 of the Constitution>

Provided that for the purposes of this paragraph residence in

any Member State shall be deemed to be residence in Malta<

(d) he declares that he will exercise his right to vote for

election of members of the European Parliament in Malta only<

and

(e) he has not been deprived of the right to vote in his Home

Member State,

and unless he satisfies the requirements of paragraphs (a) to (e) above

shall not be so qualified.”.

No person shall be qualified to be registered in the European

Union Electoral Register if -

(a) he is interdicted or incapacitated for any mental infirmity

by a court in a Member State or is otherwise determined in a

Member State to be of unsound mind<

(b) he is serving a sentence of imprisonment (by whatever

name called) exceeding twelve months imposed on him by a court

in a Member State or substituted by competent authority for some

other sentence imposed on him by such court, or is under such a

sentence of imprisonment the execution of which has been

suspended< or

(c) he is disqualified for registration as a voter by or under

any law in Malta by reason of his having been convicted of any

offence connected with the election of members of the House of

Representatives, members of Local Councils or members of the

European Parliament.

(1) The Electoral Commission shall publish the European

Union Electoral Register which shall contain the list of all persons

qualified to be registered therein in accordance with article 11.

(2) The provisions of the General Elections Act relating to

the publication and correction of, and the striking off of names from,

the Electoral Register shall unless otherwise provided in this Act apply

in relation to the European Union Electoral Register.

(3) A Maltese national who is registered in the European

Union Electoral Register who is qualified to be registered in the Electoral

Register shall have his name cancelled from the European Union

Electoral Register upon being registered in the Electoral Register.

(4) A Maltese national who for any reason has his name

struck off the Electoral Register but who is qualified to be registered in

the European Union Electoral Register shall, on his name being struck

off from the Electoral Register, be registered in the European Union

Electoral Register.

(1) A person desiring to be registered in the European Union Registration in

the European Union

Electoral Register shall only be so registered and shall only be entitled Electoral Register.

to remain so registered if, besides satisfying the requirements of article

11, he declares to the Electoral Commission>

(a)

that he is resident in Malta<

(b) his nationality<

(c) the date on which he took up residence in Malta or in

any other Member State<

(d) his address in Malta<

(e) the locality or constituency in his Home Member State

or any other Member State, if any, on the Electoral Roll of which

his name was last registered<

(f)

that he will exercise his right to vote in Malta only<

(g) that he has not been deprived of his right to vote in his

Home Member State<

and he produces to the said Commission a valid identity document>

So however that the Electoral Commission shall have the

right,whenever it deems it so opportune, to require a person whose name

appears in the European Union Electoral Register to make a fresh

declaration as herein above provided.

(2) Where a person satisfies the requirements of subarticle

(1) hereof, the Electoral Commission shall enter his name in the

European Union Electoral Register if it is satisfied that he is so qualified

in accordance with article 11.

(1) The Electoral Commission shall notify the competent Exchange of

information in

authority of the Home Member State of any declaration made by any connection with

person in accordance with article 14, for the sole purpose of verifying registration

of voters.

the contents thereof< and where upon information received from the

home Member State it results that the contents of the declaration are

not true, the Electoral Commission shall not register such person in the

European Union Electoral Register, or, if such person is already

registered, it shall strike off his name.

(2) The Electoral Commission shall verify the contents of

similar declarations made to the competent authorities in other Member

States and shall communicate to them any relevant information in its

possession.

(3) Information exchanged in terms of this article shall be

provided in good time and in an appropriate form and manner and may

only include details that are strictly necessary for the implementation

of the provisions of this article and may only be used for such purposes.

A person whose name appears on the European Union

Electoral Register may at any time, in writing, request the Electoral

Commission to remove his name from such Register and thereupon his

name shall be struck off the European Union Electoral Register.

(1) No person shall in an election of members of the

European Parliament cast his vote in Malta and in another Member

State.

(2) Any person who acts in contravention of the provisions

of subarticle (1) hereof shall be guility of an offence and shall upon

conviction be liable to imprisonment for not more than six months or to

a fine (multa) of not more than ten thousand liri or to both such fine and

imprisonment.

(3) For the purpose of ensuring compliance with subarticle

(1) of this article the Electoral Commission shall, sufficiently in advance

of the day fixed for voting, inform the competent authority in the Home

Member State of any person listed in the European Union Electoral

Register who has opted to cast his vote in Malta.

(4) Where the Electoral Commission received information

from the competent authority of another Member State that a person,

whose name is entered in the Electoral Register or the European Union

Electoral Register, has been registered in the Electoral Roll of such

state, it shall for the purposes of the election of members of the European

Parliament strike off that person’s name from the Electoral Register, or

the European Union Electoral Register, as the case may be.

Subject to the provisions of article 19, a person shall be

qualified to stand for election as a member of the European Parliament

if such person is registered as a voter in the Electoral Register or in the

European Union Electoral Register>

Provided that public officers or any class or classes thereof may

be restricted from standing for election as members of the European

Parliament by the Public Service Management Code or such other

regulations, rules or norms applicable from time to time to the Public

Service.

(1) Without prejudice to the provisions of the Act, no person Persons not

qualified to stand

shall be qualified to stand for election as a member of the European for election.

Parliament or, if elected, to remain a member thereof if, whether in

Malta or in any other Member State –

(a) he is a member of any disciplined force as defined in

article 47 (1) of the Constitution or of a corresponding force of

another Member State<

(b) he holds any office the functions of which involve any

responsibility for or in connection with the conduct of elections of

members of the European Parliament or the compilation or revision

of any Electoral Roll<

(c) he is an undischarged bankrupt having been adjudged

or otherwise declared bankrupt under any law in force<

(d) he is interdicted or incapacitated for any mental infirmity

or for prodigality by a court or is otherwise determined to be of

unsound mind<

(e) he is serving a sentence of imprisonment (by whatever

name called) exceeding twelve months imposed on him by a court

in a Member State or is under such a sentence of imprisonment the

execution of which has been suspended<

(f)

he is a member of the judiciary<

(g) he has been disqualified for standing for the election of

members of the European Parliament in terms of any law in force<

(h) he is standing as a candidate for the election of members

of the European Parliament in the same election in another Member

State.

(2) The office of member of the European Parliament shall Incompatibility

be incompatible with that of member of the House of Representatives of certain officers

or of member of a Local Council under the Local Councils Act or of Cap. 363.

any other similar institution or organ in another Member State, and

where a person who holds one of the said offices is elected to a second

such office that person shall, within five working days of the publication

of the results of the election to such second office, renounce one of

these offices>

Provided that where a person fails to renounce one of these offices

within the said term of five working days, he shall be deemed to have

renounced the office of member of the European Parliament.

(1) A candidate whose name appears on the European

Union Electoral Register shall, when filing his nomination as candidate,

also make a formal declaration in writing to the Electoral Commission

stating that he is not standing as a candidate in any other Member State,

and shall also produce to the Electoral Commission a valid identity

document.

(2) A candidate whose name appears in the European Union

Electoral Register and who is not a Maltese national shall also produce

to the Electoral Commission a declaration from the competent authority

of his Home Member State certifying that he has not, otherwise than

because of his having been registered in the European Union Electoral

Register, been deprived of the right to stand for election in that Member

State or that no such disqualification is known to that authority.

(3) The Electoral Commission shall notify the competent

authority of the Home Member State of the declarations made in

accordance with subarticle (1) for the sole purpose of verifying the

contents thereof and if upon information received from the Home

Member State it results that the contents of the declaration are not true,

the Electoral Commission shall not register the person as a candidate,

or if he is already registered, shall strike off his name from the list of

candidates<

Provided that such striking off is effected before the ballot papers

are printed>

Provided further that with respect to any such person who is a

Maltese national the provisions of this subarticle shall apply as if any

reference therein to Home Member State were a reference to the last

Member State in which such person resided before taking up residence

in Malta.

(4) The Electoral Commission shall verify similar

declarations notified to it by the competent authority of other Member

States and shall supply such competent authorities with the relevant

information.

(5) Information exchanged in terms of this article shall be

provided in good time and in an appropriate manner and may only

include details that are strictly necessary for the implementation of the

provisions of this article and may only be issued for such purpose.

(1) Save as otherwise provided in the Second Schedule to Conduct of

this Act and save where such provisions are incompatible with the Elections.

provisions of this Act, the provisions of the General Elections Act and Cap. 354.

of the Electoral Polling Ordinance shall apply to the conduct of elections, Cap. 102.

and to the counting of votes in elections, of members of the European

Parliament.

(2) The Electoral Commission may, from time to time, issue

directives interpreting as may be necessary the provisions of the General

Elections Act and of the Electoral Polling Ordinance in their application

to the election of members of the European Parliament under this Act.

Such directives shall be immediately applicable and shall be published

in the Gazette in the shortest time practicable.

(3) (a) The counting of votes shall commence at noon of

the Sunday following the day of voting or at such other time or day as

the Prime Minister may by notice in the Gazette from time to time

establish.

(b) The Electoral Commissioner shall ensure that the result

of the first count of votes is not officially made known until after the

close of polling in all Member States.

(4) The Prime Minister may by regulations under this

subarticle establish the maximum expenses that may be incurred by a

candidate at an election of members of the European Parliament or his

election agent whether before, during, or after an election on account of

or in respect of the conduct of such election.

Wherever the seat of any Member of the European Parliament Filling

elected under this Act becomes vacant, the vacancy shall be filled in of vacancies.

the manner provided by or under any law for the time being in force in

Malta for the filling of vacancies of members of the House of

Representatives>

Provided that where a vacancy is to be filled by means of co-option,

that co-option shall be made by the House of Representatives from

among the candidates who had contested the same election.

The provisions of this Act, except where the content otherwise Scope of this

Act.

requires apply only in relation to members of the European Parliament

who fall to be elected in Malta.

The Local Councils Act is hereby amended as follows>

(a) in article 2 thereof, immediately after the definition

“Electoral Register” there shall be inserted the following new

definition>

“ “European Union Electoral Register” has the same

meaning assigned to it by article 2 of the European Parliament

Elections Act, 2003<”<

(b) in subarticle (4) of article 3 and in articles 7 and 11

thereof for the words “Special Register” wherever they occur there

shall be substituted the words “European Union Electoral Register”<

(c) subarticle (2) of article 5 thereof shall be substituted by

the following>

“(2) Every person who is a national of a Member State

of the European Union whose name appears in the last

published European Union Electoral Register and who has

not been convicted of any offence connected with the election

of members of Local Councils shall be entitled to vote in

elections of Local Councils.”<

(d) article 6 thereof shall be deleted<

(e) subarticles (5) and (6) of article 8 thereof shall be

substituted by the following>

(5) If elections for councillors are due to be held within

four months of the holding of general elections, European

Parliament elections or referenda, the election of councillors may

be postponed or brought forward to a date determined by the

Minister, but in any case not later or earlier than four months of

the holding of such general elections, European Parliament

elections or referenda>

Provided that, in the event that the elections are so postponed

or brought forward, the term of office of councillors in office at

the time of such postponement or bringing forward shall be

extended or reduced by the same period by which the elections

are postponed or brought forward and that of the councillors

subsequently elected shall be reduced or extended by the same

period by which the term of office of the previous councillors has

been extended or reduced.

(6) Elections shall be held on the second Saturday of March

or on such a date as may be established by the Prime Minister in

the Gazette>

Provided that the Minister may by order in the Gazette

stipulate that an election may be delayed or brought forward by

two weeks from the date stipulated above.”<

(f) in article 11 thereof for the word “Estacode” there shall

be substituted the words “Public Service Management Code”.

(g) in article 12 thereof>

(a) immediately after the words “Member of the House

of Representatives” in paragraph (a) thereof, there shall be

added the words “or of any similar institution in another

Member State of the European Union”<

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

be inserted the following>

“(aa) he is a member of the European Parliament”<

and

(c) in paragraph (c) thereof immediately after the words

“a member of another Local Council” there shall be added

the words “or of any similar institution in another Member

State”<

(h) in subarticles (1) and (2) of article 47A, in subarticle (2)

of article 72 and in article 78, thereof for the words “Eleventh

Schedule” there shall be substituted the words “Ninth Schedule”<

(i) in the Third Schedule, the following proviso shall be

added to subarticle (2) of article 34>

“Provided further that where such election shall coincide

with a general election, referendum or European Parliament

election, the time of closure of voting shall be extended and

be the same as the time of closure of voting for general

elections, referenda or European Parliament elections as the

case may be.”<

(j) the Ninth Schedule thereto shall be deleted< and

(k) the Eleventh Schedule thereto shall be renumbered as

the Ninth Schedule thereto, and shall appear in the appropriate

numerical order as renumbered.

First Schedule

(Article 9)

Form of Notice by the Electoral Commission.

The Electoral Commission established in terms of article 60 of the Constitution

hereby notifies that in virtue of the provision of the European Parliament Elections

Act, 2003, an election is being held on Saturday, ……………………………………

Second Schedule

(Article 21)

Provisions Regulating the Conduct of Elections of Members

to the European Parliament

1. Application of the General Elections Act, Cap. 354.

The General Elections Act, including the Schedules attached thereto and any

regulations made thereunder, shall apply to the election of members of the European

Parliament as if>

(a) unless otherwise determined by the Electoral Commission because of

their context, references therein to election, general election or election of the

members of the House of Representatives were references to elections of the

members to the European Parliament<

(b) unless otherwise determined by the Electoral Commission because of

their context, references therein to candidates were a reference to candidates for

election as members to the European Parliament<

(c) unless otherwise determined by the Electoral Commission because of

their context, references therein to the transfer of the registration of a voter in Part

II thereof include the transfer of registrations between the Electoral Register and

the European Union Electoral Register and vice-versa<

(d) unless otherwise determined by the Electoral Commission because of

their context, references therein to divisions or electoral divisions were references

to the territory of Malta as a single electoral division under this Act<

(e) unless otherwise determined by the Electoral Commission because of

their context, references therein to the Electoral Register were references to the

European Union Electoral Register, or according to the context, also to the

European Union Electoral Register<

(f) unless otherwise determined by the Electoral Commission because of

their context, references therein to voters and registered voters include voters

registered in the European Union Electoral Register<

(g) the number of district agents to be nominated by each political party in

terms of article 61A (1) thereof was a number equal to the number of electoral

divisions in which Malta was divided in the last general election held immediately

before the holding of the election of members of the European Parliament<

(h) the number of counting agents to be nominated by the political parties

in terms of article 89 (2) thereof was such number as is equal to the number of

counters being used by the Electoral Commission at the time in question<

(i) reference to the Writ therein were a reference to the Notice issued by

the Electoral Commission in terms of article 9 of this Act.

(j) articles 15 to 18, 77(2), 103, 104(2) to 104(4), and 109 thereof were

deleted< and

(k) in the Thirteenth Schedule thereto all references to the transfer of votes

between divisions were deleted

2. Application of the Electoral Polling Ordinance, Cap. 102.

The Electoral Polling Ordinance shall apply to the election of members of the

European Parliament as if the references therein to election and election of the House

of Representatives were references to the election of members of the European

Parliament>

Provided that for the purposes of elections of members of the European Parliament

the reference to six hundred liri and three thousand liri in article 46 thereof were a

reference to such sum as the Prime Minister may from time to time establish under 21

(4) of this Act.

Passed by the House of Representatives at Sitting No. 64 of the 25th November,

2003. A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press