ACT No. XI of 2019 AN ACT to amend the General Elections Act, Cap. 354, and consequentially the Local Councils Act, Cap. 363.

I assent.

(L.S.)

GEORGE VELLA

President

5th April, 2019

ACT No. XI of 2019

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

consequentially the Local Councils Act, Cap. 363.

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 Electoral Laws Short title.

(Amendment) Act, 2019.

PART I

AMENDMENTS TO THE GENERAL ELECTIONS ACT

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

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

Elections Act.

this Part referred to as "the principal Act".

Sub-article (1) of article 2 of the principal Act shall be

amended as follows

(a) immediately after the definition "Commission" there

shall be added the following new definition

"Electronic Counting System" means the process,

computer program and/or computer hardware, other

equipment, data and services as may be necessary in order

to

(a) maintain relevant data in relation to the

election being held;

(b) take an image of each ballot paper and

interpret the preferences;

(c) establish a link between each vote stored

electronically and the equivalent ballot papers by

means of a unique identifier;

(d) process the collected data and ballots in

such manner as to calculate the number of votes cast

for each candidate at the election and determine the

final result in terms of this Act; and

(e)

ensure the retention of proper records;";

(b) immediately after the definition "an identification

document" there shall be added the following new definition

" "non-searchable" means not capable of being

searched on the basis of name, surname or Identity Card

number;"; and

(c) immediately after the definition "official mark" there

shall be added the following new definition

'' ''the period of time reserved for viewing" means the

period of time which starts from such time when the

Commission grants access to the party delegates to the

images of each Electronic Ballot together with their

interpretation and to the complete data set containing the

preferences of voters as shown in the Electronic Ballots,

and which expires four hours after the time the

Commission forwards a copy of the Draft Result to party

delegates in terms of regulation 13;''.

Article 26 of the principal Act shall be amended as follows

Amendment of

article 26 of the

principal Act.

(a)

in sub-article (1) thereof immediately after the words

"in terms of article 24 the Commission shall by notice in writing"

there shall be added the words "by means of a registered letter

and, separately and at the same time, an identical letter sent by

ordinary post,";

(b) in the proviso to sub-article (1) thereof the words

"Copies of notices made pursuant to this article shall also be

delivered to the party delegates." shall be substituted by the words

"Copies of notices made pursuant to this article shall also be

delivered to the party delegates:" and immediately thereafter

there shall be added the following new proviso

"Provided further that in the case of the Local

Councils’ Electoral Register and the European Union

Electoral Register, in the event of a person (a) having not

been effectively served with his voting document and not

having collected his voting document pertaining to elections

in the past 12 years; and (b) not having a valid identity card

or residence card; and (c) having totally failed to answer the

aforesaid notices within the aforesaid period, the

Commission shall, on the lapse of the period established in

sub-article (1), proceed to cancel the registration of the voter

or expunge the voter’s name from the Local Councils’

Electoral Register and, or the European Union Electoral

Register but on doing so it shall attempt to serve upon such

person a further notice in writing stating that such

cancellation or expunging have been made and it shall

publish a notice of the said cancellation or expunging in the

Gazette and in at least one local newspaper. The

cancellation or expunging aforesaid shall come into effect

on the lapse of one month from the date when notice of the

same is published in the Gazette.";

(c)

in sub-article (3) thereof the words "further notice

referred to in the proviso" shall be substituted by the words

"further notice referred to in the first proviso" and immediately

after the words "at the address of the voter as shown in the

Electoral Register." there shall be added the words "This sub-

article does not apply in the case of the Local Councils’ Electoral

Register and the European Union Electoral Register."; and

(d) in sub-article (4) thereof immediately after the words

"by means of a letter addressed to him" there shall be added the

words ", which letter shall also advise the person that if he

possesses all the qualifications to be registered as a voter, he

should immediately reapply to be so re-registered,".

Article 33 of the principal Act shall be amended as follows

(a)

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

following

"(1) The Commission shall cause a revised

Electoral Register to be published in a non-searchable

electronic format on its website twice a year, that is to say,

in the month of April and in the month of October. Such

Register shall contain all corrections, additions, transfers

and cancellations as on the thirty-first day of March and the

thirtieth day of September immediately preceding the

publication thereof. The Commission shall publish in the

Gazette a notice that the relevant Register has been

published.";

(b) in sub-article (2) thereof, the following proviso

"Provided that the Electoral Register published in the format that

is divided into as many parts as there are localities shall have an

Annex indicating the registration of voters that have attained the

age of sixteen years but have not attained the age of eighteen

years on the election of 2015 onwards of the Local Councils or

the Administrative Committees." shall be deleted;

(c)

in sub-article (5) thereof immediately after the words

"The Commission shall cause to be published in the Gazette"

there shall be added the words "and in a non-searchable electronic

format on its website";

(d)

sub-article (6) thereof shall be deleted.

Article 45 of the principal Act shall be amended as follows

(a) in paragraph (a) thereof, immediately before the words

"the place where" there shall be added the words "the website and/

or manner in which candidates may submit their nominations

electronically;", the words "shall not be less than three days" shall

be substituted by the words "shall not be less than five days" and

the words "two days from the expiration" shall be substituted by

the words "one day from the expiration"; and

(b) immediately after paragraph (d) thereof there shall be

added the following new paragraph

"(e) whether the Commission has decided to use an

Electronic Counting System

Provided that a published decision to use an

Electronic Counting System shall not operate so as to

prevent the Commission, in its considered opinion, from

rescinding or retracting at any time, its decision to use an

Electronic Counting System to revert to the manual system

as outlined in the Thirteenth Schedule.".

Article 49 of the principal Act shall be amended as follows

Amendment of

article 49 of the

principal Act.

(a)

in sub-article (1) thereof the words "not earlier than

thirteen days but not later than ten days before 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 prescribed under this Act."

shall be substituted by the words "not earlier than twenty-one

days but not later than ten days before the poll, print according to

the Eighth Schedule such number of ballot papers as may be

necessary for the poll in such form and on such material as may

be prescribed under this Act. This does not apply to the printing

on the rear of ballot papers according to Schedule 8A.";

(b) in sub-article (3) thereof the words "nomination paper

and as approved by the Electoral Commissioners." shall be

substituted by the words "nomination paper, and a photograph

taken in black with a white background of each of them and as

approved by the Electoral Commission. The photograph shall be

submitted to the Commission by electronic means by the fifth day

after the established time for objections to a nomination. In the

case where the candidate does not conform himself, the

Commission shall be authorised to use the photograph which the

candidate has on his identity card."; and

(c)

in sub-article (6) thereof the words "immediately after

the name" shall be substituted by the words "immediately

preceding the name".

Article 51 of the principal Act shall be amended as follows

Amendment of

article 51 of the

principal Act.

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

following

"(1) A candidate for election shall be nominated in

writing or by electronic means

(a) where a candidate is nominated in writing,

the nomination paper, which shall be in the form set

out in the Ninth Schedule to this Act, shall be signed

by the candidate himself, (or, in the event of his

absence from these Islands, by a duly appointed

representative), and by, at least, four voters registered

in the electoral division for which the candidate is

nominated. The nomination paper shall be delivered to

one of the Commissioners at the Electoral Office by

the candidate himself or if he is prevented by illness or

absence from these Islands by` his lawful

representative, authorised in writing, within the period

specified in the notice referred to in article 45;

(b) where a candidate is nominated by

electronic means, the nomination form, which shall be

in the form set out in the Ninth Schedule to this Act,

shall be filled in through a website prepared for that

purpose by the Commission which nomination shall be

electronically signed by the candidate. The nomination

will also include an attestation to the nomination by at

least four voters registered in the electoral division for

which the candidate is nominated, which attestation

shall be provided through the said website in the

manner and form established by the Commission. The

nomination is to be submitted within the period

specified in the notice referred to in article 45.";

(b) in sub-article (2) thereof the words "after a nomination

paper" shall be substituted by the words "after a nomination"; and

(c)

in sub-article (3) thereof the words "the nomination

paper does not comply with" shall be substituted by the words

"the nomination does not comply with".

Article 55 of the principal Act shall be renumbered in its

entirety as article 55(1) and immediately thereafter there shall be added

the following new sub-article

"(2) In the case when a candidate dies after the ballot

papers have been printed, the candidacy shall be deemed to

remain valid for all intents and purposes of the law. Provided that

a candidate as referred to in this sub-article may still be declared

to be elected but in such case the Commission shall, as soon as

possible, give notice of an election to fill the said vacancy.".

Immediately after article 55 of the principal Act there shall be

added the following new article 55A

" Threatening

55A. Any person who, having been given access

the secrecy of

to the images of the Electronic Ballots together with

the vote.

their interpretation and/or the data set containing the

preferences of voters as shown in the Electronic

Ballots, uses the said data for any purpose other than

that provided in regulation 14(1) of the Thirteenth-A

Schedule or otherwise retains or fails to remove the

said data following the conclusion of the verification

process shall be guilty of the offence of threatening the

secrecy of the vote.".

In article 99 of the principal Act, the words "to the ballot Amendment of

paper account." shall be substituted by the words "to the ballot paper article

principal Act.

account:" and immediately thereafter there shall be added the

following new proviso

"Provided that where the Commission decides to use

an Electronic Counting System the ballot box shall be opened and

the ballot papers shall be placed faced downwards on the

counting table. When all the ballot papers found in a ballot box

have been placed faced downwards on the counting table, the

supervisor shall place the ballot papers together in one parcel

faced downwards and in a separate tray for each ballot box with

the polling booth number and, where applicable, the division. The

supervisor shall immediately place the tray on a rack in a place

clearly visible to the counting agents. This process shall be

repeated until all ballot boxes have been opened. The counting

and tallying of the ballot papers shall be done in accordance to the

rules stated in Thirteenth-A Schedule.".

In sub-article (4) of article 105 of the principal Act, Amendment of

immediately after the words "contained in the Thirteenth Schedule" article

the principal

there shall be added the words "or, when an Electronic Counting Act.

System is being used, Thirteenth-A Schedule".

Article 107 of the principal Act shall be amended as follows

Amendment of

article 107 of

the principal

(a) in sub-article (1) thereof, immediately after the words

Act.

"as follows:" there shall be added the words "Where an Electronic

Counting System is used

All ballot papers contained in each ballot box sorted in

unique identifier order in all other cases:"; and

(b) in sub-article (3) thereof, the words "the transfer of

each surplus." shall be substituted by the words "the transfer of

each surplus:" and immediately thereafter there shall be added the

following new proviso

"Provided that where the Commission decides to use

an Electronic Counting System, the Commission shall

preserve all data introduced to or used by the Electronic

Counting System including but not limited to data processed

or produced by the Electronic Counting System for all

intermediate steps prior to the final results. The data is to be

preserved in digital format on suitable media and in at least

two separate copies identical to the original, as decided by

the Commission, for the long term storage of the same data

which media shall be kept in separate sealed packets and in

separate locations established by the Commission. The said

copies shall be preserved until the publication of the result of

the next following election and shall be erased thereafter.".

The Eighth Schedule to the principal Act shall be substituted

by the following

"EIGHTH SCHEDULE

(Article 49)

".

Immediately after the Eighth Schedule to the principal Act Addition of a

new Schedule to

there shall be added the following new Schedule

the principal

Act.

"SCHEDULE 8A

(Article 49)

Rear of Ballot Paper

".

Immediately after the Thirteenth Schedule of the principal Addition of a

new Schedule to

Act there shall be added the following new Schedule

the principal

Act.

"SCHEDULE THIRTEENTH-A

The General Elections

(Electronic Counting and Sorting) Regulations, 2019

PART I

Preliminary

1. These regulations may be cited as The

Citation.

General Elections (Electronic Counting and Sorting)

Regulations, 2019.

2. In these regulations unless the context

otherwise requires the expressions used will be given

the same interpretation as those used in the Thirteenth

Schedule, furthermore

"Electronic Ballot" means the electronic

representation of a physical ballot paper in a machine-

readable format obtained from the programmatic

interpretation of the preferences indicated on the

ballot paper together with a unique identifier matching

the Electronic Ballot to the ballot paper and such other

data the Electoral Commission may deem fit to store;

"Non-transferable Ballot" means an Electronic

Ballot on which no second or subsequent preference is

recorded for a continuing candidate

Provided that an Electronic Ballot shall be

deemed valid but has become a Non-transferable

Electronic Ballot whenever

(a) the names of two or more candidates,

(whether continuing or not) are marked with the

same number, and are next in order of preference;

or

(b) the name of the candidate next in

order of preference (whether continuing or not) is

marked

(i) by a number not following

consecutively after some other number on

the ballot paper; or

(ii) by two or more numbers; or

(c) for any other reason it cannot be

determined with certainty for which of the

continuing candidates the next available

preference of the voter is recorded;

"Unique identifier" means a sequence of

numbers used to identify each particular ballot paper

and consisting of

District number – 2 digits

Ballot box number – 4 digits

Ballot paper number – 4 digits.

3. Save as otherwise provided by these

regulations when sorting and counting votes the

Electronic Counting System is to respect and

incorporate, mutatis mutandis, the regulations,

requirements and the "Example Of The Method Of

Counting The Ballot Papers At An Election

Conducted On The Proportional Representation

System Of The Single Transferable Vote" stated in the

Thirteenth Schedule, to the exclusion of regulations 4,

5, 6, 7(2), 7(3),11(2) and 14.

PART II

Sorting of Ballot Papers

4. The Commission shall ensure that all the staff

that it may appoint to assist, supervise and operate the

Electronic Counting System and all other necessary

electronic equipment for the process shall be

technically trained to efficiently carry out their

assigned functions.

5. Upon receipt of the ballot boxes by the

Commission the declared number of votes cast as

stated on the Ballot Paper Account shall be registered

on the Electronic Counting System. The number of

ballot papers in each box according to the Ballot Paper

Account shall be displayed on a monitor for the

information of the candidates and their agents.

6. Once the ballot boxes are opened each ballot

paper shall be taken out and first placed faced

downwards to ascertain that each ballot paper contains

the official stamp of the Commission, and that there are

no other marks on the reverse side except the official

stamp of the Commission and of the political parties

that opt to put the official mark and then it shall be

turned, shown and placed with its face upwards to

ascertain that there are no other marks on the front of it

except the numbers indicating the preferences of the

voter. After the completion of the said process, the

ballot papers shall then be placed with their face

upwards in an appropriate tray marked with the polling

booth number and, where applicable, the division or

table number and locality name. A copy of the Ballot

Paper Account together with the ballot papers and their

trays shall be stored in such area that shall at all times

be visible to candidates and their agents

Provided that if a counter decides that there is a

possibility that, for any reason according to the

General Elections Act, a ballot paper may be invalid

or if any candidate or agent for the same reason so

claims, the counter shall inform the supervisor of such

ballot paper and the supervisor shall stamp such ballot

paper as ''Dubious'' on the top part of the front of the

ballot paper and place such ballot papers on the top of

the parcel

Provided that no reconciliation of the ballots

in each tray and those stated in the ballot paper

Account shall be done at this stage but shall be done

following the scanning phase according to regulation

8(2).

7. (1) The ballot papers are to be processed, in

an orderly manner, through the Electronic Counting

System which shall create and store a digital image of

each ballot paper and shall proceed to convert the

ballot paper into an Electronic Ballot. As part of this

process the ballot paper shall be marked with a unique

identifier matching that given to the Electronic Ballot

in order to allow the Commission, should the need

arise, to identify and match the processed ballots with

the ballot papers and in order to ascertain that a ballot

paper is only processed and counted once.

(2) Persons supervising this process shall confirm

that the number of ballots found in each box reconciles

with that stated in the Ballot Paper Account as

indicated by the Assistant Electoral Commissioners.

When the number of votes found does not tally the

Commission must be notified immediately in order to

carry out the necessary investigation and give all

necessary instructions.

(3) When converting the ballot papers into a

machine readable format the Electronic Counting

System is to identify and bring to the notice of the

Commission all dubious ballot papers, that is all such

ballot papers which give rise to any difficulty in

interpreting the preferences or which may, for any

reason according to the Act, be found to be invalid or

non-transferable.

8. (1) The Commission shall investigate all the

dubious Electronic Ballots. In doing so the

Commission may consult the ballot paper marked with

the matching unique identifier as the Electronic Ballot

Provided that ballot papers shall only be

temporarily removed from the original tray on the order

of and by an Electoral Commissioner or other persons

specifically delegated by the Commission.

(2) The Electronic Counting System will bring the

dubious ballots to the notice of the Commission once

all the ballot papers in a particular tray are scanned and

verified.

(3) Upon investigation, a dubious ballot may be

determined to be

(i) invalid

and

consequently

the

Electronic Ballot shall be put aside and ignored in

all counts;

(ii) non-transferable and consequently the

non-transferable portion of the Electronic Ballot

shall be set aside and ignored, whilst the valid

preferences shall be recorded and included in the

first and subsequent counts as the case may be; or

(iii) valid and consequently the numerical

sequence on the Electronic Ballot shall be set to

correctly and faithfully reflect the valid ballot

paper

Provided that in all such cases any

amendment or manual operation that may have

been performed on an Electronic Ballot shall be

logged in the Electronic Counting System, as

well as the reason where a vote is found to be

invalid

Provided further that nothing in these

regulations shall prevent the Commission from

examining all other Electronic Ballots.

(4) The Commission may appoint such persons as

Process – first tier.

it deems fit to review and examine dubious ballots and

to perform the relevant action required in terms of the

preceding sub-regulation. A party delegate from each

Party or a substitute, shall be entitled to make

observations and may raise objections, in which case

the dubious ballot shall be referred to the Commission

for its final decision in terms of the following sub-

regulations.

(5) The Commission, or any number of members

thereof not being less than two, shall investigate any

Electronic Ballot to determine whether it is valid,

transferable or non-transferable or invalid and shall,

after hearing the representations of the party delegates,

or their substitutes, decide in respect of each Electronic

Ballot, whether it is valid, transferable or non-

transferable or invalid, or shall make any amendment

to the interpretation of the vote to correctly reflect the

preferences stated in the ballot paper.

(6) The decision of the Commission, or any

number of members thereof not being less than two, in

this regard shall be final and not subject to appeal.

(7) Once all the dubious Electronic Ballots in a

tray have been investigated and declared valid,

transferable or non-transferable or invalid, the number

of valid and invalid Electronic Ballots in that box is to

be displayed on a monitor or such other method for the

information of the candidates and their agents. Any

ballot papers that may have been removed as directed

by a Commissioner for further investigation shall be

returned to its correct sequence in the ballot tray.

(8) Once all the boxes of an electoral division

have been processed the total number of valid and

invalid votes for that division is to be displayed on a

monitor or announced in such other method as the

Commission may deem fit.

9. (1) Prior to initiating the electronic

counting, the Commission may carry out such audit,

verifications or other tests it may deem fit in order to

ensure the correctness and completeness of the

Electronic Counting System. The Commission shall

produce reports showing the number of valid votes in

respect of each box together with a separate report

indicating that all candidates are starting with nought

(0) votes.

(2) For the purposes of enabling the counting to

be conducted using the Electronic Counting System the

Commission may carry out any functions or perform

any procedures to be undertaken in connection with the

counting by electronic means as is deemed necessary or

consequential to the same.

(3) The Commission shall issue an order to

commence the counting of votes only after it is

satisfied that all procedures and requisites established

by the Law and the Commission have been satisfied.

PART III

Counting

10. Once the input data is verified the Electronic

Counting System shall determine the quota a s

established in regulation 8 of the Thirteenth Schedule.

11. (1) The Electronic Counting System shall

commence the first count with a set of Electronic

Ballots ordered in ascending order by ballot paper

number and ballot box number in a division by

assigning all valid Electronic Ballots to parcels

according to the preferred candidate indicated in each

electronic ballot and each candidate shall be credited

with a number of votes equal to the number of

Electronic Ballots recording a first preference for such

candidate.

(2) In subsequent counts, the transferable

Electronic Ballots shall be transferred and assigned to

the parcel of that candidate in accordance with the

same rules of the Thirteenth Schedule.

(3) The System will proceed to calculate the first

count and all subsequent counts without pause, save

where instructions are required from the Commission

in terms of these regulations, including where a

candidate has to be selected for exclusion by lot in

terms of sub-regulation 11(3) of the Thirteenth

Schedule.

12. The Electronic Counting System will produce

a draft report showing the number of votes obtained by

each candidate at each count. The draft report, will not,

at this stage be considered an official result.

13. The Commission shall forward a copy of the

draft result to party delegates in order for them to view

the result in terms of regulation 12

Provided that the Commission shall accord the

party delegates or their substitutes, in writing, an

adequate, equal and reasonable period of time from the

production of the draft result to view the result, which

period of time may be extended by the Commission on

receiving a request by a party delegate stating the

reasons to justify the request. The decision of the

Commission shall be final.

14. (1) During the period of time reserved

for viewing, the Party Delegates shall have the right to

access the images of each Electronic Ballot together

with its interpretation, and to access a complete data

set containing the preferences of voters as shown in the

Electronic Ballots and this solely and exclusively for

the purposes of verifying that the ballot papers were

correctly interpreted by the System and that the

preferences stated in the ballots were correctly

allocated to candidates

Provided that the party delegates shall not

retain the said information and shall ensure the complete

deletion and destruction of the information received and

any copies that may have been made following the

verification of the ballot papers and their allocation, and

this immediately upon the expiry of the period of time

reserved for viewing

Provided further that any person who having

been granted access to the image of each Electronic

Ballot together with its interpretation, and/or the

complete or partial data set containing the preferences of

voters as shown in the Electronic Ballots uses the data

for purposes other than those allowed in terms of this

sub-regulation or retains the said information beyond the

period of time required to conduct these purposes or fails

to delete or destroy the information following the

conclusion of the verification shall be guilty of an

offence, and shall, on conviction, be liable to a fine

(multa) not exceeding ten thousand euro (€10,000) or to

imprisonment for a term not exceeding twelve months or

to both such fine and imprisonment.

(2) When providing the parties and party delegates

with the information specified in the preceding sub-

regulation, the Commission shall ensure that the

recipients are aware of their obligations in terms of these

regulations and shall be empowered to impose such non-

disclosure and other obligations, including penalty

clauses by which the Parties, party delegates and their

substitutes shall confirm and bind themselves not to

copy, retain, publish or otherwise use the data set other

than for verification purposes within the time-frame

allocated to them and to ensure that upon the expiry of

the said time-frame they shall delete and/or return the

data to the Commission.

(3) The Commission shall investigate as it deems fit

any reasoned objection or complaint that a party

delegate, or a contesting Party may bring forward with

regards to the correctness of the result.

(4) Following the publication of the result, the

Commission shall not provide access to the images of

each Electronic Ballot or to their interpretation or to the

complete data set containing the preferences of voters as

shown in the Electronic Ballots and shall ensure that it

does not provide any information that may remove the

secrecy of the vote.

15. (1) Following the declaration by the parties

that they are satisfied with the result or the expiry of

the time allowed for verification as indicated in

regulation 13 of this Schedule, the Commission shall

declare and publish the final and definite results of the

first count.

(2) The Commission shall display on one or more

monitors for the information of the candidates and their

agents the results for the first count, the Commission

shall allow a short period of time and then publish the

final and definite result of the second and subsequent

counts. The length of period of time between each

count shall be determined by the Commission at its

sole discretion.

(3) Any candidate or agent may, before the next

count is shown, request the Commission to re-examine

all or any of the Papers dealt with during that count, in

which case the Commission shall suspend the display

of the individual counts and instead shall display on a

monitor or monitors all the Electronic Ballots that were

processed in that count sequentially.

(4) When examining the votes in this manner any

suspected error is to be brought immediately to the

attention of the Commission which shall investigate the

matter and decide on how to proceed. The decision of

the Commission is final and not subject to appeal.

(5) Following the display of all the counts on the

monitor the result will be final and definite

Provided that all Parties shall have the same

rights at law to contest the result as emanating from the

Law and from the General Elections Act and its

Schedules.

16. (1) The Electronic Counting System and all

devices or software intended to work together with the

System shall be tested adequately before being

approved by the Electoral Commission to carry out the

process of Electronic Counting and Sorting. The

Commission shall ensure that the Counting Engine and

any subsequent revision shall be accredited and

confirmed to operate in a correct manner in conformity

with the Thirteenth Schedule and this Schedule by an

accreditation authority as may be deemed appropriate

by the Commission.

(2) At least three (3) identical sets of the final and

approved version of the software for the Counting

Engine and the Interpretation and Transcription into

machine readable language for voting preferences shall

be stored in digital format on a suitable medium for the

long term storage of the same data in packets; which

packets shall be sealed by the Commission and the

party delegates and stored by the Commission in a

secure location. Party delegates shall have the right to a

set of the software installed on a secure server provided

by the Commission at the Counting Complex, on

polling day, and prior to the commencement of the

electronic sorting and counting or at any other time as

may be decided by the Commission.

(3) The Commission shall verify and ensure in the

presence of the party delegates that the software made

available to the party delegates as provided in sub-

regulation (2) above is identical to the software that

will be used in the Electronic Counting System.

The Commission is to ensure that the

Electronic Counting System is operated independently

from other systems and free from any form of

electronic interference.

The Commission may define and establish

Further procedures

such further procedures that may be required to better

operate the System.

The Commission may, should it deem it so

necessary in the circumstances, order the suspension of

the use of the Electronic Counting System for counting

and sorting votes and instead revert to the rules of the

Thirteenth Schedule or such other regulations issued

under article 105 as may be in force from time to time

Provided that in such circumstances the

Commission shall, for all intents and purposes of law,

be deemed to have decided to not use an Electronic

Counting System for the counting and sorting of votes.

In the event of a seat becoming vacant

regulations 18 to 22 of the Thirteenth Schedule shall

be applied so however that the examination of the

ballot papers shall be done by the Electronic Counting

System using the final resulting parcel of the

Candidate as produced by the System.

For the purpose of electing the additional

members, if any, required in terms of sub-paragraphs

(i) and (ii) of the first proviso to sub-article (1) of

article 52 of the Constitution and of sub-paragraphs (i)

and (ii) of the second proviso to the same sub-article,

the rules and regulations found in Part IV to the

Thirteenth Schedule shall be applied.

EXAMPLE OF THE METHOD OF COUNTING

REPRESENTATION SYSTEM OF THE SINGLE

TRANSFERABLE VOTE USING AN ELECTRONIC

VOTE COUNTING SOLUTION

Let it be assumed that there are six members to be

elected and that there are eleven candidates A, B, C, D,

E, F, G, H, I, K, L.

THE QUOTA

Once all ballot papers are scanned, verified and

adjudicated, an ordered (by vote number, ballot box

number) set of valid Electronic Ballots is formed. The

total number of valid Electronic Ballots submitted to

the count engine is 348. This total is divided by seven

(i.e. the number which exceeds by one the number of

vacancies to be filled), and 50 (i.e. the quotient 49

increased by 1, neglecting the fraction) is the "quota",

or the number of votes sufficient to elect a member.

FIRST COUNT

The ordered set of Electronic Ballots is treated as the

initial parcel within the count engine. This initial parcel

is analysed, and all Electronic Ballots are assigned into

separate sub-parcels under the name of the candidate

for which a first preference has been recorded.

The results of the count may be supposed to be as

follows

Candidate

Votes

A

B

C

D

E

F

G

H

I

K

L

Non-Transferable

Total

The votes obtained by B, F and H exceed or equal the

quota, and they are thereupon elected.

SECOND COUNT

B has 90 surplus votes (i.e. B’s total 140, less the quota

50), and it is necessary to transfer this surplus first as

being the largest.

All B’s 140 Electronic Ballots are analysed and

assigned into separate sub-parcels according to the next

available preferences indicated therein.

In general, the next available preference will be the

second preference. But any Electronic Ballot on which

the second preference is given to either F or H, both

already elected, passes to the next available preference

after such candidates. An Electronic Ballot marked

with 1 for B, 2 for H, 3 for F, 4 for I, is placed in the

sub-parcel for I.

A s e p a r a t e s u b - p a r c e l i s a l s o fo r m e d o f t h o s e

Electronic Ballots on which no further available

preference, i.e. no further preference for any continuing

candidate is shown, and which are therefore not

transferable.

The result is found to be as follows

A next available preference is shown for D on ............. 80 ballots

A next available preference is shown for E on …........

2 ballots

A next available preference is shown for I on .............. 25 ballots

A next available preference is shown for K on ............. 29 ballots

Total of transferable ballots …………… 136 ballots

Total of non-transferable ballots ………

4 ballots

Total of B’s ballots …………………….. 140 ballots

Since the total number of transferable ballots (136)

exceeds the surplus (90), only a portion of each sub-

parcel can be transferred, and the number of ballots to

be transferred from each sub-parcel must bear the same

proportion to the total number of ballots in the sub-

parcels as that which the surplus bears to the total

number of transferable ballots.

In other words, the number of Electronic Ballots to be

transferred from each sub-parcel is ascertained by

multiplying the number of ballots in the sub-parcel by

90 (the surplus) and dividing the result by 136 (the total

number of transferable ballots) giving 0.6617647.

The calculation is as follows

Sub-

Actually

Candidate

Whole

Fraction

Parcel

Transferred

D

x 0.6617647

.9412

+1

E

x 0.6617647

.3235

I

x 0.6617647

.5441

+1

K

x 0.6617647

.1912

Total

The numbers of Electronic Ballots to be transferred as

determined by the preceding process contain decimal

parts, and since only whole ballots can be transferred,

so many of the largest of these decimal parts, taken in

order of their magnitude as will make the total number

of Electronic Ballots to be transferred equal to the

surplus, are reckoned as of the value of unity.

Thus as the whole numbers determined above amount

to only 88 viz. (52+1+16+19), or two short of the

surplus, 90, the two largest decimal parts .9412 and

.5441 are reckoned as unity, and the number of

Electronic Ballots actually transferred are as follows

To D ......................................................................

53 ballots

To E ……………………………………………...

1 ballot

To I ……………………………………………….

17 ballots

To K ……………………………………...............

19 ballots

Total, being B’s surplus ……….............................

90 ballots

The particular Electronic Ballots to be transferred to D,

E, I and K are those last filed in their respective sub-

parcels, and, therefore at the bottom of the sub-parcels.

These Electronic Ballots are added in separate sub-

parcels to the parcels of D, E, I and K. (Note: K had no

parcel of original ballots).

The totals of the votes credited to these candidates then

become

To D.................................................... 10 + 53 = 63

2 parcels

To E ………….………..........……… 4 + 1 = 5

2 parcels

To I ……………….………………... 12 + 17 = 29

2 parcels

To K …………..……………..…...... 0 + 19 = 19

1 parcel

The remainder of the Electronic Ballots in the sub-

parcel of the elected candidate B, i.e. those ballots not

transferred together with the ballots on which no

further available preferences were marked, now form

the parcel, representing B’s quota of votes (50). This

parcel retains the order of B’s original parcel.

The parcel is made up as follows

The remainder of D’s sub-parcel ............................... 80 – 53 = 27

The remainder of E’s sub-parcel ……………............ 2 – 1 = 1

The remainder of I’s sub-parcel ………………….... 25 – 17 = 8

The remainder of K’s sub-parcel …………………… 29 – 19 = 10

Total of non-transferable ballots ………..... 4

Total, being B’s quota ……………...…....... 50

The state of the poll on the conclusion of the second

count is as follows

Candidate

Votes

A

B

50 (elected)

C

D

63 (elected)

E

F

62 (elected)

G

H

50 (elected)

I

K

L

Non-Transferable

Total

D now has 63 votes, a number which is more than the

quota. He is accordingly elected.

THIRD COUNT

There are now two surpluses, that of F (12) and that of

D (13). F’s surplus, though the smaller, is first dealt

with as it arose on a prior count. F’s surplus is

distributed proportionately among the next available

preferences on F’s original 62 ballots in exactly the

same manner as in the case of B, with the result that 9

ballots are transferred to L, 2 to C and 1 to A.

The totals of the votes credited to these candidates then

become

To L ............................................ 24 + 9 = 33

2 parcels

To C ……………………............ 25 + 2 = 27

2 parcels

To A …………………………... 7 + 1 = 8

2 parcels

The remainder of the Electronic Ballots in the sub-

parcel of the elected candidate F, i.e. those ballots not

transferred together with the ballots on which no

further available preferences were marked, now form

the parcel representing F’s quota of votes (50). This

parcel retains the order of F’s original parcel.

The Electronic Ballots in the sub-parcel of the elected

candidate H (who obtained an exact quota at the first

count) retain the order of the original parcel and form

the parcel representing H’s quota of votes (50).

FOURTH COUNT

D’s surplus (13) must now be distributed. For this

purpose only the sub-parcel last transferred, containing

53 ballots, is considered. These are analysed and

assigned into sub-parcels, according to the next

available preferences, with the following result

A next available preference is shown for I on ................ 42 ballots

A next available preference is shown for K on …........... 10 ballots

Total of transferable ballots ……………........ 52 ballots

Total of non-transferable ballots ……….........

1 ballot

Total

53 ballots

The number of ballots to be transferred from each sub-

parcel is ascertained by multiplying the number of

ballots in the sub-parcel by 13 (the surplus) and

dividing the result by 52 ( the total number o f

transferable ballots); therefore

I’s share of the surplus ………………….. 42 x 0.25 = 10.5

K’s share of the surplus ………………… 10 x 0.25 = 2.5

As the decimal parts above are equal, that which arises

from the larger sub-parcel is deemed to be the larger.

I’s share of D’s surplus is, accordingly, 11 votes, and

K’s share is 2 votes.

The totals of the votes credited to these candidates then

become

To I.................................................... 12 + 17 + 11 = 40 3 parcels

To K ………………………………

19 + 2 = 21

2 parcels

The remainder of the Electronic Ballots in the sub-

parcel of the elected candidate D, i.e. those ballots not

transferred (39) together with the ballots on which no

further available preferences were marked (1) and the

10 ballots received on the first count, making 50 ballots

altogether, now form the parcel representing D’s quota

of votes.

The state of the poll on the conclusion of the fourth

count is as follows

Candidate

Votes

A

B

50 (elected)

C

D

50 (elected)

E

F

50 (elected)

G

H

50 (elected)

I

K

L

Non-Transferable

Total

FIFTH COUNT

There being now no surplus required to be dealt with,

the Electoral Commissioner proceeds to transfer the

votes of the candidate with the smallest total of votes.

The candidate lowest on the poll is E, with 5 votes. The

ballots in the sub-parcel of candidate E are analysed

and assigned into sub-parcels, according to the next

available preferences, with the result that 4 ballots are

transferred to I, and 1 non-transferable ballot is set

aside as a separate parcel, whilst respecting the original

order of ballots for candidate E.

The totals of the votes credited to these candidates then

become

To I .......................................... 12 + 17 + 11 + 4 = 44 4 parcels

Non-Transferable

1 parcel

The state of the poll on the conclusion of the fifth count

is as follows

Candidate

Votes

A

B

50 (elected)

C

D

50 (elected)

E

0 (eliminated)

F

50 (elected)

G

H

50 (elected)

I

K

L

Non-Transferable

Total

SIXTH COUNT

The Electoral Commissioner proceeds to transfer the

votes of candidate A, who is the candidate with the

smallest total of votes on the poll with 8. The ballots in

the sub-parcel of candidate A are analysed and

assigned into sub-parcels, according to the next

available preferences, with the result that 1 ballot is

transferred to C and 7 ballots are transferred to G.

The totals of the votes credited to these candidates then

become

To C.................................................

25 + 2 + 1 = 28

3 parcels

To G …………………………….....

14 + 7 = 21

2 parcels

The state of the poll on the conclusion of the sixth

count is as follows

Candidate

Votes

A

0 (eliminated)

B

50 (elected)

C

D

50 (elected)

E

0 (eliminated)

F

50 (elected)

G

H

50 (elected)

I

K

L

Non-Transferable

Total

SEVENTH COUNT

No candidate is elected as the result of the sixth count

and the next operation has to be determined upon.

Candidates G and K have each the same number of

votes (21) and are lowest on the poll. K’s ballots are

analysed and assigned, as he obtained fewer votes than

G in the first count. From the distribution of K’s ballots

(21), 3 ballots are transferred to C, 15 to I, 1 to L, and 2

are non-transferable. I thereby reaches a total of 59

votes and is elected.

The totals of the votes credited to these candidates then

become

To C...................................... 25 + 2 + 1 + 3 = 31

4 parcels

To I ……………………….. 12 + 17 + 11 + 4 + 15 = 59 5 parcels

To L ………………………. 24 + 9 + 1 = 34

3 parcels

Non-Transferable

2 parcels

The final state of the poll on the conclusion of the

seventh count is as follows

Candidate

Votes

A

0 (eliminated)

B

50 (elected)

C

D

50 (elected)

E

0 (eliminated)

F

50 (elected)

G

H

50 (elected)

I

59 (elected)

K

0 (eliminated)

L

Non-Transferable

Total

EIGHTH COUNT

I’s surplus (9) must now be distributed. For this

purpose only the sub-parcel of ballots last transferred

to I (15 ballots) is taken into account. These are

analysed and assigned into sub-parcels for the

continuing candidates, with the following result

A next available preference is shown for C on ............ 4 ballots

A next available preference is shown for L on …......... 3 ballots

Total of transferable ballots …………… 7 ballots

Total of non-transferable ballots ………. 8 ballots

Total

15 ballots

In this case the total number of transferable ballots (7)

is less than the surplus (9), therefore the Electoral

Commissioner transfers the whole sub-parcels of

transferable ballots to the continuing candidates

indicated thereon as next available preference. This

accounts for 7 votes out of the surplus 9. There is a

difference of 2 ballots. The sub-parcel of non-

transferable ballots is therefore divided into two

portions, one containing 2 ballots (which form part of

the surplus) the other containing 6 ballots (which are

required for I’s quota). The portion of 2 ballots is set

aside as a separate parcel with the other parcels of

non-transferable ballots, and the portion of 6 ballots is

retained to make up I’s quota (6+44=50).

The totals of the votes credited to these candidates then

become

To C......................................... 25 + 2 + 1 + 3 + 4 = 35 5 parcels

To L ……………………….... 24 + 9 + 1 + 3 = 37

4 parcels

Non-Transferable

3 parcels

The state of the poll on the conclusion of the eighth

count is as follows

Candidate

Votes

A

0 (eliminated)

B

50 (elected)

C

D

50 (elected)

E

0 (eliminated)

F

50 (elected)

G

H

50 (elected)

I

50 (elected)

K

0 (eliminated)

L

Non-Transferable

Total

NINTH COUNT

There being now no surplus, the votes of G, the

candidate lowest on the poll, are analysed and

assigned. G’s parcel of 21 ballots is found to contain 7

ballots on which C is the next preference, and 12 on

which L is the next preference, and 2 ballots which are

non-transferable. Therefore 7 ballots are transferred to

C, and 12 to L, and 2 are filed as a separate parcel with

the other parcels of non-transferable ballots.

The totals of the votes credited to these candidates then

become

To C ................................... 25 + 2 + 1 + 3 + 4 + 7 = 42 6 parcels

To L ……………………

24 + 9 + 1 + 3 +12 = 49

5 parcels

Non-Transferable

4 parcels

The state of the poll on the conclusion of the ninth

count is as follows

Candidate

Votes

A

0 (eliminated)

B

50 (elected)

C

D

50 (elected)

E

0 (eliminated)

F

50 (elected)

G

0 (eliminated)

H

50 (elected)

I

50 (elected)

K

0 (eliminated)

L

Non-Transferable

Total

There being now no surplus, C, the candidate lowest on

the poll, is excluded from the poll. But, as there

remains only one vacancy to be filled, and only one

continuing candidate, namely L, L is elected without

any further transfer of votes.

The final result is that B, F, H, D, I and L are elected.".

PART II

AMENDMENTS TO THE LOCAL COUNCILS ACT

17. This Part amends the Local Councils Act and it shall be read

and construed as one with the same Act, hereinafter in this Part referred

to as "the principal Act".

18. Article 2 of the principal Act shall be amended as follows

(a)

immediately after the definition "Electoral

Commission" there shall be added the following new definition

" "Electronic Counting System" means the

process, computer program and/or computer hardware,

other equipment, data and services as may be necessary in

order to

(a)

maintain relevant data in relation to the

election being held;

(b)

take an image of each ballot paper and

interpret the preferences;

(c)

establish a link between each vote stored

electronically and the equivalent ballot papers by

means of a unique identifier;

(d)

process the collected data and ballots in

such manner as to calculate the number of votes cast

for each candidate at the election and determine the

final result in terms of this Act and Local Councils

(Elections) Regulations, 1993; and

(e)

ensure the retention of proper records.";

and

(b) immediately after the definition "motion" there shall

be added the following new definition

'' ''the period of time reserved for viewing" means

the period of time which starts from such time when the

Commission grants access to the party delegates to the

images of each Electronic Ballot together with their

interpretation and to the complete data set containing the

preferences of voters as shown in the Electronic Ballots,

and which expires four hours after the time the

Commission forwards a copy of the Draft Result to party

delegates in terms of regulation 13;''.

19. The Local Councils (Elections) Regulations, 1993 shall be Amendment of

the Third

amended as follows

Schedule to the

principal Act.

(a)

regulation 16 shall be amended as follows

(i) in paragraph (a) immediately before the words

"the place where" there shall be added the words "the

website and/or manner in which candidates may submit their

nominations electronically;", the words "shall be three days"

shall be substituted by the words "shall be five days" and the

words "shall be two days from the expiration" shall be

substituted by the words "shall be one day from the

expiration"; and

(ii) and immediately after paragraph (d) there shall

be added the following new paragraph

"(e) whether the Commission has decided to

use an Electronic Counting System

Provided that a published decision to use

an Electronic Counting System shall not operate so as

to prevent the Commission, in its considered opinion,

from rescinding or retracting at any time, its decision

to use an Electronic Counting System to revert to the

manual system as outlined in Schedule Three.";

(b)

regulation 20 shall be amended as follows

(i) in sub-regulation (1A), the words "shall not

earlier than thirteen days but not later than ten days before

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." shall be substituted by the

words "shall not earlier than twenty-one days but not later

than ten days before the poll print according to the Eighth

Schedule 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. This does not apply to the printing

on the rear of ballot papers according to Schedule 8A.";

(ii) in sub-regulation (3), the words "in their

respective nomination paper and as approved by the

electoral commissioners." shall be substituted by the words

"in their respective nomination paper and with the facial

image of each candidate taken in black on a white

background and as approved by the Electoral Commission.

The photograph shall be submitted to the Commission by

electronic means by the fifth day after the established time

for objections to a nomination. In the case where the

candidate does not conform himself, the Commission shall

be authorised to use the photograph which the candidate has

on his identity card.";

(iii) in sub-regulation (6), the words "opposite the

name of" shall be substituted by the words "immediately

preceding the name of";

(c)

regulation 22 shall be amended as follows

(i)

sub-regulation (1) shall be substituted by the

following

"(1)

A

candidate

for

election

shall

be

nominated in writing or by electronic means

(a) where a candidate is nominated in

writing, the nomination paper, which shall be in

the form set out in the Ninth Schedule, shall be

signed by the candidate himself, (or, in the event

of his absence from Malta, by a duly appointed

representative), and by, at least, four voters

registered in the locality for which the candidate

is nominated. The nomination paper shall be

delivered to one of the Commissioners at the

Electoral Office by the candidate himself or if he

is prevented by illness or absence from Malta by

his lawful representative within the period

specified in the notice referred to in regulation

16;

(b) where a candidate is nominated by

electronic means, the nomination form, which

shall be in the form set out in the Ninth Schedule

to this Act, shall be filled in through a website

prepared for that purpose by the Commission

which nomination shall be electronically signed

by the candidate. The nomination will also

include an attestation to the nomination by at

least four voters registered in the electoral

division for which the candidate is nominated,

which attestation shall be provided through the

said website in the manner and form established

by the Commission. The nomination is to be

submitted within the period specified in the

notice referred to in regulation 16.";

(ii) in sub-regulation (2) the words "after a

nomination paper" shall be substituted by the words "after a

nomination"; and

(iii) in sub-regulation (3) the words "that the

nomination paper" shall be substituted by the words "that

the nomination";

(d)

regulation 25 shall be renumbered in its entirety as

regulation 25(1) and immediately thereafter there shall be added

the following new sub-regulation

"(2) In the case when a candidate dies after the ballot

papers have been printed, the candidacy shall be deemed to

remain valid for all intents and purposes of the law. Provided

that a candidate as referred to in this sub-article may still be

declared to be elected but in such case the Commission shall,

as soon as possible, give notice of an election to fill the said

vacancy.";

(e) immediately after regulation 25 there shall be added

the following new regulation 25A

" Threatening the

Any person who, having been

secrecy of the

given access to the images of the Electronic

vote.

Ballots together with their interpretation

and/or the data set containing the

preferences of voters as shown in the

Electronic Ballots, uses the said data for

any purpose other than that provided in

regulation 14(1) of Schedule Three-A or

otherwise retains or fails to remove the said

data following the conclusion of the

verification process shall be guilty of the

offence of threatening the secrecy of the

vote.";

(f) immediately after regulation 67 there shall be added

the following new proviso

"Provided that where the Commission decides to use

an Electronic Counting System the ballot box shall be

opened and the ballot papers shall be placed faced

downwards on the counting table. When all the ballot papers

found in a ballot box have been placed faced downwards on

the counting table, the supervisor shall place the ballot

papers together in one parcel faced downwards and in a

separate tray for each ballot box with the polling booth

number and locality name. The supervisor shall immediately

place the tray on a rack in a place clearly visible to the

counting agents. This process shall be repeated until all

ballot boxes have been opened. The counting and tallying of

the ballot papers shall be done in accordance to the rules

stated in Thirteenth-A Schedule.";

(g) in sub-regulation (1) of regulation 72 immediately

after the words "with this Part of these regulations" there shall be

added the words "or, when an Electronic Counting System is being

used, Schedule Three-A";

(h)

in regulation 89 the words "Within five days" shall be

substituted by the words "Within three days";

(i) in sub-regulation (1) of regulation 115 immediately

after the words "as follows:" there shall be added the following

"Where an Electronic Counting System is used

All ballot papers contained in each ballot box sorted

in unique identifier order in all other cases:" and

immediately after sub-regulation (3) there shall be added the

following new proviso

"Provided that where the Commission decides to

use an Electronic Counting System, the Commission

shall preserve all data introduced to or used by the

Electronic Counting System including but not limited

to data processed or produced by the Electronic

Counting System for all intermediate steps prior to the

final results. The data is to be preserved in digital

format on suitable media and in at least two separate

copies identical to the original, as decided by the

Commission, for the long term storage of the same

data which media shall be kept in separate sealed

packets and in separate locations established by the

Commission. The said copies shall be preserved until

the publication of the result of the next following

election and shall be erased thereafter.";

(j) immediately after the Third Schedule there shall be

added the following new Schedule

"SCHEDULE THREE-A

The Local Council Elections

(Electronic Counting and Sorting) Regulations, 2019

Part I

Preliminary

1. These regulations may be cited as The Local

Councils (Electronic Counting and Sorting)

Regulations, 2019.

2. In these regulations unless the context

otherwise requires the expressions used will be given

the same interpretation as those used in Schedule Three

of the Local Councils Act, furthermore

"Electronic Ballot" means the electronic

representation of a physical ballot paper in a machine-

readable format obtained from the programmatic

interpretation of the preferences indicated on the

ballot paper together with a unique identifier matching

the Electronic Ballot to the ballot paper and such other

data the Electoral Commission may deem fit to store;

"Non-transferable Ballot" means an Electronic

Ballot on which no second or subsequent preference is

recorded for a continuing candidate

Provided that an Electronic Ballot shall be

deemed valid but has become a Non-transferable

Electronic Ballot whenever

(a) the names of two or more candidates,

(whether continuing or not) are marked with the

same number, and are next in order of preference;

or

(b) the name of the candidate next in

order of preference (whether continuing or not) is

marked

(i) by a number not following

consecutively after some other number on

the ballot paper; or

(ii) by two or more numbers; or

(c) for any other reason it cannot be

determined with certainty for which of the

continuing candidates the next available

preference of the voter is recorded;

"Unique identifier" means a sequence of

numbers used to identify each particular ballot paper

and consisting of

Locality number – 2 digits

Ballot box number – 4 digits

Ballot paper number – 4 digits.

3. Save as otherwise provided by these regulations

when sorting and counting votes the Electronic Counting

System is to respect and incorporate, mutatis mutandis,

the regulations, requirements and the Local Councils

(Elections) Regulations, 1993 stated in the Third

Schedule to the Local Councils Act, to the exclusion of

Regulations 69, 70 and 71 of Part IX and regulations 74,

75, 76, 77(2), 81(2) and 84 of Part X of the Third

Schedule.

Part II

Sorting of Ballot Papers

4. The Commission shall ensure that all the staff

that it may appoint to assist, supervise and operate the

Electronic Counting System and all other necessary

electronic equipment for the process shall be

technically trained to efficiently carry out their

assigned functions.

5. Upon receipt of the ballot boxes by the

Commission the declared number of votes cast as

stated on the Ballot Paper Account shall be registered

on the Electronic Counting System. The number of

ballot papers in each box according to the Ballot Paper

Account shall be displayed on a monitor for the

information of the candidates and their agents.

6. Once the ballot boxes are opened each ballot

paper shall be taken out and first placed faced

downwards to ascertain that each ballot paper contains

the official stamp of the Commission, and that there are

no other marks on the reverse side except the official

stamp of the Commission and of the political parties

that opt to put the official mark and then it shall be

turned, shown and placed with its face upwards to

ascertain that there are no other marks on the front of it

except the numbers indicating the preferences of the

voter. After the completion of the said process, the

ballot papers shall then be placed with their face

upwards in an appropriate tray marked with the polling

booth number and locality name. A copy of the Ballot

Paper Account together with the ballot papers and their

trays shall be stored in such area that shall at all times

be visible to candidates and their agents

Provided that if a counter decides that there is a

possibility that, for any reason according to the

General Elections Act, a ballot paper may be invalid

or if any candidate or agent for the same reason so

claims, the counter shall inform the supervisor of such

ballot paper and the supervisor shall stamp such ballot

paper as ''Dubious'' and place such ballot papers on the

top of the parcel

Provided that no reconciliation of the ballots

in each tray and those stated in the Ballot Paper

Account shall be done at this stage but shall be done

following the scanning phase according to regulation

8(2).

7. (1) The ballot papers are to be processed, in

an orderly manner, through the Electronic Counting

System which shall create and store a digital image of

each ballot paper and shall proceed to convert the

ballot paper into an Electronic Ballot. As part of this

process the ballot paper shall be marked with a unique

identifier matching that given to the Electronic Ballot

in order to allow the Commission, should the need

arise, to identify and match the processed ballots with

the ballot papers and in order to ascertain that a ballot

paper is only processed and counted once.

(2) Persons supervising this process shall confirm

that the number of ballots found in each box reconciles

with that stated in the Ballot Paper Account as

indicated by the Assistant Electoral Commissioners.

When the number of votes found does not tally the

Commission must be notified immediately in order to

carry out the necessary investigation and give all

necessary instructions.

(3) When converting the ballot papers into a

machine readable format the Electronic Counting

System is to identify and bring to the notice of the

Commission all dubious ballot papers, that is all such

ballot papers which give rise to any difficulty in

interpreting the preferences or which may, for any

reason according to the Local Councils Act, be found

to be invalid or non-transferable.

8. (1) The Commission shall investigate all the

dubious Electronic Ballots. In doing so the

Commission may consult the ballot paper marked with

the matching unique identifier as the Electronic Ballot

Provided that ballot papers shall only be

temporarily removed from the original tray on the order

of and by an Electoral Commissioner or other persons

specifically delegated by the Commission.

(2) The Electronic Counting System will bring the

dubious ballots to the notice of the Commission once

all the ballot papers in a particular tray are scanned and

verified.

(3) Upon investigation, a dubious ballot may be

determined to be

(i) invalid

and

consequently

the

Electronic Ballot shall be put aside and ignored in

all counts;

(ii) non-transferable and consequently the

non-transferable portion of the Electronic Ballot

shall be set aside and ignored, whilst the valid

preferences shall be recorded and included in the

first and subsequent counts as the case may be; or

(iii) valid and consequently the numerical

sequence on the Electronic Ballot shall be set to

correctly and faithfully reflect the valid ballot

paper

Provided that in all such cases any

amendment or manual operation that may have

been performed on an Electronic Ballot shall be

logged in the Electronic Counting System, as

well as the reason where a vote is found to be

invalid

Provided further that nothing in these

regulations shall prevent the Commission from

examining all other Electronic Ballots.

(4) The Commission may appoint such persons as

Process – first tier.

it deems fit to review and examine dubious ballots and

to perform the relevant action required in terms of the

preceding sub-regulation. A party delegate from each

Party or a substitute s hall be entitled to make

observations and may raise objections, in which case

the dubious ballot shall be referred to the Commission

for its final decision in terms of the following sub-

regulations.

(5) The Commission, or any number of members

thereof not being less than two, shall investigate any

Electronic Ballot to determine whether it is valid,

transferable or non-transferable or invalid and shall,

after hearing the representations of the party delegates,

or their substitutes, decide in respect of each Electronic

Ballot, whether it is valid, transferable or non-

transferable or invalid, or shall make any amendment

to the interpretation of the vote to correctly reflect the

preferences stated in the ballot paper.

(6) The decision of the Commission, or any

number of members thereof not being less than two, in

this regard shall be final and not subject to appeal.

(7) Once all the dubious Electronic Ballots in a

tray have been investigated and declared valid,

transferable or non-transferable or invalid, the number

of valid and invalid Electronic Ballots in that box is to

be displayed on a monitor or such other method for the

information of the candidates and their agents. Any

ballot papers that may have been removed as directed

by a Commissioner for further investigation shall be

returned to their correct sequence in the ballot tray.

(8) Once all the boxes of a locality have been

processed the total number of valid and invalid votes

for that division is to be displayed on a monitor or

announced in such other method as the Commission

may deem fit.

9. (1) Prior to initiating the electronic

counting, the Commission may carry out such audit,

verifications or other tests it may deem fit in order to

ensure the correctness and completeness of the

Electronic Counting System. The Commission shall

produce reports showing the number of valid votes in

respect of each box together with a separate report

indicating that all candidates are starting with nought

(0) votes.

(2) For the purposes of enabling the counting to

be conducted using the Electronic Counting System the

Commission may carry out any functions or perform

any procedures to be undertaken in connection with the

counting by electronic means as is deemed necessary or

consequential to the same.

(3) The Commission shall issue an order to

commence the counting of votes only after it is

satisfied that all procedures and requisites established

by the Law and the Commission have been satisfied.

Part III

Counting

10. Once the input data is verified the Electronic

Counting System shall determine the quota a s

established in regulation 78 of the Third Schedule.

11. (1) The Electronic Counting System shall

commence the first count with a set of Electronic

Ballots ordered in ascending order by ballot paper

number and ballot box number in a locality by

assigning all valid Electronic Ballots to parcels

according to the preferred candidate indicated in each

Electronic Ballot and each candidate shall be credited

with a number of votes equal to the number of

Electronic Ballots recording a first preference for such

candidate.

(2) In subsequent counts, the transferable

Electronic Ballots shall be transferred and assigned to

the parcel of that candidate in accordance with the

same rules of the Third Schedule.

(3) The System will proceed to calculate the first

count and all subsequent counts without pause, save

where instructions are required from the Commission

in terms of these regulations, including where a

candidate has to be selected for exclusion by lot in

terms of sub-regulation 81(3) of the Third Schedule.

12. The Electronic Counting System will produce

a draft report showing the number of votes obtained by

each candidate at each count. The draft report will not,

at this stage, be considered an official result.

13. The Commission shall forward a copy of the

Draft Result to party delegates in order for them to

view the result in terms of regulation 12 above

Provided that the Commission shall accord the

party delegates or their substitutes, in writing, an

adequate, equal and reasonable period of time from the

production of the draft result to view the result, which

period of time may be extended by the Commission on

receiving a request by a party delegate stating the

reasons to justify the request. The decision of the

Commission shall be final.

14. (1) During the period of time reserved for

viewing, the party delegates shall have the right to

access the images of each Electronic Ballot together

with its interpretation, and to access a complete data

set containing the preferences of voters as shown in the

Electronic Ballots and this solely and exclusively for

the purposes of verifying that the ballot papers were

correctly interpreted by the System and that the

preferences stated in the ballots were correctly allocated

to candidates

Provided that the party delegates shall not

retain the said information and shall ensure the

complete deletion and destruction of the information

received and any copies that may have been made

following the verification of the ballot papers and their

allocation, and this immediately upon the expiry of the

period of time reserved for viewing

Provided further that any person who having

been granted access to the image of each Electronic

Ballot together with its interpretation, and/or the

complete or partial data set containing the preferences of

voters as shown in the Electronic Ballots uses the data

for purposes other than those allowed in terms of this

sub-regulation or retains the said information beyond the

period of time required to conduct these purposes or fails

to delete or destroy the information following the

conclusion of the verification shall be guilty of an

offence, and shall, on conviction, be liable to a fine

(multa) not exceeding ten thousand euro (€10,000) or to

imprisonment for a term not exceeding twelve months or

to both such fine and imprisonment.

(2) When providing the Parties and party delegates

with the information specified in the preceding sub-

regulation, the Commission shall ensure that the

recipients are aware of their obligations in terms of these

regulations and shall be empowered to impose such non-

disclosure and other obligations, including penalty

clauses by which the Parties, party delegates and their

substitutes shall confirm and bind themselves not to

copy, retain, publish or otherwise use the data set other

than for verification purposes within the time-frame

allocated to them and to ensure that upon the expiry of

the said time-frame they shall delete and/or return the

data to the Commission.

(3) The Commission shall investigate as it deems fit

any reasoned objection or complaint that a party

delegate, or a contesting Party may bring forward with

regards to the correctness of the result.

(4) Following the publication of the result, the

Commission shall not provide access to the images of

each Electronic Ballot or to their interpretation or to the

complete data set containing the preferences of voters as

shown in the Electronic Ballots and shall ensure that it

does not provide any information that may remove the

secrecy of the vote.

15. (1) Following the declaration by the Parties

that they are satisfied with the result or the expiry of

the time allowed for verification as indicated in

Regulation 13 of this Schedule, the Commission shall

declare and publish the final and definite results of the

first count.

(2) The Commission shall display on one or more

monitors for the information of the candidates and their

agents the results for the first count, the Commission

shall allow a short period of time and then publish the

final and definite result of the second and subsequent

counts. The length of period of time between each

count shall be determined by the Commission at its

sole discretion.

(3) Any candidate or agent may, before the next

count is shown, request the Commission to re-examine

all or any of the Papers dealt with during that count, in

which case the Commission shall suspend the display

of the individual counts and instead shall display on a

monitor or monitors all the Electronic Ballots that were

processed in that count sequentially.

(4) When examining the votes in this manner any

suspected error is to be brought immediately to the

attention of the Commission which shall investigate the

matter and decide on how to proceed. The decision of

the Commission is final and not subject to appeal.

(5) Following the display of all the counts on the

monitor the result will be final and definite

Provided that all Parties shall have the same

rights at law to contest the result as emanating from the

Law and from the Local Councils Act and its

Schedules.

16. (1) The Electronic Counting System and all

devices or software intended to work together with the

System shall be tested adequately before being

approved by the Electoral Commission to carry out the

process of Electronic Counting and Sorting. The

Commission shall ensure that the Counting Engine and

any subsequent revision shall be accredited and

confirmed to operate in a correct manner in conformity

with the Third Schedule and this Schedule by an

accreditation authority as may be deemed appropriate

by the Commission.

(2) At least three (3) identical sets of the final and

approved version of the software for the Counting

Engine and the Interpretation and Transcription into

machine readable language for voting preferences shall

be stored in digital format on a suitable medium for the

long term storage of the same data in packets; which

packets shall be sealed by the Commission and the

party delegates and stored by the Commission in a

secure location. Party delegates shall have the right to a

set of the software installed on a secure server provided

by the Commission at the Counting Complex, on

polling day, and prior to the commencement of the

electronic sorting and counting or at any other time as

may be decided by the Commission.

(3) The Commission shall verify and ensure in the

presence of the party delegates that the software made

available to the party delegates as provided in sub-

regulation (2) above is identical to the software that

will be used in the Electronic Counting System.

17. The Commission is to ensure that the

Counting System. Electronic Counting System is operated independently

from other systems and free from any form of

electronic interference.

18. The Commission may define and establish

Further procedures

such further procedures that may be required to better

operate the System.

19. The Commission may, should it deem it so

necessary in the circumstances, order the suspension of

the use of the Electronic Counting System for counting

and sorting votes and instead revert to the rules of the

Third Schedule of the Local Councils Act or such other

regulations issued in terms of the Local Councils Act

as may be in force from time to time

Provided that in such circumstances the

Commission shall, for all intents and purposes of law,

be deemed to have decided to not use an Electronic

Counting System for the counting and sorting of votes.

20. In the event of a seat becoming vacant Part XI

of the Third Schedule shall be applied so however that

the examination of the ballot papers shall be done by

the Electronic Counting System using the final

resulting parcel of the Candidate as produced by the

System.

EXAMPLE OF THE METHOD OF COUNTING

REPRESENTATION SYSTEM OF THE SINGLE

TRANSFERABLE VOTE USING AN ELECTRONIC

VOTE COUNTING SOLUTION

Let it be assumed that there are six members to be

elected and that there are eleven candidates A, B, C, D,

E, F, G, H, I, K, L.

THE QUOTA

Once all ballot papers are scanned, verified and

adjudicated, an ordered (by vote number, ballot box

number) set of valid Electronic Ballots is formed. The

total number of valid Electronic Ballots submitted to

the count engine is 348. This total is divided by seven

(i.e. the number which exceeds by one the number of

vacancies to be filled), and 50 (i.e. the quotient 49

increased by 1, neglecting the fraction) is the "quota",

or the number of votes sufficient to elect a member.

FIRST COUNT

The ordered set of Electronic Ballots is treated as the

initial parcel within the count engine. This initial parcel

is analysed and all Electronic Ballots are assigned into

separate sub-parcels under the name of the candidate

for which a first preference has been recorded.

The results of the count may be supposed to be as

follows

Candidate

Votes

A

B

C

D

E

F

G

H

I

K

L

Non-Transferable

Total

The votes obtained by B, F and H exceed or equal the

quota, and they are thereupon elected.

SECOND COUNT

B has 90 surplus votes (i.e. B’s total 140, less the quota

50), and it is necessary to transfer this surplus first as

being the largest.

All B’s 140 Electronic Ballots are analysed and

assigned into separate sub-parcels according to the next

available preferences indicated therein.

In general, the next available preference will be the

second preference. But any Electronic Ballot on which

the second preference is given to either F or H, both

already elected, passes to the next available preference

after such candidates. An Electronic Ballot marked

with 1 for B, 2 for H, 3 for F, 4 for I, is placed in the

sub-parcel for I.

A s e p a r a t e s u b - p a r c e l i s a l s o fo r m e d o f t h o s e

Electronic Ballots on which no further available

preference, i.e. no further preference for any continuing

candidate is shown, and which are therefore not

transferable.

The result is found to be as follows

A next available preference is shown for D on ............. 80 ballots

A next available preference is shown for E on …........

2 ballots

A next available preference is shown for I on .............. 25 ballots

A next available preference is shown for K on ............. 29 ballots

Total of transferable ballots …………… 136 ballots

Total of non-transferable ballots ………

4 ballots

Total of B’s ballots …………………….. 140 ballots

Since the total number of transferable ballots (136)

exceeds the surplus (90), only a portion of each sub-

parcel can be transferred, and the number of ballots to

be transferred from each sub-parcel must bear the same

proportion to the total number of ballots in the sub-

parcels as that which the surplus bears to the total

number of transferable ballots.

In other words, the number of Electronic Ballots to be

transferred from each sub-parcel is ascertained by

multiplying the number of ballots in the sub-parcel by

90 (the surplus) and dividing the result by 136 (the total

number of transferable ballots) giving 0.6617647.

The calculation is as follows

Sub-

Actually

Candidate

Whole

Fraction

Parcel

Transferred

D

x 0.6617647

.9412

+1

E

x 0.6617647

.3235

I

x 0.6617647

.5441

+1

K

x 0.6617647

.1912

Total

The numbers of Electronic Ballots to be transferred as

determined by the preceding process contain decimal

parts, and since only whole ballots can be transferred,

so many of the largest of these decimal parts, taken in

order of their magnitude as will make the total number

of Electronic Ballots to be transferred equal to the

surplus, are reckoned as of the value of unity.

Thus as the whole numbers determined above amount

to only 88 viz. (52+1+16+19), or two short of the

surplus, 90, the two largest decimal parts .9412 and

.5441 are reckoned as unity, and the number of

Electronic Ballots actually transferred are as follows

To D ......................................................................

53 ballots

To E ……………………………………………...

1 ballot

To I ……………………………………………….

17 ballots

To K ……………………………………...............

19 ballots

Total, being B’s surplus ……….............................

90 ballots

The particular Electronic Ballots to be transferred to D,

E, I and K are those last filed in their respective sub-

parcels, and therefore at the bottom of the sub-parcels.

These Electronic Ballots are added in separate sub-

parcels to the parcels of D, E, I and K. (Note: K had no

parcel of original ballots).

The totals of the votes credited to these candidates then

become

To D.................................................... 10 + 53 = 63

2 parcels

To E ………….………..........……… 4 + 1 = 5

2 parcels

To I ……………….………………... 12 + 17 = 29

2 parcels

To K …………..……………..…...... 0 + 19 = 19

1 parcel

The remainder of the Electronic Ballots in the sub-

parcel of the elected candidate B, i.e. those ballots not

transferred together with the ballots on which no

further available preferences were marked now form

the parcel, representing B’s quota of votes (50). This

parcel retains the order of B’s original parcel.

The parcel is made up as follows

The remainder of D’s sub-parcel ............................... 80 – 53 = 27

The remainder of E’s sub-parcel ……………............ 2 – 1 = 1

The remainder of I’s sub-parcel ………………….... 25 – 17 = 8

The remainder of K’s sub-parcel …………………… 29 – 19 = 10

Total of non-transferable ballots ………..... 4

Total, being B’s quota ……………...…....... 50

The state of the poll on the conclusion of the second

count is as follows

Candidate

Votes

A

B

50 (elected)

C

D

63 (elected)

E

F

62 (elected)

G

H

50 (elected)

I

K

L

Non-Transferable

Total

D now has 63 votes, a number which is more than the

quota. He is accordingly elected.

THIRD COUNT

There are now two surpluses, that of F (12) and that of

D (13). F’s surplus, though the smaller, is first dealt

with as it arose on a prior count. F’s surplus is

distributed proportionately among the next available

preferences on F’s original 62 ballots in exactly the

same manner as in the case of B, with the result that 9

ballots are transferred to L, 2 to C and 1 to A.

The totals of the votes credited to these candidates then

become

To L ............................................ 24 + 9 = 33

2 parcels

To C ……………………............ 25 + 2 = 27

2 parcels

To A …………………………... 7 + 1 = 8

2 parcels

The remainder of the Electronic Ballots in the sub-

parcel of the elected candidate F, i.e. those ballots not

transferred together with the ballots on which no

further available preferences were marked, now form

the parcel representing F’s quota of votes (50). This

parcel retains the order of F’s original parcel.

The Electronic Ballots in the sub-parcel of the elected

candidate H (who obtained an exact quota at the first

count) retain the order of the original parcel and form

the parcel representing H’s quota of votes (50).

FOURTH COUNT

D’s surplus (13) must now be distributed. For this

purpose only the sub-parcel last transferred, containing

53 ballots, is considered. These are analysed and

assigned into sub-parcels, according to the next

available preferences, with the following result

A next available preference is shown for I on ................ 42 ballots

A next available preference is shown for K on …........... 10 ballots

Total of transferable ballots ……………........ 52 ballots

Total of non-transferable ballots ……….........

1 ballot

Total

53 ballots

The number of ballots to be transferred from each sub-

parcel is ascertained by multiplying the number of

ballots in the sub-parcel by 13 (the surplus) and

dividing the result by 52 (the total number of

transferable ballots); therefore

I’s share of the surplus ………………….. 42 x 0.25 = 10.5

K’s share of the surplus ………………… 10 x 0.25 = 2.5

As the decimal parts above are equal, that which arises

from the larger sub-parcel is deemed to be the larger.

I’s share of D’s surplus is, accordingly, 11 votes, and

K’s share is 2 votes.

The totals of the votes credited to these candidates then

become

To I.................................................... 12 + 17 + 11 = 40 3 parcels

To K ………………………………

19 + 2 = 21

2 parcels

The remainder of the Electronic Ballots in the sub-

parcel of the elected candidate D, i.e. those ballots not

transferred (39) together with the ballots on which no

further available preferences were marked (1) and the

10 ballots received on the first count, making 50 ballots

altogether, now form the parcel representing D’s quota

of votes.

The state of the poll on the conclusion of the fourth

count is as follows

Candidate

Votes

A

B

50 (elected)

C

D

50 (elected)

E

F

50 (elected)

G

H

50 (elected)

I

K

L

Non-Transferable

Total

FIFTH COUNT

There being now no surplus required to be dealt with,

the Electoral Commissioner proceeds to transfer the

votes of the candidate with the smallest total of votes.

The candidate lowest on the poll is E, with 5 votes. The

ballots in the sub-parcel of candidate E are analysed

and assigned into sub-parcels, according to the next

available preferences, with the result that 4 ballots are

transferred to I, and 1 non-transferable ballot is set

aside as a separate parcel, whilst respecting the original

order of ballots for candidate E.

The totals of the votes credited to these candidates then

become

To I .......................................... 12 + 17 + 11 + 4 = 44 4 parcels

Non-Transferable

1 parcel

The state of the poll on the conclusion of the fifth count

is as follows

Candidate

Votes

A

B

50 (elected)

C

D

50 (elected)

E

0 (eliminated)

F

50 (elected)

G

H

50 (elected)

I

K

L

Non-Transferable

Total

SIXTH COUNT

The Electoral Commissioner proceeds to transfer the

votes of candidate A, who is the candidate with the

smallest total of votes on the poll with 8. The ballots in

the sub-parcel of candidate A are analysed and

assigned into sub-parcels, according to the next

available preferences, with the result that 1 ballot is

transferred to C, and 7 ballots are transferred to G.

The totals of the votes credited to these candidates then

become

To C.................................................

25 + 2 + 1 = 28

3 parcels

To G …………………………….....

14 + 7 = 21

2 parcels

The state of the poll on the conclusion of the sixth

count is as follows

Candidate

Votes

A

0 (eliminated)

B

50 (elected)

C

D

50 (elected)

E

0 (eliminated)

F

50 (elected)

G

H

50 (elected)

I

K

L

Non-Transferable

Total

SEVENTH COUNT

No candidate is elected as the result of the sixth count

and the next operation has to be determined upon.

Candidates G and K have each the same number of

votes (21) and are lowest on the poll. K’s ballots are

analysed and assigned, as he obtained fewer votes than

G in the first count. From the distribution of K’s ballots

(21), 3 ballots are transferred to C, 15 to I, 1 to L and 2

are non-transferable. I thereby reaches a total of 59

votes, and is elected.

The totals of the votes credited to these candidates then

become

To C...................................... 25 + 2 + 1 + 3 = 31

4 parcels

To I ……………………….. 12 + 17 + 11 + 4 + 15 = 59 5 parcels

To L ………………………. 24 + 9 + 1 = 34

3 parcels

Non-Transferable

2 parcels

The final state of the poll on the conclusion of the

seventh count is as follows

Candidate

Votes

A

0 (eliminated)

B

50 (elected)

C

D

50 (elected)

E

0 (eliminated)

F

50 (elected)

G

H

50 (elected)

I

59 (elected)

K

0 (eliminated)

L

Non-Transferable

Total

EIGHTH COUNT

I’s surplus (9) must now be distributed. For this

purpose only the sub-parcel of ballots last transferred

to I (15 ballots) is taken into account. These are

analysed and assigned into sub-parcels for the

continuing candidates, with the following result

A next available preference is shown for C on ............ 4 ballots

A next available preference is shown for L on …......... 3 ballots

Total of transferable ballots …………… 7 ballots

Total of non-transferable ballots ………. 8 ballots

Total

15 ballots

In this case the total number of transferable ballots (7)

is less than the surplus (9), therefore the Electoral

Commissioner transfers the whole sub-parcels of

transferable ballots to the continuing candidates

indicated thereon as next available preference. This

accounts for 7 votes out of the surplus 9. There is a

difference of 2 ballots. The sub-parcel of non-

transferable ballots is therefore divided into two

portions, one containing 2 ballots (which form part of

the surplus) the other containing 6 ballots (which are

required for I’s quota). The portion of 2 ballots is set

aside as a separate parcel with the other parcels of non-

transferable ballots, and the portion of 6 ballots is

retained to make up I’s quota (6+44=50).

The totals of the votes credited to these candidates then

become

To C......................................... 25 + 2 + 1 + 3 + 4 = 35 5 parcels

To L ……………………….... 24 + 9 + 1 + 3 = 37

4 parcels

Non-Transferable

3 parcels

The state of the poll on the conclusion of the eighth

count is as follows

Candidate

Votes

A

0 (eliminated)

B

50 (elected)

C

D

50 (elected)

E

0 (eliminated)

F

50 (elected)

G

H

50 (elected)

I

50 (elected)

K

0 (eliminated)

L

Non-Transferable

Total

NINTH COUNT

There being now no surplus, the votes of G, the

candidate lowest on the poll, are analysed and

assigned. G’s parcel of 21 ballots is found to contain 7

ballots on which C is the next preference, and 12 on

which L is the next preference, and 2 ballots which are

non-transferable. Therefore 7 ballots are transferred to

C, and 12 to L, and 2 are filed as a separate parcel with

the other parcels of non-transferable ballots.

The totals of the votes credited to these candidates then

become

To C ................................... 25 + 2 + 1 + 3 + 4 + 7 = 42 6 parcels

To L ……………………

24 + 9 + 1 + 3 +12 = 49

5 parcels

Non-Transferable

4 parcels

The state of the poll on the conclusion of the ninth

count is as follows

Candidate

Votes

A

0 (eliminated)

B

50 (elected)

C

D

50 (elected)

E

0 (eliminated)

F

50 (elected)

G

0 (eliminated)

H

50 (elected)

I

50 (elected)

K

0 (eliminated)

L

Non-Transferable

Total

There being now no surplus, C, the candidate lowest on

the poll, is excluded from the poll. But, as there

remains only one vacancy to be filled, and only one

continuing candidate, namely L, L is elected without

any further transfer of votes.

The final result is that B, F, H, D, I and L are elected.";

(k) the Eight Schedule shall be substituted by the following

"EIGHTH SCHEDULE

(Regulation 20)

"; and

(l)

immediately after the Eighth Schedule there shall be

added the following new Schedule

"SCHEDULE 8A

(Regulation 20)

Rear of Ballot Paper

".

Passed by the House of Representatives at Sitting No. 215 of the

3rd April, 2019

.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€5.67