ACT No. XIX of 2018 AN ACT to amend the General Elections Act, Cap. 354.

I assent.

(L.S.)

MARIE-LOUISE

COLEIRO PRECA

President

25th May, 2018

ACT No. XIX of 2018

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

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, 2018.

PART I

AMENDMENTS TO THE GENERAL ELECTIONS ACT

This Part amends the General Elections Act and shall be Amendments to

read and construed as one with the General Elections Act, hereinafter the

General

Elections Act.

in this Part referred to as "the principal Act".

Article 2 of the principal Act shall be amended as follows

(a)

immediately after the definition "polling booth"

there shall be added the following new definition

" "polling day" means the proper day established

for voting in the President’s Writ referred to in article 44;"

and

(b) immediately after the definition "polling place"

there shall be added the following new definitions

" "the first voting day" means the Saturday before

polling day when advanced voting takes place according to

the particular provisions of this Act, by voters being

abroad or who shall be recovered in a hospital on polling

day, by residents in homes for the elderly, by members of

the Commission and by residents of the Corradino

Correctional Facility;

"the second voting day" means the Tuesday before

polling day when voting takes place according to the

particular provisions of this Act, by voters who are

assigned as Assistant Electoral Commissioners;

"the third voting day" means the Thursday before

polling day when voting takes place according to the

particular provisions of this Act, by voters recovered in

hospitals;".".

In article 42 of the principal Act immediately after the

words "for the election" there shall be added the words "or

referendum".

Article 46 of the principal Act shall be amended as

(a)

in the first proviso to sub-article (1), immediately

after the words "the Commission shall withdraw it:" there shall

be added the following new proviso

"However the voting documents of the persons

listed in the list of residents of the Corradino Correctional

Facility according to article 77(3)(e) shall be kept by the

Commission and shall be distributed to the voting residents

in the mentioned Facility on the polling day established in

article 77(4)(e)(ii)(cc):";

(b) in sub-paragraph (ii) of the second proviso to sub-

article (1) thereof the words "in the list mentioned in sub-

article (5)" shall be substituted by the words "in the list

mentioned in sub-article (6)";

(c)

immediately after paragraph (e) of sub-article (5)

thereof there shall be added the following new paragraph

"(f) Any voter, who is registered as a voter in

Malta or Gozo, may request the Commission to retrieve

such voting document from either Malta or Gozo, as the

case may be. Such requests shall reach the Electoral

Commission before 6.00 p.m. of the Thursday before

polling day in terms of sub-article (9)."; and

(d) in sub-article (6) thereof the words "as soon as

possible, and in no case later than fifteen days" shall be

substituted by the words "within six days".

Article 49 of the principal Act shall be amended as Amendment of

article 49 of the

principal Act.

(a)

in sub-article (1) thereof the words "which scrutiny

shall be exercised not later than three days before the poll."

shall be substituted by the words "which scrutiny shall be

exercised not later than five days before the first poll."; and

(b)

sub-article (5) thereof shall be amended as follows

(i) from the words "Such list" to the words "to

that political party." shall be substituted by the words

"The list shall be conclusive evidence as to whether a

particular candidate belongs to that political party and such

list shall be delivered to the Commission by the last day of

the day fixed for the receipt of nominations.".

In article 50(1) of the principal Act the words "the day of Amendment of

article 50 of the

voting" shall be substituted by the words "polling day".

principal Act.

In the Maltese version of sub-article (2) of article 51 of the Amendment of

principal Act the words "għandu jiġi mwaħħal fid-daħla" shall be article

principal Act.

substituted by the words "għandu jiġi muri fid-daħla".

In article 55 of the principal Act the words "at any time Amendment of

until the ballot papers for the district he is contesting have started article

principal Act.

to be printed in terms of article 49" shall be substituted by the

words "until fourteen days prior to polling day".

Sub-article (2) of article 56 of the principal Act shall be

renumbered as sub-article (3) and immediately after sub-article (1)

thereof there shall be added the following new sub-article

"(2) The Commission may appoint one official referred

to as "Polling Place Officer" for each polling place containing

more than two polling booths. This officer or officers who will

have the exclusive role of coordinator between the Electoral

Commission and the Chairpersons, nominated in accordance

with article 57(6), to follow instructions of the Commission and

they shall in no way take any decisions regarding any situations

which may arise, which decisions shall remain the exclusive

responsibility of the Electoral Commission.".

In article 57 of the principal Act the words "Every political

party shall, within ten days of publication" shall be substituted by the

words "Every political party shall, within twelve days of publication".

Article 77 of the principal Act shall be amended as

(a)

sub-article (2) thereof shall be substituted by the

following

"(2) A mixed polling place is a polling place

which contains one or more mixed ballot boxes for

different divisions, as the case may be, and where the

voters mentioned in sub-article (4)(a) and (b) shall vote

independently of the division where they may be registered

in the last published Electoral Register by casting their

vote in the mixed ballot box appertaining to the divisions

where they are registered.";

(b) sub-article (3)(a) thereof shall be substituted by the

following

"(a) in a place in Malta for registered voters in

Malta and in a place in Gozo for registered voters in Gozo,

that the Commission shall establish by notice in the

Gazette according to article 45.";

(c)

immediately after the last proviso to sub-article

(3)(d) thereof there shall be added the following new paragraph

"(e) all the voters residing at the Corradino

Correctional Facility shall vote in the place indicated in

this sub-article and it shall be the duty of the person

responsible of the mentioned Facility to submit to the

Commission a list with the name, surname, identity card

number and the date of birth of such voters within three

days of the publication of the Writ for the election, which

list must continue to be updated everyday up to fourteen

days prior to the polling day. Every person residing at the

Corradino Correctional Facility listed in the list shall be

deemed to be a person residing at the same Facility.";

(d) sub-article (4)(a) thereof shall be substituted by the

following

"(a) Notwithstanding any other provision of this

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 in Malta, if he is a registered voter in Malta, and at

the place in Gozo if he is a registered voter in Gozo, as

indicated in sub-article (3)(a), and shall do so on Tuesday

prior to the polling day between 7.00 a.m. and 10.00 p.m.

Provided that the Assistant Commissioners and the

reserves chosen to serve in Malta and Gozo on the day

allocated for the Assistant Commissioners to vote, shall

cast their vote on the first polling day at the place

established in article 77(3)(a) between 7.00 a.m. and 10.00

p.m.";

(e)

immediately after sub-article (4)(e)(ii)(bb) thereof

there shall be added the following new sub-paragraph

"(cc) who are residing

in

the

Corradino

Correctional Facility,"; and

(f)

in the Maltese version of sub-article (6) thereof, the

words "il-ġurnata tal-votazzjoni" shall be substituted by the

words "il-jum tal-votazzjoni".

Sub-article (3) of article 83 of the principal Act shall be Amendment of

article 83 of the

substituted by the following

principal Act.

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

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 effect the right of that

voter, to ignore the medical warning and decide to cast his

vote.".

The third paragraph to sub-article (2) of article 89 of the

principal Act shall be substituted by the following

"The list of such agents shall, at least, seven days prior to

the start of the poll, be sent to the political parties and be

published by the Commission in the Gazette indicating the

name, address and a legally valid identification document

number of each agent and the party nominating him.".

In paragraph (j) of article 112(1) of the principal Act the

words "right to vote," shall be substituted by the words "right to vote;

or" and immediately thereafter there shall be added the following new

paragraph

"(k) without authorisation of the Commission takes any

photographic or video image at a polling place on any polling

day,".

Immediately after article 119 of the principal Act there

shall be added the following new article

120. The Commission may make use of

"Electronic

Equipment.

electronic equipment to count the ballot papers in

accordance with Schedule 13 of this Act.".

PART II

CONSEQUENTIAL AMENDMENTS TO THE LOCAL

COUNCILS ACT

This Part amends the Local Councils Act and shall be read

and construed as one with the Local Councils Act, hereinafter in this

Part referred to as "the principal Act".

In paragraph (h) of article 119(1) of the Third Schedule of

the principal Act the words "for the purpose of the election," shall

be substituted by the words "for the purpose of the election; or" and

immediately thereafter there shall be added the following new

paragraph

"(i) without authorisation of the Commission takes any

photographic or video image at a polling place on any polling

day,".

The Local Councils (Elections) Regulations, 1993 shall be

amended as follows

(a)

regulation 2 thereof shall be amended as follows

(i) in sub-regulation (1) immediately after the

definition "polling booth" there shall be added the

following new definition

"polling day" means the proper day established

for voting in the Notice referred to in regulation 15;

and

(ii) immediately after the definition "polling

place" there shall be added the following new definitions

" "the first voting day" means the Saturday

before polling day when advanced voting takes place

according to the particular provisions of this Act, by

voters being abroad or who shall be recovered in a

hospital on polling day, by residents in homes for the

elderly, by members of the Commission and by

residents of the Corradino Correctional Facility;

"the second voting day" means the Tuesday

before polling day when voting takes place

according to the particular provisions of this Act, by

voters who are assigned as Assistant Electoral

Commissioners;

"the third voting day" means the Thursday before

polling day when voting takes place according to the

particular provisions of this Act, by voters recovered

in hospitals;";

(b) in the Maltese version of regulation 2(2)(a) thereof

the words "l-ġurnata tal-votazzjoni" shall be substituted by the

words "l-jum tal-votazzjoni";

(c)

sub-regulations (2) and (3) of regulation 3 thereof

shall be deleted and regulation 3(1) shall be renumbered as

regulation 3;

(d) in regulation 16 thereof the words "On the following

day of the publication of the Notice," shall be substituted by the

words "Within three days of the publication of the Notice,";

(e)

regulation 17 thereof shall be amended as follows

(i) in sub-regulation (1) thereof the words

"Within fifteen days of the publication of the Notice," shall

be substituted by the words "Within nineteen days of the

publication of the Notice,";

(ii) in the first proviso of sub-regulation (1)

thereof immediately after the words "the Commission shall

withdraw it:" there shall be added the following new

proviso

"However the voting documents of the persons

listed in the list of residents of the Corradino Correctional

Facility according to regulation 48A(3)(d) shall be kept by

the Commission and shall be distributed to the voting

residents in the mentioned Facility on the polling day

established in regulation 48(4)(d)(ii)(cc):";

(iii) in sub-regulation (1)(i) thereof the words

"within five days of the publication of the Notice," shall be

substituted by the words "within three days of the

publication of the Notice,";

(iv) immediately after sub-regulation (4) thereof

there shall be added the following new sub-regulation

"(4A) (a) Any voter who is registered as a

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

publication of the Notice, 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-regulation (6) 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-regulation.

(c) Any voter who is registered as a

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

publication of the Notice, 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-regulation (6) 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-regulation.

(e) The Commission shall keep a

written record of all requests made by virtue of this

sub-regulation 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 Notice and updated every two days thereafter.

(f) Any voter, who is registered as a

voter in Malta or Gozo, may request the

Commission to retrieve such voting document

from either Malta or Gozo, as the case may be.

Such requests shall reach the Commission before

6.00 p.m. of the Thursday before polling day in

terms of sub-regulation (6)."; and

(v) in sub-regulation (5) thereof the words "and

in no case later than three days from the time

established in sub-regulation (1)" shall be substituted by

the words "and in no case later than six days from the

time established in sub-regulation (1)";

(f)

in regulation 18 thereof the words "such person

may not later than 6.00 p.m. of the Wednesday" shall be

substituted by the words "such person may not later than 9.00

p.m. of the Wednesday";

(g)

regulation 20 thereof shall be amended as follows

(i) in sub-regulation (1) thereof the words

"Three days prior to the commencement of voting,"

shall be substituted by the words "Two days prior to the

commencement of voting,";

(ii) in sub-regulation (1A) thereof the words

"which scrutiny shall be exercised not later than three

days before the poll." shall be substituted by the words

"which scrutiny shall be exercised not later than five

days before the first poll."; and

(iii) in sub-regulation (5) thereof from the words

"Such list" to the words "to that political party." shall be

substituted by the words "The list shall be conclusive

evidence as to whether a particular candidate belongs to

that political party and such list shall be delivered to the

Commission by the last day of the day fixed for the receipt

of nominations.";

(h) in regulation 21(1) thereof the words "the day of

voting" shall be substituted by the words "polling day";

(i)

regulation 22 thereof shall be amended as follows

(i) in sub-regulation (2) thereof the words "shall

be posted at the entrance" shall be substituted by the words

"shall be shown at the entrance"; and

(ii) in sub-regulation (5) thereof the words "The

commissioners shall, not later than the day following

the expiration of the time fixed for the receipt of

objections," shall be substituted by the words "The

Commissioners shall, not later than two days following

the expiration of the time fixed for the receipt of

objections,";

(j)

in regulation 25 thereof the words "during the time

prescribed for nomination" shall be substituted by the words "up

to fourteen days prior to polling day";

(k) regulation 26(2) thereof shall be renumbered as sub-

regulation (3) and immediately after sub-regulation (1) there

shall be added the following new sub-regulation

"(2) The Commission may appoint one official

referred to as "Polling Place Officer" for each polling place

containing more than two polling booths. This officer or

officers who will have the exclusive role of coordinator

between the Electoral Commission and the Chairpersons,

nominated in accordance with regulation 27(4), to follow

instructions of the Commission and they shall in no way

take any decisions regarding any situations which may

arise, which decisions shall remain the exclusive

responsibility of the Electoral Commission.";

(l)

regulation 27 thereof shall be amended as follows

(i) in sub-regulation (1) thereof the words

"Every political party shall, within seven days of

publication of the Notice, be entitled to nominate a

number of persons, equal to one and a half times the

number of polling booths" shall be substituted by the

words "Every political party shall, within twelve days of

publication of the Notice, be entitled to nominate a

number of persons, equal to one and one-third the

number of polling booths"; and

(ii) sub-regulation (4) thereof shall be

renumbered as sub-regulation (5) and immediately after

sub-regulation (3) there shall be added the following new

sub-regulation

"(4) The Assistant Commissioner nominated

by the Commission shall act as Chairperson at the

polling booth to which each group of Assistant

Commissioners are assigned and during voting only

the Chairperson shall, when required, communicate

with the voters.";

(m) in regulation 29 thereof the words "The political

parties, not later than two days". shall be substituted by the

words "The political parties, not later than four days";

(n) regulation 32 thereof shall be substituted by the

following

"32. (1) The Commissioners shall not later than

seven days before the start of the voting forward to such

agent a tamper proof identity document bearing the

photograph of the agent franked with the seal of the

Commission and indicating the name, address and a legally

valid identification document number of the agent and by

whom he has been nominated. The identity documents as

issued shall be progressively numbered, shall be of a

different colour so as to easily distinguish election,

transport and party agents and shall be worn in a

conspicuous manner by the agent concerned in the exercise

of his functions.

(2) The Commission shall forward to each

political party 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

whom they have been nominated within two days of the

receipt thereof and the political parties may make

objections thereto within four days thereof.";

(o) in regulation 34(3) the words "and behind a curtain

or other device to enable him to vote in secret," shall be

(p) in regulation 35 thereof the words "Any political

party club within such distance shall be kept closed on

polling day:" shall be substituted by 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

shall be kept closed on polling day:";

(q) regulation 46(6)(c)(iii) thereof shall be substituted

by the following

"(iii) to record the names, the legally valid

identification document numbers and, or, the particulars of

the persons who have not voted;";

(r)

regulation 48A shall be amended as follows

(i) immediately after sub-regulation (3)(a)

thereof there shall be added the following new paragraph

"(aa) at a place in Malta for voters registered in

Malta and at a place in Gozo for voters registered in

Gozo that the Commission establishes in the Gazette

according to regulation 16;";

(ii) immediately after the last proviso to sub-

regulation (3)(c) thereof there shall be added the following

new paragraph

"(d) all the voters residing at the Corradino

Correctional Facility shall vote in the place indicated

in this regulation and it shall be the duty of the

person responsible of the mentioned Facility to

submit to the Commission a list with the name,

surname, identity card number and the date of birth

of such voters within three days of the publication of

the Notice for the election, which list must continue

to be updated everyday up to fourteen days prior to

the polling day. Every person residing at the

Corradino Correctional Facility listed in the list shall

be deemed to be a person residing at the same

Facility.";

(iii) immediately after sub-regulation (4)(d)

thereof there shall be added the following new paragraphs

"(e) Notwithstanding any other provision of

these regulations, 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 in Malta, if

he is a registered voter in Malta, and at the place in

Gozo if he is a registered voter in Gozo, as indicated

in sub-regulation (3)(aa), and shall do so on Tuesday

prior to the polling day between 7.00 a.m. and 10.00

p.m

Provided that the Assistant Commissioners and

the reserves chosen to serve in Malta and in Gozo on

the day allocated for the Assistant Commissioners to

vote, shall cast their vote on the first polling day at

the place established in regulation 48A(3)(aa)

between 7.00 a.m. and 10.00 p.m.

(f)

For all effects and purposes of this

regulation, the persons who shall vote in accordance

with paragraph (e) shall be all those whose name is

published in the list referred to in regulation 29(6),

even if any one of such persons shall have resigned

his appointment after the publication of that list.";

(iv) immediately

after

sub-regulation

(4)(d)(ii)(bb) thereof there shall be added the following

"(cc) who are residing in the Corradino

Correctional Facility,";

(s)

immediately after sub-regulation (6) of regulation

51 thereof there shall be added the following new sub-

regulation

"(7) A medical consultant having in his care any

voter 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 effect the right of that voter, to ignore the medical

warning and decide to cast his vote."; and

(t)

the third paragraph of sub-regulation (2) of

regulation 57 thereof shall be substituted by the following new

paragraph

"The list of such agents shall, at least, seven days

prior to the start of the poll be sent to the political parties and

shall be published by the Commission in the Gazette

indicating the name, address and a legally valid

identification document number of each agent and the party

nominating him.".

Passed by the House of Representatives at Sitting No. 115 of the

22nd May, 2018.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€1.44