ACT No. XIV of 2012 AN ACT to amend the General Elections Act.

I assent.

A NTON T ABONE

(L.S.)

Acting President

17th July, 2012

ACT No. XIV of 2012

AN ACT to amend the General Elections Act.

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:-

The short title of this Act is the General Elections Short title.

(Amendment) Act, 2012, and this Act shall be read and construed as

one with the General Elections Act, hereinafter referred to as "the Cap. 354.

principal Act".

Article 33 of the principal Act shall be amended as Amendment of

article 33 of the

principal Act.

(a)

sub-article (5) thereof shall be deleted;

(b) sub-articles (6) and (7) shall be renumbered as sub-

articles (5) and (6) respectively; and

(c)

for sub-article (5) as renumbered there shall be

substituted the following

"(5) The Commission shall cause to be published

in the Gazette as soon as possible after the dissolution of

Parliament and in any case not later than five days after the

publication of the Writ in the Gazette, a revised Electoral

Register, the revision of which shall include

(a) any alteration to the boundaries of the

electoral divisions which may have been approved

by the House under the provisions of article 61 of

the Constitution in the interim between the

publication of the last revised Electoral Register

and the dissolution of Parliament;

(b) all corrections, additions, transfers and

cancellations effected from the date of the

publication of the last revised Electoral Register

published in terms of sub-article (1) of this article;

and

(c) any person who has since the

publication of the last revised Electoral Register

attained or shall attain the age of eighteen years up

to and including the day preceding the day on

which the election is to be held provided that such

persons are, except for the fact that they are not

listed in the last revised Electoral Register

published in terms of sub-article (1) of this article,

qualified to be registered as voters in accordance

to article 57 of the Constitution of Malta.".

Article 35 of the principal Act shall be substituted by the

following new article

"35. (1) Whenever an election is to be held, the voters

shall be those whose name appears in the revised Electoral

Register published in terms of article 33(5), subject to such

additions, cancellations or corrections ordered by the Revising

Officer, and the Commission shall not have the right to withhold

any voting document to any voter who is so registered unless

such voter has died

Provided that nothing in this article shall entitle any person

to vote, who has ceased to have the necessary qualifications to

vote or relieve such person from penalties to which he may be

liable for so voting. Nor shall anything in this article entitle any

person to vote unless he satisfies the requirements of this Act.

(2) The public officers indicated in article 20, the

Commissioner of Police, the Registrar of the Courts of Malta

and the Registrar of the Courts of Gozo, shall be required to

furnish the Commission with all information it may require to

determine whether or not a person is entitled to be registered as

a voter.".

Article 46 of the principal Act shall be amended as Amendment of

article 46 of the

principal Act.

(a)

sub-articles (5) to (11) thereof, both inclusive, shall

be re-numbered as sub-articles (6) to (12), both inclusive,

respectively;

(b) immediately after sub-article (4) thereof, there shall

be added the following new sub-article

"(5) (a) Any voter who is registered as a voter in

Gozo may, in the period of ten days after the publication of

the Writ, inform in writing the Commission that such voter

desires that his document is collected by himself from the

office of the Commission in Malta in the period starting

from when undelivered voting documents can be collected

in terms of sub-article (9) up to the Thursday before

polling day.

(b) In such event the Commission shall, unless

such voting document had already been delivered prior to

the receipt of such request, ensure that such voting

document is withheld or retrieved, and made available for

collection by the voter personally from the office of the

Commission in Malta on the days appointed for collection

in terms of this sub-article.

(c) Any voter who is registered as a voter in

Malta may, in the period of ten days after the publication of

the Writ, inform in writing the Commission that such voter

desires that his document is collected by himself from the

office of the Commission in Gozo in the period starting

from when undelivered voting documents can be collected

in terms of sub-article (9) up to the Thursday before

polling day.

(d) In such event the Commission shall, unless

such voting document had already been delivered prior to

the receipt of such request, ensure that such voting

document is withheld or retrieved, and made available for

collection by the voter personally from the office of the

Commission in Gozo on the days appointed for collection

in terms of this sub-article.

(e) The Commission shall keep a written record

of all requests made by virtue of this sub-article and shall

provide the parties with a list of such requests received,

with such list being supplied first within two days after the

publication of the Writ and updated every two days

thereafter.";

(c)

in subarticle (9) thereof, as re-numbered, for the

words "in terms of subarticle (6)" there shall be substituted the

words "in terms of sub-article (7)";

(d) sub-article (10) thereof, as re-numbered, shall be

amended as follows

(i) for the words "contained in subarticles (6),

(7) and (8)", there shall be substituted the words

"contained in sub-articles (7), (8) and (9)";

(ii) for the words "mentioned in subarticle (5)",

there shall be substituted the words "mentioned in sub-

article (6)"; and

(iii) for the words "in terms of subarticle (8)",

there shall be substituted the words "in terms of sub-article

(9)".

Article 66 of the principal Act shall be amended as

(a)

for the words "Any club, shop or any other public

establishment within such distance" there shall be substituted

the words "Any political party club within the distance of fifty

metres from the centre of the width of the door used as an

entrance to the polling place"; and

(b) for the words "on polling day." there shall be

substituted the words "on polling day:" and immediately

thereafter there shall be added the following proviso

"Provided that the Electoral Commission and the

Commissioner of Police may order the closure of any club,

shop or other public establishment within such distance of

fifty metres if in their opinion, such closure is necessary to

maintain public order or prevent undue influence on voters

during voting.".

Article 77 of the principal Act shall be amended as

(a)

in paragraph (b) of subarticle (3) thereof, for the

words "at Saint Vincent de Paule.", there shall be substituted the

words "at Saint Vincent de Paule;", and immediately thereafter

there shall be added the following new paragraph

"(c) at Mater Dei Hospital Msida, Karen Grech

Hospital Gwardamanġa, Mount Carmel Hospital Attard,

and Gozo General Hospital.";

(b) immediately after sub-article (3A) thereof, there

shall be added the following new sub-article

"(3B) Notwithstanding the provisions of this Act or

of any other law, the Chairman and Members of the

Electoral Commission shall, in a general election, in an

election of Members of the European Parliament and in a

Local Council election, vote at the place indicated in sub-

article (3)(a) between 7.00 am and 10.00 pm seven days

before polling day.";

(c)

immediately after paragraph (c) of sub-article (4)

thereof, there shall be added the following new paragraphs

"(d) All voters who three days before polling shall

be registered as patients at Mater Dei Hospital, Karen

Grech Hospital, Mount Carmel Hospital, and at the Gozo

General Hospital, shall vote in the place indicated in

subarticle (3)(c) and it shall be the duty of the sub-

committee set up under article 81, to determine who these

voters shall be.

(e) Notwithstanding the other provisions of this

Act, voters residing at Saint Vincent de Paule as well as

voters who shall vote in a hospital in accordance with

paragraph (d) shall vote on the day prior to election day

between 7.00 am and 10.00 pm."; and

(d) subarticle (6) thereof shall be substituted by the

following new subarticle

"(6) In the case of those voters voting in the

localities indicated in sub-article (3)(a) and (b), a copy of

the list of persons entitled to vote in such mixed polling

place shall be given by the Electoral Commission to the

political parties, at least four days prior to polling day. The

list of the persons entitled to vote in locality indicated in

sub-article (3)(c) shall be given by the Electoral

Commission to the political parties by not later than

midnight of the Thursday preceding the polling date.".

For the heading in Part XII of the principal Act, there shall Substitution of

be substituted the following new heading: "Voting in Retirement heading

XII of the

Homes and Hospitals".

principal Act.

Article 80 of the principal Act shall be substituted by the

following new article

" Retirement

80. For the purpose of this Part, "a

Home and

retirement home" means such place or places

hospitals.

principally used for the care of elderly

persons in which at least fifty voters reside

and "hospitals" means Mater Dei Hospital,

Karen Grech Hospital and Mount Carmel

Hospital in Malta, and the General Hospital in

Gozo

Provided that the provisions of article

81(3)(a), of article 82(1)(b) and of article 83

shall not apply to retirement homes not run or

administered by the Government.".

Article 81 of the principal Act shall be amended as

follows

(a)

in the marginal note thereof, immediately after the

words "Sub-committee for Retirement Homes", there shall be

added the words "and hospitals";

(b) in sub-article (1) thereof, for the words "retirement

homes", there shall be substituted the words "retirement homes

and hospitals"; and

(c)

in sub-article (2) thereof, for the words "old age

homes", there shall be substituted the words "retirement homes

and hospitals".

Article 82 of the principal Act shall be amended as

follows

(a)

in the marginal note, immediately after the words

"Duties of persons responsible for the administration of

retirement homes", there shall be added the words "and

hospitals";

(b) sub-articles (2), (3) and (4) thereof shall be re-

numbered as sub-articles (3), (4) and (5) respectively;

(c)

immediately after sub-article (1) thereof there shall

be added the following the new sub-article

"(2) Within three days of the publication of the

Writ the person responsible for the administration of

hospitals shall send to the sub-committee

(a) a list of all patients currently in the

hospitals indicating the name, identity card number,

last known address, ward number, name and

address of the next of kin. The person responsible

for the administration shall send updated lists of the

patients on a daily basis to the sub-committee until

the day preceding the election; and

(b) a list of all staff at the hospital

indicating the name, identity card number, address,

grade and working hours up to the day following

the day fixed for voting.";

(d) in sub-article (4) thereof, as re-numbered, for the

words "retirement home", there shall be substituted the words

"retirement home and hospital"; and

(e)

in sub-article (5) thereof, as re-numbered, for the

words "retirement homes", there shall be substituted the words

"retirement homes and hospitals".

Article 83 of the principal Act shall be amended as Amendment of

article 83 of the

principal Act.

(a)

in the marginal note thereof, immediately after the

words "Voting at Retirement Homes", there shall be added the

words "and hospitals";

(b) sub-article (1) thereof shall be substituted by the

following new subarticle

"(1) The voting documents of voters registered in

retirement homes shall be delivered to the voters

personally in the retirement home. Unless delivered to the

voter prior to admittance as a patient into a hospital, the

voting documents of patients in hospitals shall be delivered

to the voter personally in the hospitals. The voter may opt

to deliver the voting document to the Chairperson of the

Sub-Committee for safekeeping, and such Chairperson

shall return the same to the voter on the day fixed for

voting or on such earlier day as may be requested by the

voter.";

(c) in sub-article (2) thereof, for the words "in

retirement homes", there shall be substituted the words "in

retirement homes and hospitals";

(d)

in sub-article (4) thereof, for the words "at such

homes" and "to such homes", there shall be substituted the

words "at such homes and hospitals" and "to such homes and

hospitals" respectively;

(e) in paragraph (a) of sub-article (6) thereof, for the

words "retirement homes", there shall be substituted the words

"retirement homes and hospitals"; and

(f)

in sub-article (7) thereof, for the words "in a

retirement home", there shall be substituted the words ""in a

retirement home and hospital".

Passed by the House of Representatives at Sitting No. 501 of the

10th July, 2012.

M ICHAEL F RENDO

Speaker

R AYMOND S CICLUNA

Clerk to the House of Representatives