ACT No. VII of 2009 AN ACT to amend the General Elections Act, Cap. 354 BE IT ENACTED by the President, by and with the advice of the House of Representatives, in this present Parliament assembled, and by the authority of the same as follows:-

I assent.

(L.S.) G eorge A bela

President

12th May, 2009

ACT No. VII of 2009

AN ACT to amend the General Elections Act, Cap. 354

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

the House of Representatives, in this present Parliament assembled,

and by the authority of the same as follows:-

The short title of this Act is the General Elections

(Amendment) Act, 2009 and this Act shall be construed as one with

the General Elections Act, hereinafter referred to as “the principal

Immediately after subarticle (3) of article 77 of the principal

Act, there shall be added the following new subarticle

(3A) (a) Notwithstanding the other provisions

“Voting before

of this Act or of any other law, every registered

voter who is entitled to vote at a general election, at an

election of Members of the European Parliament or at a

Local Council election and who is entitled to receive the

voting document and who declares on oath before the

Electoral Commission or such other persons appointed

by the Commission to act instead of the Commissioners

that he will not be in Malta on the day of the election,

shall be entitled to cast his vote at the place indicated

in paragraph (a) of subarticle (3) of this article between

00am and 10.00pm seven days before polling day.

(b) The sworn declaration referred to in paragraph

(a)

(i) may be made, as of right, until noon

of the Friday immediately preceeding the day

established for voting before polling day in

accordance with paragraph (a), and

(ii) shall be made in such form and in

accordance with such procedure as the Electoral

Commission may require.

(c) All the provisions of this Act applicable

to voting by Assistant Commissioners shall, without

prejudice to this subarticle, be applied mutatis mutandis

to registered voters entitled to vote before polling day in

accordance with paragraph (a)

Provided that any person who takes the oath

as aforesaid and who did not receive his voting

document, shall be given, by the Commission or persons

nominated by the Commission to act on behalf of the

Commissioners, such document when such person takes

such oath; or in default, such document may be collected

by such person himself from the place designated by the

Commission for the purpose of such person voting seven

days prior to polling day; provided that such person

produces his identity card to the representative of the

Commission who is delegated by the Commission for

the purpose of delivering such document

Provided further that a person who, after having

made a sworn declaration in accordance with paragraph

(a) does not vote on the day established for voting

before polling day, shall have the right to vote on polling

day.”.

Passed by the House of Representatives at Sitting No. 107 of 30th April, 2009.

L ouis G alea

Speaker

P auline A bela

Clerk to the House of Representatives

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