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GENERAL ELECTIONS ACT

142 Articles / Provisions · Malta
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Table of Provisions (142)

Preamble Art. 1 Short title. First Schedule Art. 2 Interpretation. Second Schedule Art. 3 Power to make regulations. Third Schedule Art. 4 Appropriation of moneys required for the purposes of this Act. Fourth Schedule Art. 5 Extension of periods of time. Fifth Schedule Art. 6 Delivery of applications or communications to the Commission regarding the registration or transfer of votes. Sixth Schedule Art. 7 Electoral Commission. Seventh Schedule Art. 8 Oaths to be taken by Commissioners. Eighth Schedule Art. 9 Powers of commissioners. Schedule 8A Art. 10 Party Delegates. Schedule Eight B Art. 11 Establishment of Electoral Office. Ninth Schedule Art. 12 Oath to be taken by staff of Electoral Office and power to administer oath. Tenth Schedule Art. 13 Appointment of Revising Officers. Eleventh Schedule Art. 14 Appointment of Medical Board. Twelfth Schedule Art. 15 Qualification of voters. Thirteenth Schedule Art. 16 Right to vote at elections. Schedule Art. 17 Electoral Divisions and number of Members of Parliament. Schedule Thirteenth-A Art. 18 Method of Election. Fourteenth Schedule Art. 19 Enquiries by Commission. Fifteenth Schedule Art. 20 Duty of Government officers to give information. Art. 21 Application for registration. Art. 22 Method of registration. Art. 23 Transfers and corrections. Art. 24 Cancellation of registration. Art. 25 Decision by Commission on application for registration, transfer, correction or cancellation. Art. 26 Requirement of information by commission. Art. 27 Refusal or cancellation due to mental incapacity. Art. 28 Information regarding new registrations, etc. Art. 29 Rights of party delegates to information. Art. 30 Electoral Register. Art. 31 Compilation of Electoral Register. Art. 32 Contents of Electoral Register. Art. 33 Publication of Electoral Register. Art. 34 Additions, cancellations and corrections by Revising Officer. Art. 35 Voters at election to be those in last Electoral Register. Art. 36 Appeals in case of forced correction or transfer. Art. 37 Appeals in case of refusal of application. Art. 38 Appeals in the case of cancellation of registration. Art. 39 Appeals following publication of Electoral Register. Art. 40 Appeals by third person following publication of Electoral Register. Art. 41 Hearing of appeals. Art. 42 Adjournment of pending appeals. Art. 43 Certificates to be forwarded to Commission. Art. 44 Election Writ. Art. 45 Notice to be published by Commissioners. Art. 46 Voting Document. Art. 47 Special Voting Document. Art. 48 Number of Voting Documents. Art. 49 Ballot Paper. Art. 50 Distribution of ballot papers. Art. 51 Nomination of Candidates. Art. 52 Deposit by candidates at elections. Art. 53 Report by Commissioners if no candidates are nominated. Art. 54 Uncontested and contested elections. Art. 55 Withdrawal of candidature. Art. 55A Threatening the secrecy of the vote. Art. 56 Appointment of Assistant Commissioners. Art. 57 Nomination of Assistant Commissioners. Art. 58 Disqualifications and publication of names of Assistant Commissioners. Art. 59 Objections to Assistant Commissioners. Art. 60 Appointment of Candidate’s Agent. Art. 61 Appointment of party agents. Art. 61A District agents. Art. 62 Persons guilty of corrupt practices not to be appointed agents. Art. 63 Identification of agents. Art. 65 Prohibition of public meetings and demonstrations. Art. 66 Maintenance of order within 50 metres of each polling place. Art. 67 Maintenance of order outside 50 metres from polling place. Art. 68 Provisions with regard to polling booths and voting compartments. Art. 68A Ballot boxes and documents for polling booths. Art. 69 Transfer of ballot boxes to polling booths. Art. 70 Voting. Art. 71 Method of Voting. Art. 72 Illiterate or incapacitated voters. Art. 73 Assistant Commissioners not to see vote recorded. Art. 74 Ballot paper not to be removed from polling place. Art. 75 Assistant Commissioners not to make suggestions as to manner of voting. Art. 76 No unauthorised person to enter polling place. Art. 77 Mixed polling places. Art. 78 Closure of Voting. Art. 79 Assistant Commissioners responsible for the maintenance of order. Art. 80 Retirement Home and hospitals. Art. 81 Sub-committee for Retirement Homes and hospitals. Art. 82 Duties of persons responsible for the administration of retirement homes and hospitals. Art. 83 Voting at Retirement Homes and hospitals. Art. 84 Direction by Electoral Commission. Art. 85 Start of counting of ballot papers. Art. 86 Tampering with ballot boxes. Art. 87 Counters, supervisors and calculators. Art. 88 Commissioners may appoint persons to assist them in the counting of ballot papers. Art. 89 Candidates and Agents. Art. 90 Building where counting of ballot papers will take place. Art. 91 Broadcasting coverage. Art. 92 Appointment of persons to ensure proper running of building, etc. Art. 93 Representations to Commissioners. Art. 94 Direction of building. Art. 95 Reconciliation of ballot paper account. Art. 96 Removal of ballot boxes from strong room. Art. 97 Opening of each ballot box. Art. 98 Objections to opening of ballot box. Art. 99 Checking of ballot paper account. Art. 100 When ballot papers do not tally with ballot paper account. Art. 101 When ballot papers and ballot paper account tally. Art. 102 All ballot boxes to be opened. Art. 103 Ballot papers belonging to other Electoral Divisions. Art. 104 Number of votes cast. Art. 105 Sorting of ballot papers, casual elections and co- options. Art. 106 Publication of result of election and of counting details. Art. 107 Preservations of documents. Art. 108 Power of court to order unsealing of packets. Art. 109 Candidates returned in both divisions. Art. 110 Penalty for giving false information. Art. 111 Penalty for misconduct in polling places, etc. Art. 112 Penalty for offences in respect of nomination, etc. Art. 113 Infringement of secrecy as to manner of voting. Art. 114 Prohibition of activities capable of influencing voters immediately before the election. Art. 115 Competent courts. Art. 116 Prohibition of display of posters, etc. Art. 117 Right of action before Constitutional Court. Art. 118 Repeal. Art. 119 Non-exercise of certain rights. Art. 120 Electronic Equipment.

Statutory Text (142 Articles)

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Preamble — GENERAL ELECTIONS ACT Open official source

CHAPTER 354

GENERAL ELECTIONS ACT

To make provision for the qualification of voters, the constitution of

Electoral Divisions, the method of registration of voters and the Election

and Co-option of Members of Parliament.

27th September, 1991

ACT XXI of 1991 as amended by Acts XXIV of 1995, XV of 1996; Legal

Notice 178 of 1996; Acts VI of 2001, XVI of 2002 and XXI of 2007; Legal

Notice 425 of 2007; Acts VII of 2009, XIV of 2012; Legal Notice 426 of

2012; Acts VII, XVII of 2014; Legal Notice 284 of 2014; Act XXIV of 2015,

Legal Notices 350 of 2017, IV of 2018, 372 of 2021 and XIX of 2018, XI of

2019, XX of 2021, II of 2022 and XII of 2024.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 1 Short title. — GENERAL ELECTIONS ACT Open official source

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

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
First Schedule — GENERAL ELECTIONS ACT Open official source

(Article 8)

Form of Oath of Office to be taken by the Election Commissioners

I, ....................... , *Chief Electoral Commissioner/Electoral

Commissioner do swear / affirm that I will faithfully perform the

duties of Commissioner to conduct the election of Members of the

House of Representatives according to law. (So help me God.)

* delete where necessary

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 2 Interpretation. — GENERAL ELECTIONS ACT Open official source

(1) In this Act and in any regulations made thereunder,

unless the context otherwise requires -

"ballot box" means a box wherein voters are obliged to place

their marked ballot papers;

"Commission" shall mean the Electoral Commission established

by article 60 of the Constitution;

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;

"House" means the House of Representatives established by the

Constitution;

"an identification document" means a document which is a

legally valid identification document for the purposes of the

Identity Card and other Identity Documents Act;

"non-searchable" means not capable of being searched on the basis of

name, surname or Identity Card number;

"official mark" means the stamp which the Commission and the

political parties direct the Assistant Commissioner as respectively

nominated by each of them, to use on the ballot paper prior to

giving such ballot paper to the voter and may be of such form as

each of them may determine provided that it may not in any way

constitute any form of propaganda and the marks of the political

parties shall not be necessary for the validity of the ballot paper.

Political parties opting to use official marks shall deposit an

imprint of the stamp to be so used at least one hour before the start

of the poll;

''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;

"political party" shall, for the purposes only of articles 10 and

14, mean any person or group of persons who having contested the

general election under one name is represented in the House by, at

least, one member or was so represented when the House was last

dissolved, and in all other cases "political party" shall mean any

person or group of persons contesting the election as one group

bearing the same name;

"polling booth" means the room wherein voters attend on the day

of the poll to receive and mark a ballot paper and insert the same in

a ballot box;

"polling day" means the proper day established for voting in the

President’s Writ referred to in article 44;

"polling place" means the school, building or other complex or

structure wherein one or more polling booths are situated and shall,

saving the provisions of article 66, include the grounds, if any, of

such complex or structure;

"the first voting day" means the Saturday before polling day when

advanced voting takes place according to the particular provisions of

this Act, by voters being abroad or who shall be recovered in a hospital

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

the Commission and by residents of the Corradino Correctional

Facility;

"the second voting day" means the Tuesday before polling day when

voting takes place according to the particular provisions of this Act, by

voters who are assigned as Assistant Electoral Commissioners;

"the third voting day" means the Thursday before polling day when

voting takes place according to the particular provisions of this Act, by

voters recovered in hospitals;

"voting compartment" means such part of a polling booth

wherein voters are to mark their ballot papers, and which is to be

furnished with an adequate writing surface and instruments for

such purpose;

"voting document"' means the voting document which is to be

forwarded to voters in terms of article 46.

(2) Whenever by this Act a penalty is attached to the

performance of any act "before, during or after", an election, no

account shall be taken of anything done earlier than -

(a) in the case of any election held in consequence of a

dissolution of Parliament under article 76(1) of the

Constitution, the issue of the Proclamation dissolving

the House;

(b) in the case of any election held in consequence of a

dissolution of Parliament under article 76(2) of the

Constitution of Malta, three months before the date of

such dissolution.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Second Schedule — GENERAL ELECTIONS ACT Open official source

Amended by

L.N. 426 of 2012.

(Article 21)

Substituted by

L.N.350 of 2017.

FORM NO. 1

Form of Application for Registration as a Voter

To the Electoral Commission, Valletta, Malta.

Surname ______________________________________ I.D. Card No. _____________________________

Name __________________________________________________________________________________

Place of Birth __________________________________ Date of Birth ______________________________

Name of town / village ____________________________________________________________________

Street and number / name of premises ________________________________________________________

Parent’s Name, Surname and Surname at birth __________________________________________________

Place of Birth _______________________________________ Nationality* __________________________

* (if applicant’s parent shown above is dead, state nationality at the time of death)

Parent’s name, Surname and Surname at birth __________________________________________________

Place of Birth _______________________________________ Nationality ** ________________________

** (if applicant’s parent shown above is dead, state nationality at the time of death)

I hereby apply to be registered as a voter for the election of Members of the House of Representatives for the

___________________________ (1) electoral division in accordance with the 1991 General Elections Act.

Date ___________________________________

Signature or mark of applicant

(1) Insert number of electoral division

FOR OFFICIAL USE ONLY

Remarks

Vtd. ______________________________

Chkd. ______________________________

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 3 Power to make regulations. — GENERAL ELECTIONS ACT Open official source

(1) The Commission may make regulations not

inconsistent with or repugnant to, the provisions of this Act, for

prescribing any form or procedure for which no express procedure

is contained in this Act, for amending the forms contained in the

schedules to this Act and, generally, for carrying the provisions of

this Act into effect. The Prime Minister shall upon the publication

of such regulations lay the same upon the Table of the House.

(2) The Minister responsible for justice may by regulations

under this sub-article establish the fees payable in the registries of

the Courts of Magistrates (Malta) and the Court of Magistrates

(Gozo) in connection with the filing of appeals and applications to

Revising Officers under this Act

Provided that until such fees are so established by the

M i n i s t e r, t h e f e e s c o n t a i n e d i n S c h e d u l e A t o t h e C o d e o f

Organization and Civil Procedure shall apply.

(3) The board established under article 29 of the Code of

Organization and Civil Procedure may make rules, not inconsistent

with this Act, governing appeals and applications to Revising

Officers.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Third Schedule — GENERAL ELECTIONS ACT Open official source

(Article 23)

Form of Corrections or Transfers

To the Electoral Commission

I (1) ........................... legally valid identification document

number ........................ formerly residing at (2) ........................... ,

do hereby give notice that I have transferred my residence to (3)

Date ....................................

Signature or mark of applicant (4)

Signature and legally valid identification

document number of witness

Address of witness ........................................................................

(1)

Name and surname (also nickname, if any)

(2)

Former address as shown on Electoral Register

(3)

Present address

(4)

Should applicant be unable to write, the person filling in the

form is to affix his or her signature and furnish his or her full

address and legally valid identification document number

below applicant’s mark.

GENERAL ELECTIONS

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 4 Appropriation of moneys required for the purposes of this Act. — GENERAL ELECTIONS ACT Open official source

(1) The Minister responsible for finance shall, from time to

time by warrant under his hand addressed to the Accountant

General, authorise and direct that all such moneys as are reasonably

required for meeting any expenses lawfully incurred in the

execution of the provisions of this Act be paid out of the

Consolidated Fund without any further appropriation other than

this Act.

(2) A statement of the expenses so paid shall, so soon as

practicable, be laid on the Table of the House.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Fourth Schedule — GENERAL ELECTIONS ACT Open official source

FORM NO. 3

REFERENCE NO.

Application Form for change in details

To the Electoral Commission, Valletta, Malta.

My name and/or address* as shown on the Electoral Register together with other details as shown hereunder (1)

Identity Card No. of applicant _________________

Date of Birth _________________

Place of Birth _________________

Nationality _________________

Gender _________________

Surname at birth __________________

Status _________________

As a result of changes thereto, I request that my name and/or address* together with other details be shown as follows (2)

Date of Birth _________________

Place of Birth _________________

Nationality _________________

Gender _________________

Surname at birth __________________

Status _________________

* Delete where not applicable.

Signature or mark of applicant (3)

Date: _________________________

Signature and Identity Card Number of witness

Address of witness ________________________________________________________________________

(1) Full name and full address as shown on the Electoral Register. (Details before change)

(2) Changes required by the applicant. (Details after change)

  ,IWKHSHUVRQZKRLVUHTXHVWLQJWKHFKDQJHLVQRWDEOHWRZULWHWKHSHUVRQZKRÀOOVLQWKHIRUPKDVWRVLJQZULWHWKHIXOODGGUHVV

and Identity Card Number under the mark of the applicant.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 5 Extension of periods of time. — GENERAL ELECTIONS ACT Open official source

Where any period of time prescribed by any of the

provisions of this Act for carrying into effect any procedure is in

the opinion of the President of Malta, insufficient for the purpose,

the President of Malta may, by notice published in the Gazette,

extend such period as he may deem necessary.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Fifth Schedule — GENERAL ELECTIONS ACT Open official source

Amended by

L.N. 426 of 2012.

(Article 23)

Substituted by

L.N.350 of 2017.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 6 Delivery of applications or communications to the Commission regarding the registration or transfer of votes. — GENERAL ELECTIONS ACT Open official source

(1) All applications which may be made to the

Commission under this Act regarding the registration, cancellation,

correction or transfer of a voter may either be delivered to the

Electoral Office or to the Local Council office wherein the voter

resides or to any police officer in any police station in Malta or

Gozo, or forwarded to the Commission free of any charge for

posting.

(2) Every Local Council secretary and every police officer to

whom an application as is referred to in sub-article (1) hereof is

delivered shall give a receipt to the person delivering the

application, write on the application the date on which the

application is received and shall forward the application forthwith

to the Commission.

(3) The Commission shall give or forward to each applicant a

receipt in respect of each such application received by it.

(4) Any notice or other written communication which may be

made by the Commission under this Act may be forwarded through

the post and shall be deemed to have been received by the person to

whom it was addressed on the day on which a letter regularly

posted would in the normal course of postage have been received

Provided that any notice or written communication sent by

the Commission to any person regarding his rights as a voter shall

be sent by registered post.

(5) It shall be the duty of the Electoral Commission to ensure

that an adequate supply of forms is available at all times at Local

Council offices and at police stations.

PART II

Electoral Commission and Office

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Sixth Schedule — GENERAL ELECTIONS ACT Open official source

(Article 44)

Form of Writ to the Electoral Commissioners by the President of

Malta

To,

Electoral Commissioners appointed for conducting the election of

Members of the House of Representatives.

Whereas an election of Members of the House of Representatives is

to be held for the electoral division;

You are hereby commissioned to cause an election of Members of

the House of Representatives to be held according to the law.

Given at the Palace, Valletta

this ........day ............ of ................... 20 ........

PRESIDENT

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 7 Electoral Commission. — GENERAL ELECTIONS ACT Open official source

(1) The registration, transfer, correction and cancellation

of voters, the compilation of the Electoral Register, the election of

members of the House of Representatives and the administration of

t h e E l e c to r a l Off i c e s ha l l be t he so l e r e s p o n s i b i l it y o f t he

Commission established by article 60 of the Constitution. The

Chief Electoral Commissioner shall be responsible for the day to

day running of the Electoral Office and for the implementation of

the decisions of the Commission.

(2) The Commission shall be composed of the Chief Electoral

Commissioner as chairman and ten (10) members as Electoral

Commissioners; such members shall reflect equal representation

between sexes, in any case not having less than four (4) members of

every sex.

(3) The Electoral Commission shall be a body corporate having

a distinct legal personality and shall be capable, subject to the

provisions of this Act, of entering into contracts, of acquiring,

holding and disposing of any kind of property for the purposes of

its functions, of suing and being sued, and of doing all such things

an d en teri ng int o al l su ch t ran sactions as are incidental or

conducive to the exercise of its functions under this Act.

(4) The legal representation of the Commission shall vest in the

Chief Electoral Commissioner or in such other member or such

other members of the Commission, as the Commission may

establish by resolution, which resolution shall not come into force

before it is published in the Gazette.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Seventh Schedule — GENERAL ELECTIONS ACT Open official source

Substituted by

L.N.350 of 2017.

(article 46)

Form of Voting Document

GENERAL ELECTIONS

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 8 Oaths to be taken by Commissioners. — GENERAL ELECTIONS ACT Open official source

The Commissioners shall, on their appointment, take

before the State Advocate the oath of allegiance set out in the

Constitution and the oath of office set out in the First Schedule of

this Act.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Eighth Schedule — GENERAL ELECTIONS ACT Open official source

Substituted by

XV. 1996.64;

(Article 49)

XI.2019.14.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 9 Powers of commissioners. — GENERAL ELECTIONS ACT Open official source

(1) In the execution of their duties under this Act, the

Commissioners shall, in the absence of any express provision in

this Act contained, do all such things as appear to them to be

necessary for the performance of their duties.

(2)

In the execution of their duties under this Act, the

Commissioners shall have the powers conferred by law on the

Courts of Magistrates for the purpose of enforcing order at their

sittings and ensuring the respect due to them.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Schedule 8A — GENERAL ELECTIONS ACT Open official source

Added by

(Article 49)

XI.2019.15.

Rear of Ballot Paper

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 10 Party Delegates. — GENERAL ELECTIONS ACT Open official source

(1) Every political party shall have the right to nominate

two delegates (hereinafter referred to as the "party delegates") to

the Commission.

(2) Party delegates shall represent the political party

nominating them with the Commission and shall have the right in

general to be informed in writing at least once a month of all

sittings of the Commission and decisions taken thereat.

(3) The party delegates shall notwithstanding the provisions of

any other law, have full and free right of access to the Electoral

Office, to all records kept therein, to be given copies thereof in

written or electro-magnetic format, and to check, verify and obtain

any information regarding the work of the Electoral Office;

provided that the Commission shall have the right to nominate an

official of the Commission to accompany such delegates at all

times.

(4) The party delegates shall continue in office until removed

by the political party nominating them.

(5) Party delegates shall have the right to seek and obtain from

the Commissioners as well as from any other official connected

with the running, supervising or security of the elections or of any

aspect thereof, information showing whether or not such persons

are taking adequate measures to comply with the provisions of the

law in the forthcoming elections, and the Commissioners or such

other persons shall, notwithstanding any other law or regulation, be

bound to furnish such information immediately.

(6) Notwithstanding any provision in this Act granting party

deleg ates and po lit ical parties t he rig ht to seek and ob tain

information or their right to be given copies of documents and lists

by the Commission or by Government departments, such right shall

not include the right of access to medical records or to adoption

records of voters or to photographs of persons holding a legally

valid identification document and the right to be made aware prior

to the day of the poll of security features relating to ballot papers,

voting documents and the official mark used by the Commission on

ballot papers. The information, documents or lists shall be given to

the party delegates orally or in written, printed or electronic format

as the delegates may require and the Commission is technically

able to provide. Where the information, documents or lists are of a

confidential nature the party delegates shall have the same

obligations as to secrecy as the person from whom such

information, documents or lists are obtained.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Schedule Eight B — GENERAL ELECTIONS ACT Open official source

Substituted by

XV. 1996.64;

(Article 68(3))

L.N.350 of 2017.

DIRECTIONS FOR THE GUIDANCE OF THE

VOTER IN VOTING

1. Vote by placing the number 1 against the name of the candidate you

most desire to see elected.

2. You are invited (and it is advisable) to place the number 2 against the

name of your second choice, the number 3 against the name of your

third choice, and so on.

3. It is advisable to go on numbering the candidates in the order of your

preference until you are indifferent as to the candidates whom you have

not marked.

4. If you do not place the number 1 on your ballot paper or if you place the

number 1 (indicating a first preference) and some other number against

the same name, or if you place the number 1 against the name of more

than one candidate, your ballot paper will be invalid and will not be

counted.

5. Do not vote with an X.

6. If you inadvertently spoil a ballot paper you may return it to the

Chairperson, who will, if satisfied that such inadvertence is genuine

and without bad intentions, give you another ballot paper.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 11 Establishment of Electoral Office. — GENERAL ELECTIONS ACT Open official source

(1) There shall be an Electoral Office for the purpose of

effecting the registration, transfer and cancellation of voters, the

organisation required for the running of elections and all such

administrative work as may be required by the Electoral

Commission.

(2) The Electoral Office shall be staffed by persons in the

public service and whilst serving in the Electoral Office such

persons shall only be responsible to the Commission in matters

concerning the preparation for and the running of general elections.

(3) The Commission is to ensure that there is full observance of

procedures of control and security, especially with regards to

access of terminals, the introduction, use and processing of

information and in the printing of documents of identification. The

Commission is also to ensure that the Electoral Register database

includes only the details of those persons eligible to vote. The

parties are further to have the right, prior to the carrying out of any

electro-magnetic process during the electoral process, to demand

the holding of a dummy run in order to ascertain the validity of the

said electro-magnetic process.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Ninth Schedule — GENERAL ELECTIONS ACT Open official source

(Article 51)

Form of Nomination Paper

To the Election Commissioners

We, the undersigned, being voters entitled to vote at an election of

Members of the House of Representatives and being registered on

the Electoral Register for the (1) Electoral Division, do hereby

nominate (2) ........................... as a candidate for the said division

and in the interests of the (3)

I, (2) ........................... residing at ..............................................

consent to the above nomination.

Date

Signature of candidate

(or of lawful representative

as the case may be)

1. Number of division

2. Name, surname, address, and legally valid identification

document number and occupation of person nominated

3. Name of political party

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 12 Oath to be taken by staff of Electoral Office and power to administer oath. — GENERAL ELECTIONS ACT Open official source

(1) The staff of the Electoral Office shall, on their

appointment, take an oath before the Chief Electoral

Commissioner, that they will faithfully perform the duties of their

office according to law.

(2) Any one of the Commissioners and any other officer

authorised by the Commission on their behalf, may administer an

oath to any person whenever they shall deem the taking of an oath

to be necessary for the purpose of making enquiries according to

this Act.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Tenth Schedule — GENERAL ELECTIONS ACT Open official source

(Article 56)

Form of Oath to be taken by Assistant Electoral Commissioners

I, .......................... , Assistant Election Commissioner duly

appointed to superintend the taking of the poll at the election of the

Members of the House of Representatives swear/ affirm that I will

faithfully perform the duties of such office according to the

provisions of the law, and to report by letter addressed to the Clerk

of the House of Representatives any irregularity observed by me in

the conduct of the election.

I also swear/affirm to maintain secrecy regarding the vote given by

any elector which may become known to me. (So help me God.)

Date ...........................

Signature ...............................................

Legally valid identification document number

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 13 Appointment of Revising Officers. — GENERAL ELECTIONS ACT Open official source

(1) By virtue of this Act all Magistrates serving in the

Court of Magistrates (Malta) and the Court of Magistrates (Gozo)

shall be deemed to be Revising Officers.

(2) Revising Officers may hold sittings in any court or in any

L o c a l C o u n c i l o ff i c e f o r t h e p u r p o s e o f d e a l i n g w i t h a n y

a p p l i c a t i o n o r a p p e a l r e g a r d i n g t h e r e g i s t r a t i o n , t r a n s f e r,

correction, or cancellation of any voter.

(3) All such applications or appeals to a Revising Officer shall

be signed by the applicant or by any person on behalf of and

authorised by the applicant or appellant or by an advocate or legal

procurator and shall be filed in the Registry of the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo), as the case

may be.

(4) The Revising Officer shall appoint a day for the hearing of

the application or appeal and shall direct that a copy of the

application or appeal together with the day fixed for the hearing

shall be served on the applicant or appellant, on the Commission

and on any other person whom such application or appeal concerns.

(5) Service shall be effected by registered post. Where any of

t h e p e r s o n s to b e se r v e d wi t h t h e ap p l ic a t i on o r a pp e a l b y

registered post is not found, the Revising Officer shall direct that

the person shall be served by an officer of the court. Where the

person is not found by such officer of the court, the Revising

Officer shall, on the report of the officer of the court direct that the

application or appeal be posted on the notice board of the police

station and the Local Council office of the locality in which the

person concerned resides and to be published twice in all local

daily newspapers and where necessary, shall appoint another day

for the hearing.

(6) Service on all the persons concerned shall be effected at

least three days before the day fixed for the hearing of the

application or appeal.

(7) If the applicant or appellant shall fail to appear on the day

appointed for the hearing and is not represented by an advocate or

legal procurator or other person, the application or appeal shall be

considered as abandoned.

(8) In the case of an application for the removal of the name of

a person from the Electoral Register, if such person shall fail to

appear on the day appointed for the hearing and is not represented

by an advocate or legal procurator or other person, the application

may be decided in default.

(9) In the case of an application or appeal based on the grounds

of mental infirmity the Revising Officer shall, notwithstanding the

absence of the applicant or appellant or of an advocate, legal

procurator or other person representing him, refer the application or

appeal to the Medical Board for determination.

(10) In determining the application the Revising Officer shall

state the reasons for his decision and the applicant or appellant, the

Commission or the voter concerned shall have the right to appeal to

the Court of Appeal on any point of law by means of an application

filed within seven days of the delivery of the decision by the

Revising Officer.

(11) No fee shall be charged in the Registry on any application

or appeal, for the service thereof, for any other proceeding in

consequence thereof or for any decision thereon.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Eleventh Schedule — GENERAL ELECTIONS ACT Open official source

(Article 70)

Form of oath which an Assistant Commissioner may administer to a

voter

I, (1)

of (2)

do swear/affirm that I am the same person

whose name appears as A.B. in the Electoral Register and that I

have not already voted either here or elsewhere at this election for

members of the House of Representatives. (So help me God.)

Date.............. Signature or mark of voter ........................................

Sworn/Affirmed before me this .................day of ...........................

Signature of Assistant Election

Commissioner

1. Name in full

2. Address and legally valid identification document

number of voter

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 14 Appointment of Medical Board. — GENERAL ELECTIONS ACT Open official source

(1) There shall be a Medical Board to whom shall be

referred questions as to whether a person who has applied to be

registered as a voter or is already registered is disqualified from

being so registered in terms of paragraph (a) of article 58 of the

Constitution.

(2) The Medical Board shall consist of a doctor appointed by

the Commission, who shall act as chairperson, and a doctor

appointed by each of the political parties. The Medical Board shall

be deemed to be validly constituted once the chairperson or any one

of the members is appointed.

PART III

Voters

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Twelfth Schedule — GENERAL ELECTIONS ACT Open official source

(Article 118)

(Article 50, Cap. 102, vide Fourteenth Schedule)

Return of election expenses

1. Under the head of receipts there shall be shown the name and

description of every person (including the candidate), club, society

or association from whom any money, security, or equivalent of

money was received in respect of expenses incurred on account of

or in connection with or incidental to the election, and the amount

received from each person, club, society or association separately.

2. Under the head of expenditure there shall be shown

a) the personal expenses of the candidate incurred or paid

by him or his election agent;

b) the name, the rate, and total amount of the pay of each

person employed as an agent (including the election

agent), clerk or messenger;

c) the travelling expenses and any other expenses incurred

by the candidate or his election agent on account of

agents (including the election agent), clerks or

messengers;

d) the travelling expenses of persons, whether in receipt of a

salary or not, incurred in connection with the candidature

and whether paid or incurred by the candidate, his

election agent, or the person so travelling;

e) the cost whether paid or incurred, of

i) printing;

ii) advertising;

iii) stationery;

iv) postage;

v) telegrams;

vi) rooms hired either for public meetings or as

committee rooms;

f) any other miscellaneous expenses, whether paid or

incurred.

Note

All expenses incurred in connection with the candidature

whether paid by the candidate, his election agent or any other

persons, or remaining unpaid on the date of the return, are to

be set out.

For all items over fifty-eight cents (0.58) unless from the

nature of the case (e.g. postage) a receipt is not obtainable,

vouchers have to be attached.

All sums paid out, but for which no receipt is attached, are to

be set out in detail with dates of payments.

All sums unpaid are to be set out in a separate list.

FORM OF DECLARATION BY CANDIDATE

I, ................................................................................. , being a

candidate for election in the ...........................Electoral Division,

do hereby swear/affirm that the above return of election expenses is

true to the best of my knowledge and belief, and that, except the

expenses therein set out, no expenses of any nature whatsoever

have to my knowledge or belief been incurred in connection with or

for the purposes of my candidature.

Candidate

Sworn/Affirmed before me

Magistrate/Commissioner of Oaths

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 15 Qualification of voters. — GENERAL ELECTIONS ACT Open official source

Subject to the provisions of the next following article, a

person shall be entitled to be registered as a voter for the election

of Members of the House if, and shall not be entitled to be

registered unless, he has the qualifications required by article 57 of

the Constitution and provided he is not so disqualified in terms of

article 58 of the Constitution or in accordance with the provisions

of this Act.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Thirteenth Schedule — GENERAL ELECTIONS ACT Open official source

(Article 105)

The General Elections

(Sorting of Ballot Papers, Casual Elections

and Co-opting) Regulations, 1991

PART I

Preliminary

1. These regulations may be cited as the General Elections

(Sorting of Ballot Papers, Casual Elections and Co-options)

Regulations, 1991.

2. In these regulations unless the context otherwise requires

(1) The expression "continuing candidate" means

any

candidate not elected and not excluded from the poll.

(2) The expression "first preference" means the figure "1"

standing alone against the name of a candidate; the expression

"second preference" means the figure "2" standing alone against the

name of a candidate; and the expression "third preference" means

the figure "3" standing alone against the name of a candidate, and

so on.

(3) The expression "next available preference" means a second

or subsequent preference recorded in consecutive numerical order

for a continuing candidate, the preferences next in order on the

ballot paper for candidates already elected or excluded from the

poll being ignored.

(4) The expression "transferable paper" means a ballot paper

on which, following a first preference, a second or subsequent

preference is recorded in consecutive numerical order for a

continuing candidate.

(5) The expression "non-transferable paper" means a ballot

paper on which no second or subsequent preference is recorded for

a continuing candidate

Provided that a paper shall be deemed to have become a

non-transferable paper 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.

(6) The expression "original vote" in regard to any candidate

means a vote derived from a ballot paper on which a first

preference is recorded for that candidate.

(7) The expression "transferred vote" in regard to any

candidate means a vote derived from a ballot paper on which a

second or subsequent preference is recorded for that candidate.

(8) The expression "surplus" means the number of votes by

which the total number of the votes, original and transferred,

credited to any candidate, exceeds the quota.

(9) The expression "count" means

(a) all the operations involved in the counting of the first

preferences recorded for candidates; or

(b) all the operations involved in the transfer of the

surplus of an elected candidate; or

(c) all the operations involved in the transfer of the votes

of an excluded candidate or of two or more candidates

excluded together.

PART II

Sorting of votes

3. In any general election, after the stage referred to in Part

XIV of the General Elections Act, the Commission shall cause the

ballot papers to be sorted out into parcels according to their first

preference recorded for each candidate, rejecting any that are

invalid.

4. The sorting of ballot papers indicated in the previous

regulation shall be carried out in the following manner

(1) the supervisor of each counting table shall take the topmost

bundle of ballot papers form each pigeon hole and, in full view of

the candidates and agents, place the bundles on a rack to pass to the

counters;

(2) when a parcel of ballot papers has been taken from each

different pigeon hole and placed on the rack as provided in the

previous paragraph of this regulation, the supervisor shall pass to

each counter one parcel at a time in order that the ballot papers may

be sorted;

(3) the counters shall open each parcel with the ballot papers

and ascertain whether each paper is valid or invalid;

(4) if the counters decide 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 place such ballot paper in a tray marked

"dubious";

(5) if the ballot paper is considered as valid the counter shall

place the ballot paper in a tray indicating the candidate to which the

first preference has been given on that ballot paper.

5. (1) When a counter has so disposed of the parcel of ballot

papers mentioned in the previous regulation he shall be given

another parcel to sort in the same manner and so on and so forth

until all the parcels on the rack have been counted.

(2) When all the parcels on the rack have been counted the

supervisor shall take the next topmost parcel of ballot papers from

each pigeon hole repeating the sorting process mentioned in

regulation 4 and in paragraph (1) of this regulation and so on and so

forth until all ballot papers have, in phases, been removed from the

pigeon holes, put on the rack and sorted.

6. (1) Whenever the supervisor in charge of the sorting of

votes of an electoral division determines that in the tray marked as

"dubious" there are a sufficient number of ballot papers he shall

call one of the Electoral Commissioners to collect such papers.

(2) The dubious ballot papers may only be removed from the

tray by an Electoral Commissioner who shall take them to the table

of the Electoral Commission personally.

(3) The Electoral Commission, or any number of members

thereof not being less than three, shall, after hearing the

representations of the party delegates, or their substitutes decide in

respect of each paper, whether it is valid or invalid and if they

decide that it is invalid they shall so stamp the paper on its face.

(4) The decision of the Electoral Commission in this regard

shall be final and not subject to appeal.

(5) Once all the dubious ballot papers have been declared valid

or invalid by the Electoral Commission, they shall be returned to

the appropriate electoral division by an Electoral Commissioner

who shall pass them on to a supervisor of that division.

(6) The supervisor shall cause the invalid ballot papers to be

put in a tray marked Invalid and the valid ballot papers to be sorted

in accordance with the preceding regulations.

7. (1) The Commission shall then count the number of papers

in the tray of each candidate, and credit each candidate with a

number of votes equal to the number of valid papers on which a

first preference has been recorded for such candidate, and they

shall ascertain the total number of valid papers in that division.

(2) When counting the number of papers placed in the tray of

each candidate, the supervisor shall direct that such papers be

bundled in packets of fifty papers each and that each packet is

counted by at least two counters.

(3) The Electoral Commission may order that in the same

electoral division the votes of more than one candidate shall be

counted contemporaneously provided that they ensure that the

ballot papers belonging to different candidates are kept separate.

(4) At the end of the count in a particular electoral division the

Commission shall declare the total number of valid ballot papers in

that division and the total number of valid votes credited to each

candidate in that electoral division.

8. The Commission shall then divide the total number of valid

papers in each division by a number exceeding by one the number

of vacancies to be filled. The result increased by one, disregarding

any fractional remainder, shall be the number of votes sufficient to

secure the return of a candidate. This number is herein called the

"quota".

9. If at the end of any count the number of votes credited to a

candidate is equal to or greater than the quota, that candidate shall

thereupon be elected.

10. (1) If at the end of any count the number of votes credited

to a candidate is greater than the quota, the surplus shall be

transferred, as in this regulation provided, to the continuing

candidates for whom the next available preferences have been

recorded on the ballot papers in the parcel or sub-parcel received

by the elected candidate at that count.

(2) A surplus which arises from any count shall be transferred

before a surplus which may arise from a subsequent count.

(3) If more than one candidate has a surplus arising from the

same count, the largest surplus shall first be dealt with.

(4) If two or more candidates have each an equal surplus

arising from the same count, the surplus of the candidate with the

greatest number of votes at the first count at which the candidates

in question had an unequal number of votes shall first be dealt with.

Where the number of votes credited to such candidates were equal

at all counts the Commission shall determine by lot which surplus

they will first deal with.

(5)

(a) If the votes credited to an elected candidate consist of

original votes only, the Commission shall examine all

the papers in the parcel of the elected candidate whose

surplus is to be transferred.

(b) If the votes credited to an elected candidate consist of

original and transferred votes, or of transferred votes

only, the Commission shall examine the papers

contained in the last sub-parcel last received by the

elected candidate whose surplus is to be transferred.

(c) In either case the Commission shall sort the

transferable papers into sub-parcels according to the

next available preference recorded thereon, shall make

a separate sub-parcel of the non-transferable papers

and shall ascertain the number of papers in each sub-

parcel of transferable papers and in the sub-parcel of

non-transferable papers.

(6) If the total number of papers in the sub-parcels of

transferable papers is not greater than the surplus, the Commission

shall transfer the whole of each sub-parcel of transferable papers to

the continuing candidate indicated thereon as the voter ’s next

available preference, and shall set aside as a separate parcel so

many of the non-transferable papers as are not required for the

quota of the elected candidate. The particular papers set aside shall

be those last filed in the sub-parcel of non-transferable papers.

(7)

(a) If the total number of transferable papers is greater than

the surplus, the Commission shall transfer from each

sub-parcel of transferable papers to the continuing

candidate indicated thereon as the voters’ next

available preference the number of papers which bears

the same proportion to the number of papers in the sub-

parcel as the surplus bears to the total number of

transferable papers.

(b) The number of papers to be transferred from each sub-

parcel shall be ascertained by multiplying the number

of papers in the sub-parcel by the surplus and dividing

the result by the total number of transferable papers. A

note shall be made of the decimal parts (to four

significant places), if any, of each number so

ascertained.

(c) If, owing to the existence of such decimal parts (to

four significant places), the number of papers to be

transferred is less than the surplus, so many of these

decimal parts (to four significant places) taken in the

order of their magnitude, beginning with the largest as

are necessary to make the total number of papers to be

transferred equal to the surplus, shall be reckoned as of

the value of unity, and the remaining decimal parts (to

four significant places) shall be ignored.

(d) If two or more decimal parts (to four significant

places) are of equal magnitude, those decimal parts (to

four significant places) shall be deemed to be the

largest which arise from the largest sub-parcels and if

the sub-parcels in question are equal in size, the

decimal parts (to four significant places) credited to

the candidate with the greatest number of votes at the

first count at which the candidates in question had an

unequal number of votes shall be deemed to be the

largest. Where the numbers of votes credited to such

candidates were equal at all counts the Commission

shall determine by lot which decimal parts (to four

significant places) shall be deemed to be the largest.

(e) The particular papers transferred from each sub-parcel

shall be those last filed in the sub-parcel, and each

paper so transferred shall be marked with the number

of the count at which the transfer took place.

11. (1) If at the end of any count no candidate has a surplus

and one or more vacancies remain unfilled, the Commission shall

exclude from the poll the candidate credited with the lowest

number of votes; shall examine all the papers of that candidate;

shall sort the transferable papers into sub-parcels according to the

next available preferences recorded thereon for continuing

candidates; shall transfer each sub-parcel to the candidate for

whom that preference is recorded; and shall make a separate sub-

parcel of the non-transferable papers.

(2)

If the total of the votes of the two or more candidates

lowest on the poll is less than the number of the votes credited to

the next highest candidate the Commission may at the same count

exclude those candidates from the poll and transfer their votes as in

this regulation provided.

(3) If, when a candidate has to be excluded, two or more

candidates have each the same number of votes and are lowest on

the poll, the candidate with the lowest number of votes at the first

count at which the candidates in question had an unequal number of

votes shall be excluded, and, where the numbers of votes credited

to those candidates were equal at all counts, the Commission shall

decide by lot which shall be excluded.

12. Notwithstanding anything in these regulations contained

(1) If at the end of any count the number of elected candidates

is equal to the number of vacancies to be filled, no further transfer

of votes shall be made.

(2) If on the exclusion of a candidate or candidates the number

of the then continuing candidates is equal to the number of

vacancies to be filled, the continuing candidates shall thereupon be

elected and no further transfer of votes shall be made.

13. (1) Whenever any transfer is made each sub-parcel of

papers transferred shall be placed on the top of the parcel, if any, of

papers of the candidate to whom the transfer is made, and that

candidate shall be credited with a number of votes equal to the

number of papers transferred to him.

(2) Non-transferable papers, except such as in the transfer of a

surplus may be required for the quota of the elected candidate, shall

be set aside as a separate parcel together with any parcel of non-

transferable papers already set aside.

(3) On the transfer of the surplus of an elected candidate, all

papers not transferred to continuing candidates and not set aside as

provided in the preceding paragraph shall be placed together in one

parcel as the quota of the elected candidate and the parcel shall be

marked with the name of the elected candidate.

14. Any candidate or agent may, at the end of any count,

request the Commission to re-examine and re-count all or any of

the papers dealt with during that count, and the Commission shall

forthwith re-examine and re-count accordingly the papers indicated

without making any alterations in the arrangements of the papers in

the various parcels save where such alteration may be necessary in

consequence of any error discovered in the re-count; the

Commission may also at their discretion re-count papers either

once or more often in any case in which they are not satisfied as to

the accuracy of any previous count; provided that nothing herein

shall make it obligatory on the Commission to recount the same

papers more than once.

15. (1) Upon an election petition the court may direct the

whole or any part of the ballot papers to be re-counted, and the

result of the election to be ascertained in accordance with these

regulations.

(2) On any re-count, subject to such modifications as may be

necessary by reason of any order of the court, each paper originally

declared valid shall, whenever any transfer of votes takes place,

follow the same course as at the original counting of the votes.

16. (1) If any question shall arise in relation to any transfer of

votes, the decision of the Commission whether expressed or

implied by their acts, shall be final unless an objection is made in

writing by any candidate or agent before the declaration of the poll,

and in that event the decision of the Commission may be reversed

upon an election petition.

(2) If any decision of the Commission is so reversed, the

transfer in question and all operations subsequent thereto shall be

void and the court shall direct what transfer is to be made in place

of t he t ra nsfer i n qu est io n, and s hal l cau se th e su bse qu ent

operations to be carried out and the result of the election to be

ascertained in accordance with these regulations.

17. The declaration of the result of the poll shall include a

record of any transfer of votes made under these regulations, and of

the total number of votes credited to each candidate after any such

transfer, and shall be in the form shown in the Schedule to these

regulations, or in a form to the like effect.

PART III

Casual Vacancies

18. In the event of a seat becoming vacant the Commission

shall, within five working days from the date of the receipt of the

President’s Writ, give notice, to be published in the Gazette, of an

election to fill the seat vacated.

19. Within five working days after the publication of such

notice any person who

(a) at the general election held immediately prior to the

occurrence of the said vacancy was a candidate

nominated for election as a Member of the House for

the electoral division in respect of which the vacancy

has arisen, and did not withdraw from the election and

was not elected, and

(b) is still qualified to be so elected

may with his consent, be nominated as a candidate for the said

vacancy.

20. Within three working days after the last day fixed for the

receipt of nominations, the Commission shall decide on the validity

of the nominations, and shall publish in the authorised form, the

names, and description of the persons validly nominated, and the

electoral division the seat whereof is to be filled.

21. If there are any valid nominations, the Commission shall,

within four working days, proceed to examine the ballot papers in

the sealed parcel of the vacating member and the following

provisions shall apply

(1) All candidates for the electoral division at the general

election shall be deemed to be candidates excluded from the poll

except those who have been validly nominated for the vacant seat.

(2) The papers preserved under seal in accordance with the

General Elections Act in the parcel of the vacating Member shall be

examined and transferred to the validly nominated candidates first

available in order of preference shown upon such papers, and each

validly nominated candidate shall be credited with one vote in

respect of each paper transferred.

(3) In any case where there is only one validly nominated

candidate, if such candidate is credited with votes in number equal

to or exceeding half the number of papers in the parcel of the

vacating Member, he shall be declared elected.

(4) In any case where there are two or more validly nominated

candidates, the Commission shall exclude from the poll the

candidate credited with the lowest number of votes and shall

transfer his votes according to the next available preferences shown

upon the ballot papers for the continuing candidate or candidates.

The process of excluding the candidate lowest in the poll and of

transferring his votes according to the next available preferences

shall be continued until there is only one candidate remaining. If

such candidate shall have then been credited with votes in number

equal to or exceeding half the number of papers in the parcel of the

vacating Member, that candidate shall be declared elected

Provided that if at any time any candidates shall have been

credited with votes exceeding the combined total of votes of all

other candidates, and at the same time equal to or exceeding half

the number of papers in the parcel of the vacating Member, he shall

be declared elected without further transfer.

22. (1) If a vacancy occurs in a seat which has been filled in

accordance with this Part of these Regulations, or in accordance

with sub-article (1) of article 54 of the General Elections Act, or if

on a vacancy occurring no candidate is validly nominated, or if

after examination of the ballot papers of the vacating Member no

candidate secures election, the vacancy shall be filled by co-option,

by the Members of the House of a person duly qualified for

membership of the House.

(2) In filling a vacancy by co-option, regard shall be had to the

representation as nearly as may be of the interests and opinions

represented and held by the vacating Member.

PART IV

Article 52 of the Constitution

23. 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 Commission shall

(1) establish the total valid votes credited at first count to

each of the parties that has elected members to the

House of Representatives;

(2) establish the number of members elected to the House

of Representatives by each of the parties;

(3) for the purpose of sub-paragraph (i) of the first proviso

to sub-article (1) of article 52 of the Constitution,

when there is more than one party that has obtained

less than fifty per centum of all the valid votes cast at

first count at that election (hereinafter referred to as

the "minority party") the Electoral Commission shall

add together the totals of sub-regulations (1) and (2) of

this regulation for all the minority parties so that, for

the purposes of that sub-paragraph, there is effectively

one minority party;

(4) for each party, divide the number arrived at in

pursuance of sub-paragraph (1) by the number arrived

at in pursuance of subparagraph (2) obtaining the

average vote per seat for each party, disregarding any

remainders;

(5) adopting the lowest average vote per seat obtained in

terms of sub-paragraph (4) as the benchmark,

hereinafter referred to as the "low average", divide the

number of first count votes credited to the party with a

higher average, hereinafter referred to as the

"disadvantaged party" by the low average to obtain the

total number of members of the House of

Representatives that should be credited to the

disadvantaged party;

(6) the result obtained by subtracting the number of

members elected to the House of Representatives by

the disadvantaged party from the number of total

members obtained by that party at sub-paragraph (5)

above shall be the additional number of members of

the House of Representatives that are to be declared

elected in terms of the Constitution;

(7) the total composition of the House of Representatives

shall be such number of seats as is established in sub-

paragraph (6) of this paragraph provided that if the

total number of seats includes a remainder that

remainder shall be eliminated by increasing or

decreasing the number of seats to the nearest odd

number.

Annex to the Thirteenth Schedule

Art. 52 of the Constitution

Regulation 23 of the General Elections (Sorting of Ballot Papers,

Casual Elections and Co-Opting) Regulations 1991

Examples for calculating additional Members of Parliament

in terms of article 52 of the Constitution

1. Examples in terms of sub-paragraph (i) of the first

proviso to sub-article (1) of article 52 of the Constitution

Example A - when only two parties elect members and the

party with an absolute majority of votes elects a minority of

members

Party A is credited with 150,000 valid first count votes and elects

30 members

Party B is credited with 140,000 valid first count votes and elects

35 members

Party C is credited with 5,000 valid first count votes and elects

no members

1. Once all counts have been terminated in terms of these

regulations and all 65 members have been declared elected, the

Electoral Commission establishes that Party A has more than 50%

of all valid first count votes (150,000 versus 145,000) BUT has a

minority of elected members (30 versus 35 of Party B);

2. Since Party C has not elected candidates, the first count

votes credited to its candidates are eliminated from all subsequent

calculations;

3. Party A has a right to increase the number of its candidates

to be declared elected so that, in percentage terms, the same

proportion used for Party B when electing its own members is also

used for Party A;

4. To establish that proportion, the Commission proceeds to

determine the average number of votes used by each of the parties

to elect each of its candidates and it does so by dividing the total

number of votes credited at first count to all the candidates of each

party that has elected candidates, by the number of candidates

d e c l a r e d e l e c t e d o n b e h a l f o f t h a t p a r t y, d i s r e g a r d i n g a n y

remainders, so in this example

• Party A

-

150,000/30 = 5,000

• Party B

-

140,000/35 = 4,000

5. The Commission adopts the lowest number so obtained

(4000) as the average votes per seat to be applied for determining

the final number of elected candidates to be credited to Party A and

arrives at the total number by dividing the total first count votes

credited to all its candidates (150,000) by the resultant lowest

average votes per seat (4000), which result will represent the total

number of candidates that are to be elected by the Party A

• Party A

-

150,000/4000 = 37.5

6. From the result so obtained, representing the total number

of candidates that are to be declared elected for Party A (37.5), the

Commission deducts the number of candidates of that Party already

declared elected (30) and the result thereof (7.5) represents the

additional number of members that are to be declared elected on

behalf of Party A

7. The total number of seats credited to Party A (37.5 seats)

plus the total number of seats credited to Party B (35 seats) gives a

total of 72.5 seats and since the total number of seats according to

the Constitution has to be odd the total number of seats becomes 73

which is the nearest odd number to the total seats (72.5 seats) and

the last seat assigned to the Party with the highest remainder, which

in this case is Party A (Party A = 37.5 seats, Party B = 35 seats).

8. The final result would therefore be: Party A 38 seats and

Party B 35 for a House of Representatives with 73 seats

Example B - when only two parties elect members and the

party with an absolute majority of votes elects an absolute

majority of members which is not proportionate to the share of

the votes obtained by that party

Party A is credited with 160,000 valid first count votes and elects

33 members

Party B is credited with 140,000 valid first count votes and elects

32 members

Party C is credited with 5,000 valid first count votes and elects

no members

1. Once all counts have been terminated in terms of these

regulations and all 65 members have been declared elected, the

Electoral Commission establishes that Party A has more than 50%

of all valid first count votes (160,000 versus 145,000);

2. Since Party C has not elected candidates, the first count

votes credited to its candidates are eliminated from all subsequent

calculations;

3. Party A has a right to increase the number of its candidates

to be declared elected so that, in percentage terms, the same

proportion used for Party B when electing its own members is also

used for Party A;

4. To establish that proportion, the Commission proceeds to

determine the average number of votes used by each of the parties

to elect each of its candidates and it does so by dividing the total

number of votes credited at first count to all the candidates of each

party that has elected candidates, by the number of candidates

d e c l a r e d e l e c t e d o n b e h a l f o f t h a t p a r t y, d i s r e g a r d i n g a n y

remainders, so in this example

• Party A

-

160,000/33 = 4,848

• Party B

-

140,000/32 = 4,375

5. The Commission adopts the lowest number so obtained

(4375) as the average votes per seat to be applied for determining

the final number of elected candidates to be credited to Party A and

arrives at the total number by dividing the total first count votes

credited to all its candidates (160,000) by the resultant lowest

average votes per seat (4375), which result will represent the total

number of candidates that are to be elected by the Party A

• Party A

-

160,000/4375 = 36.57

6. From the result so obtained, representing the total number

of candidates that are to be declared elected for Party A (36.57), the

Commission deducts the number of candidates of that Party already

declared elected (33) and the result thereof (4.75) represents the

additional number of members that are to be declared elected on

behalf of Party A.

7. The total number of seats credited to Party A (36.57 seats)

plus the total number of seats credited to Party B (32 seats) gives a

total of 68.57 seats and since the total number of seats according to

the Constitution has to be odd the total number of seats becomes 69

which is the nearest odd number to the total seats (68.57 seats) and

the last seat assigned to the Party with the highest remainder, which

in this case is Party A (Party A = 36.57 seats, Party B = 32 seats).

8. The final result would therefore be: Party A 37 seats and

Party B 32 for a House of Representatives with 69 seats.

Example C - when three (or more) parties elect members

Party A is credited with 150,000 valid first count votes and elects

29 members

Party B is credited with 140,000 valid first count votes and elects

35 members

Party C is credited with 5,000 valid first count votes and elects 1

member

1. Once all counts have been terminated in terms of these

regulations and all 65 members have been declared elected, the

Electoral Commission establishes that Party A has more than 50%

of all valid first count votes (150,000 versus 140,000) BUT has a

minority of elected members (29 versus 36 of Party B + Party C);

2. Party A has a right to increase the number of its candidates

to be declared elected and, in doing so, the same proportion of

votes used to elect members is to be used for all parties;

3. Since there are more than one minority parties, the

Commission adds together the total first count votes of both

minority parties (140,000 + 5,000 = 145,000) as well as the seats

obtained by both of them (35 + 1 = 36) and considers them as one

minority party.

4. To establish the proportion provided for in subregulation 2,

the Commission proceeds to determine the average number of votes

used by each of the parties to elect each of its candidates and it

does so by dividing the total number of votes credited at first count

to all the candidates of each party that has elected candidates, by

the number of candidates declared elected on behalf of that party,

disregarding any remainders, so in this example

• Party A

-

150,000/29 = 5172

• Party B + C - 145,000/36 = 4027

5. The Commission adopts the lowest number so obtained

(4027) as the average votes per seat to be applied to determine the

final number of elected candidates to be credited to Party A and

arrives at the total number by dividing the total first count votes

credited to all the candidates of Party A (150,000) by the resultant

lowest average votes per seat (4027), which result will represent

the total number of candidates that are to be elected by the Party A

• Party A

-

150,000/4027 = 37.2

6. From the result so obtained, representing the total number

of candidates that are to be declared elected for Party A (37.2), the

Commission deducts the number of candidates of Party A already

declared elected (29) and the result thereof (8.2) represents the

additional number of members that are to be declared elected on

behalf of Party A.

7. The total number of seats credited to Party A (37.2) seats

plus the total number of seats credited to Party B (35) and those

credited to Party C (1) gives a total of 73.2 seats and since the total

number of seats has, according to the Constitution, to be odd the

total number of seats is reduced to 73 which is the nearest odd

number to the total seats (73.2 seats).

8. The final result would therefore be: Party A 37 seats, Party

B 35 and Party C 1 seat for a House of Representatives with 73

seats

Example D - When three or more parties elect members and

the party with an absolute majority of votes elects an absolute

majority of members which is not proportionate to the share of

the votes obtained by that party

Party A is credited with 160,000 valid first count votes and elects

33 members

Party B is credited with 140,000 valid first count votes and elects

31 members

Party C is credited with 5,000 valid first count votes and elects 1

member

1. Once all counts have been terminated in terms of these

regulations and all 65 members have been declared elected, the

Electoral Commission establishes that Party A has more than 50%

of all valid first count votes (160,000 versus 145,000);

2. Party A has a right to increase the number of its candidates

to be declared elected and, in doing so, the same proportion of

votes used to elect members is to be used for all parties;

3. Since there are more than one minority parties, the

Commission adds together the total first count votes of both

minority parties (140,000 + 5,000 = 145,000) as well as the seats

obtained by both of them (31 + 1 = 32) and considers them as one

minority party.

4. To establish the proportion provided for in subregulation 2,

the Commission proceeds to determine the average number of votes

used by each of the parties to elect each of its candidates and it

does so by dividing the total number of votes credited at first count

to all the candidates of each party that has elected candidates, by

the number of candidates declared elected on behalf of that party,

disregarding any remainders, so in this example

• Party A

-

160,000/33 = 4848

• Party B + C -

145,000/32 = 4531

5. The Commission adopts the lowest number so obtained

(4531) as the average votes per seat to be applied to determine the

final number of elected candidates to be credited to Party A and

arrives at the total number by dividing the total first count votes

credited to all the candidates of Party A (160,000) by the resultant

lowest average votes per seat (4531), which result will represent

the total number of candidates that are to be elected by Party A

• Party A

-

160,000/4531 = 35.31

6. From the result so obtained, representing the total number

of candidates that are to be declared elected for Party A (35.3), the

Commission deducts the number of candidates of Party A already

declared elected (33) and the result thereof (2.3) represents the

additional number of members that are to be declared elected on

behalf of Party A.

7. The total number of seats credited to Party A (35.31) seats

plus the total number of seats credited to Party B (31) and those

credited to Party C (1) gives a total of 67.31 seats and Constitution,

to be odd the total number of seats is reduced to 67 which is the

nearest odd number to the total seats (67.31seats).

8. The final result would therefore be: Party A 35 seats, Party

B 31 and Party C 1 seat for a House of Representatives with 67

seats

2. Example in terms of sub-paragraph (ii) of the first

proviso to sub-article (1) of article 52 of the Constitution

Example 1A above will apply but the votes of Party C at first

count would be taken at 15,000 and it would still not elect any

candidate.

3. Example in terms of sub-paragraph (i) of the second

proviso to sub-article (1) of article 52 of the Constitution

Party A is credited with 150,000 valid first count votes and elects

35 members

Party B is credited with 140,000 valid first count votes and elects

30 members

Party C is credited with 5,000 valid first count votes and elects

no members

1. Once all counts have been terminated in terms of these

regulations and all 65 members have been declared elected, the

Electoral Commission establishes that Party A has more than 50%

of all valid first count votes (150,000 versus 145,000);

2. Since Party C has not elected candidates, the first count

votes credited to its candidates are eliminated from all consequent

calculations;

3. The Commission proceeds to establish whether Party B has

a disproportionately lower share of seats by establishing the

average number of votes used by each of the parties to elect each of

its candidates and it does so by dividing the total number of votes

credited at first count to all the candidates of each party that has

elected candidates, by the number of candidates declared elected on

behalf of that party, disregarding any remainders, so that in this

example

• Party A

-

150,000/35 = 4,285

• Party B

-

140,000/30 = 4,666

4. Party B has a right to increase the number of its candidates

to be declared elected so that, in percentage terms, the same

proportion is used for Party B when electing its own members as is

also used for Party A;

5. The Commission adopts the lowest number so obtained

(4285) as the average votes per seat to be applied for determining

the final number of elected candidates to be credited to Party B and

arrives at the total number by dividing the total first count votes

credited to all its candidates (140,000) by the resultant lowest

average votes per seat (4285), which result will represent the total

number of candidates that are to be elected by the Party A

• Party A

-

140,000/4285 = 32.6

6. From the result so obtained, representing the total number

of candidates that are to be declared elected for Party B (32.6), the

Commission deducts the number of its candidates already declared

elected (30) and the result thereof (2.6) represents the additional

number of members that are to be declared elected on behalf of

Party B.

7. The total number of seats credited to Party A (35) seats

plus the total number of seats credited to Party B (32.6) gives a

total of 67.6 seats and since the total number of seats has, according

to the Constitution, to be odd the total number of seats is reduced to

67 which is the nearest odd number to the total seats (67.6).

8. The final result would therefore be: Party A 35 seats and

Party B 32 for a House of Representatives with 67 seats.

4. Example in terms of sub-paragraph (ii) of the second

proviso to sub-article (1) of article 52 of the Constitution

Example 3 above will apply but the votes of Party C at first count

would be taken at 15,000 and it would still not elect any candidate.

24. For the purpose of electing the additional members, if any,

required in terms of article 52A of the Constitution, the Commission

shall

(a)

establish the number of members elected to the

House by sex and determine the under- represented sex as the sex

with the lowest number of members elected to the House;

(b)

establish the percentage of seats attained by the

under-represented sex based on the number of elected members

of the under-represented sex elected to the House as a proportion

of the number of elected members to the House by dividing the

number of elected members of the under-represented sex with the

number of elected members multiplied by hundred; and

(c)

in the event that the percentage of the under-

represented sex is below forty percent (40%), the Commission

shall assign up to a maximum of twelve (12) additional seats by

applying the following equation

A = total number of seats attained by the under-

represented sex;

B = total number of members elected to the House;

= additional seats created in terms of article 52A of

the Constitution;

0.40 = the denominator that represents the total

number of seats, including the additional seats created

in terms of article 52A of the Constitution.

Subject to the provisions of article 52(1) of the Constitution, the

number of additional seats resulting from the application of the equation

shall be rounded down to the nearest even integer to ensure that the

additional seats allocated to the under-represented sex in terms of article

52A of the Constitution shall be an even integer and the elected

members of the under-represented sex elected to the House shall not

exceed forty percent (40%).

Annex to the Thirteenth Schedule

Art. 52A of the Constitution

Regulation 23A of the General Elections (Sorting of Ballot Papers,

Casual Elections, and Co-Opting) Regulations 1991

Examples for calculating additional seats in terms of article 52A of

the Constitution

Examples in terms of sub-article (1) of article 52A of the

Constitution

Example A

The total number of seats attained by the under-represented sex is

nine (9) from a total of sixty-seven (67) seats in the House.

The proportion of seats assigned to the under-represented sex is

thirteen point forty-three per cent (13.43%). This percentage is below

the forty per cent (40%) threshold and so the provisions of article 52A

of the Constitution shall apply.

To establish the number of additional seats to be assigned to the

under-represented sex, the Commission shall apply the following

equation

9 + x = 0.40 (67 + x)

9 + x = 26.8 + 0.40x

x – 0.4x = 26.8 – 9

0.6x = 17.8

x = 29.67

The figure of 29.67 shall be rounded down to the nearest even

integer 28, to ensure that the total number of seats does not exceed

forty per cent (40%). However, given that the maximum number of

additional seats which can be assigned is 12, the 28 are to be reduced

to 12.

Example B

The Total number of seats attained by the under-represented sex is

twenty-three (23) from a total of sixty-nine (69) seats in the House.

The proportion of seats assigned to the under-represented sex is

thirty-three point thirty-three per cent (33.33%). This percentage is

below the 40% threshold and so the provisions of article 52A of the

Constitution shall apply.

To establish the number of additional seats to be assigned to the

under-represented sex, the Commission shall apply the following

equation

23 + x = 0.40 (69+x)

23 + x = 27.6 + 0.40x

x – 0.4x = 27.6 – 23

0.6x = 4.6

x = 7.67.

The figure of 7.67 shall be rounded down to the nearest even

integer, hence adjusted to six (6) additional seats.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 16 Right to vote at elections. — GENERAL ELECTIONS ACT Open official source

(1) Subject to the following provisions of this Act every

person registered as a voter in an electoral division shall, while so

registered, be entitled to vote at the election of Members of the

House for that division.

(2) No person shall vote at the election of Members of the

H ou s e in a ny d iv i s io n ot h e r t ha n a d i vi s io n i n wh ic h he i s

registered as a voter.

(3) Any person who contravenes the provisions of sub-article

(2) shall be guilty of an offence and shall on conviction be liable to

the penalties established for offences against article 112.

PART IV

Electoral Divisions and Method of Election

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Schedule — GENERAL ELECTIONS ACT Open official source

Declaration of Result of Poll

Name of Electoral Division

Election of Members of the House of Representatives for the above

Electoral Division in the year

We the undersigned, being the Electoral Commissioners at the poll

for the election of Members of the House of Representatives for the

said Electoral Division held on the day of ................. of the year

................., do hereby give notice that the result of the Poll and of

the transfer of votes is as follows

Number of valid votes ...........................................................

Number of members to be elected ..........................................

Quota (number of votes sufficient

to secure election of a candidate) ...........................................

And we do hereby declare the said ....................... duly elected

Members of the House of Representatives for the said Electoral

Division.

Dated this ............day of ....................of the year..........

Electoral Commissioners

EXAMPLE OF THE METHOD OF COUNTING THE BALLOT

PAPERS AT AN ELECTION CONDUCTED ON THE

PROPORTIONAL REPRESENTATION SYSTEM OF THE

SINGLE TRANSFERABLE VOTE

(See Part I of Regulations)

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.

FIRST COUNT

The ballot papers having been mixed and examined, the invalid

papers being excluded, and the valid papers sorted into separate

parcels under the names of the candidates marked with the figure 1,

each separate parcel is counted, and each candidate is credited with

a number of votes equal to the number of the papers on which a

first preference has been recorded for him.

The results of the count may be supposed to be as follows

Votes

B ...............................................................................

F ................................................................................

H ...............................................................................

C ...............................................................................

L ...............................................................................

G ...............................................................................

I ................................................................................

D ...............................................................................

A ...............................................................................

E ...............................................................................

K ...............................................................................

-

Total ................

THE QUOTA

It is found that the total of all the valid ballot papers 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 l, neglecting the fraction) is the "quota", or the

number of votes sufficient to elect a member.

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 papers are examined and arranged in separate sub-

parcels according to the next available preferences indicated

thereon.

In general the next available preference will be the second

preference. But any paper on which the second preference is given

to either F or H, both already elected, passes to the next available

preference after such candidates. A paper marked with 1 for B, 2

for H, 3 for F, 4 for I, is placed in the sub-parcel for I.

A separate sub-parcel is also formed of those papers 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 papers

A next available preference is shown for E on .............. 2 papers

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

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

Total of transferable papers ........................... 136 papers

Total of non-transferable papers ....................... 4

"

Total of B’s papers......................................... 140

Since the total number of transferable papers (136) exceeds the

surplus (90), only a portion of each sub-parcel can be transferred,

and the number of papers to be transferred from each sub-parcel

must bear the same proportion to the total number of papers in the

sub-parcels as that which the surplus bears to the total number of

transferable papers.

In other words, the number of papers to be transferred from each

sub-parcel is ascertained by multiplying the number of papers in

the sub-parcel by 90 (the surplus), and dividing the result by 136

(the total number of transferable papers) giving 0.6617647.

The process is as follows

D ’s s u b - p a r c e l c o n t a i n s 8 0

papers, and his share of the surplus

is therefore .................................... 80 x 0.6617647 or 52.9412

E’s sub-parcel contains 2 papers,

and his share of the surplus is

therefore........................................ 2 x 0.6617647 or 1.3235

I ’s s u b - p a r c e l c o n t a i n s 2 5

papers, and his share of the surplus

is therefore .................................... 25 x 0.6617647 or 16.5441

K ’s s u b - p a r c e l c o n t a i n s 2 9

papers, and his share of the surplus

is therefore .................................... 29 x 0.6617647 or 19.1912

Total .....................................................

The numbers of papers to be transferred as determined by the

preceding process contain decimal parts, and since only whole

papers 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 papers 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 papers actually transferred are as follows

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

53 papers

To E .....................................................................

1 paper

To I ......................................................................

17 papers

To K .....................................................................

19 papers

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

90 papers

The particular papers to be transferred to D, E, I and K are those

last filed in their respective sub-parcels, and, therefore at the top of

the sub-parcels. The papers transferred are marked with the number

of the count at which the transfer is made.

These papers are added in separate sub-parcels to the parcels of

D, E, I and K. (Note: K had no parcel of original votes).

The totals of the votes credited to these candidates then become

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

E ............................. 4 + 1 = 5

I .............................. 12+17 = 29

K ............................ 0+19 = 19

The remainders of the papers in the sub-parcels (i.e. those papers

not transferred), together with the papers on which no further

available preferences were marked are collected together and

formed into one parcel, representing B’s quota of votes (50).

The parcel is made up as follows

The remainder of D’s sub-parcel, 80 less 53 = 27

The remainder of E’s sub-parcel, 2 less 1 = 1

The remainder of I’s sub-parcel, 25 less 17 = 8

The remainder of K’s sub-parcel, 29 less 19 = 10

Non-transferable papers ...............................

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

The operations involved in this transfer are summarised in the

following table

COUNT No.2

Notes for Electoral Commissioners

* It will be found convenient to begin filling in the transfer sheet

by inserting the totals in the spaces marked with an asterisk. These

totals are known before the count is commenced.

† When transferring a surplus all the non-transferable papers are

usually retained as part of the quota, but when the number of

transferable papers is less than the surplus, the difference should

be inserted in the space marked with a dagger, and a corresponding

number of non-transferable papers should be transferred to the non-

transferable box. These papers should be taken from the top of the

parcel of non-transferable papers and the number taken should be

shown on the Result Sheet on the line provided for non-transferable

papers.

The state of the poll on the conclusion of the count is as follows

Votes

B .............................................. 50 (elected)

F .............................................. 62 (elected)

H .............................................. 50 (elected)

D .............................................. 63 (elected)

I ............................................... 29

C .............................................. 25

L .............................................. 24

K .............................................. 19

G .............................................. 14

A ............................................... 7

E ................................................5

Total ...................................... 348

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 papers in exactly the same

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

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

The papers forming F’s quota are placed together in one parcel,

which is marked with F’s name.

The papers forming the quota of H (who obtained an exact quota

at the first count) are likewise placed together in one parcel, which

is marked with H’s name.

FOURTH COUNT

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

the sub-parcel last transferred, containing 53 papers, is considered.

These are examined and sorted into sub-parcels, according to the

next available preferences, with the following result

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

A next available preference is shown for K on ............. 10 papers

Total of transferable papers ........................................ 52 papers

No further preference is shown on ................................ 1 paper

Total ........................ 53

The number of papers to be transferred from each sub-parcel is

ascertained by multiplying the number of papers in the sub-parcel

by 13 (the surplus) and dividing the result by 52 (the total number

of transferable papers); therefore

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

K’s share of the surplus is.................................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 number of votes transferred and retained are in accordance

with the simplified transfer sheet following

COUNT No. 4

TRANSFER OF "D’s" SURPLUS

Surplus .................................................................

Number of transferable papers ..............................

Proportion to be transferred =

Surplus

=

= 0.25

Number of transferable papers

Sub-parcels of 11 papers and 2 papers marked with the number of

the count at which the transfer took place are added to parcels of I

and K respectively, and the remainders (31 and 8) together with the

1 non-transferable paper and the 10 papers received by D on the

first count, making 50 papers altogether, are formed into one

parcel, making D’s quota of votes.

The state of the poll on the conclusion of the count is as follows

Votes

B .............................................. 50 (elected)

F .............................................. 50 (elected)

H .............................................. 50 (elected)

D .............................................. 50 (elected)

I ............................................... 40

L .............................................. 33

C .............................................. 27

K .............................................. 21

G ...............................................14

A ................................................ 8

E .................................................5

Total ...................................... 348

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, but since the combined totals of E and A

(5+8=13) are less than 14, the total of G, the next highest candidate,

the Electoral Commissioner transfers the papers of both E and A at

the same count.

The papers in the parcels of E and A (total 13) are examined, and

is found that

C is marked next available preference on ... ... ... ... ... 1 paper

G is marked next available preference on ... ... ... ... ... .. 7 papers

I is marked next available preference on ... ... ... ... ... ... 4 papers

Non- transferable papers ... ... ... ... ... ... ... ... 1 paper

Total ... ... ... ... ... .. 13 papers

The operation is completed by the transfer of 1 paper to C, 7

papers to G, 4 papers to I, and the 1 non-transferable paper is set

aside as a separate parcel.

The state of the poll is now as follows

Votes

B .............................................. 50 (elected)

F ... .......................................... 50 (elected)

H .............................................. 50 (elected)

D .............................................. 50 (elected)

I ............................................... 44

L .............................................. 33

C .............................................. 28

G .............................................. 21

K ...............................................21

Non-transferable paper ............... 1

Total ...................................... 348

SIXTH COUNT

No candidate is elected as the result of the fifth 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

papers are distributed, as he obtained fewer votes than G in the first

count. From the distribution of K’s papers (21), 3 papers 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 state of the poll is now as follows

Votes

B .............................................. 50 (elected)

F ... .......................................... 50 (elected)

H ..............................................50 (elected)

D ............................................. 50 (elected)

I ...............................................59 (elected)

L ............................................. 34

C ............................................. 31

G ............................................. 21

Non-transferable papers.............. 3

Total ...................................... 348

SEVENTH COUNT

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

For this purpose only the sub-parcel of papers last transferred to

I (15 papers) is taken into account.

These are examined and arranged in sub-parcels for the

continuing candidates, with the following result

C is next available preference on ... ... ... 4 papers

L is next available preference on ... ... ... 3 papers

Total transferable papers .... ... ...7

Non-transferable papers ... ... ... 8

Total ... ... 15

In this case the total number of transferable papers (7) is less

than the surplus (9), therefore the Electoral Commissioner transfers

the whole sub-parcels of transferable papers 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

papers. The sub-parcel of non-transferable papers is therefore

divided into two portions, one containing 2 papers (which form part

of the surplus) the other containing 6 papers (which are required for

I’s quota). The portion of 2 papers is set aside as a separate parcel

with the other parcels of non-transferable papers, and the portion of

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

The number of votes transferred and retained are in accordance

with the transfer sheet following

COUNT No. 7

Notes for Electoral Commissioners

* It will be found convenient to begin filling in the transfer sheet

by inserting the totals in the spaces marked with an asterisk. These

totals are known before the count is commenced.

† When transferring a surplus all the non-transferable papers are

usually retained as part of the quota, but when the number of

transferable papers is less than the surplus, the difference should

be inserted in the space marked with a dagger, and a corresponding

number of non-transferable papers should be transferred to the non-

transferable box. These papers should be taken from the top of the

parcel of non-transferable papers and the number taken should be

shown on the Result Sheet on the line provided for non-transferable

papers.

The state of the poll after the seventh count is as follows

Votes

B .............................................. 50 (elected)

F .............................................. 50 (elected)

H ............................................. 50 (elected)

D ..............................................50 (elected)

I .............................................. 50 (elected)

L ..............................................37

C ..............................................35

G ..............................................21

Non-transferable papers ............ 5

Total ...................................... 348

EIGHTH COUNT

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

on the poll, are distributed.

G’s parcel of 21 papers is found to contain 7 papers on which C

is the next preference, and 12 on which L is the next preference,

and 2 papers which are non-transferable.

Therefore 7 papers are transferred to C, and 12 to L, and 2 are

filed as separate parcel with the other parcels of non-transferable

papers.

The state of the poll is now as follows

Votes

B .............................................. 50 (elected)

F ... .......................................... 50 (elected)

H .............................................. 50 (elected)

D .............................................. 50 (elected)

I ............................................... 50 (elected)

L .............................................. 49

C .............................................. 42

Non-transferable papers ............. 7

Total ...................................... 348

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.

The details of the various operations in this election are shown in

the subjoined form of "Result-Sheet".

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 17 Electoral Divisions and number of Members of Parliament. — GENERAL ELECTIONS ACT Open official source

(1) For the purpose of the election of members of the

House, the Island of Malta and its Dependencies shall be divided

into thirteen electoral divisions.

(2) Subject to the provisions of article 52(1) of the Constitution

the House shall consist of sixty-five members, each electoral

division returning five members.

(3) The boundaries of the electoral divisions referred to in sub-

article (1) shall be those established in accordance with article 61

of the Constitution.

(4) Any change in the number of electoral divisions, or in the

boundaries thereof, or in the number of Members of the House shall

have effect as provided in article 61(2) and (3) and article 66(6) of

the Constitution

Provided that, where an alteration to the boundaries of the

electoral divisions has been published under article 61(3)(d) of the

Constitution, nothing in this sub-article shall be construed as

preventing the publication of a revised electoral register or

preventing any other requirement under this Act connected with the

registration of voters being carried out in accordance with such

alteration, before the dissolution of Parliament upon which the

alteration comes into effect.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Schedule Thirteenth-A — GENERAL ELECTIONS ACT Open official source

The General Elections

(Electronic Counting and Sorting) Regulations, 2019

PART I

Preliminary

1. These regulations may be cited as The 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.

GENERAL ELECTIONS

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

GENERAL ELECTIONS

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 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 as 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

GENERAL ELECTIONS

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

GENERAL ELECTIONS

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 Electronic Counting

System is operated independently from other systems and free from

any form of electronic interference.

18. The Commission may define and establish 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 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.

20. 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.

21. 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.

21A. For the purpose of electing the additional members, if any,

required in terms of article 52A of the Constitution, the rules and

regulations found in Part IV to the Thirteenth Schedule shall be applied.

EXAMPLE OF THE METHOD OF COUNTING THE BALLOT

PROPORTIONAL 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.

GENERAL ELECTIONS

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 separate sub-parcel is also formed of those 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 …………………………...

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.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 18 Method of Election. — GENERAL ELECTIONS ACT Open official source

The election of Members of the House shall be according

to the principle of proportional representation, each voter having

one transferable vote.

PART V

Registration of Voters

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Fourteenth Schedule — GENERAL ELECTIONS ACT Open official source

(Article 118)

Articles 41 to 62 of the Electoral (Polling) Ordinance (Cap. 102)

41. A contract whereby any expenses are incurred on account

of or in respect of the conduct or management of an election shall

not be enforceable against a candidate at such election, unless made

by the candidate himself or by his election agent; provided that the

inability under this article to enforce such contract against the

candidate shall not relieve the candidate from the consequences of

any corrupt or illegal practice committed by his agent.

42. (1) Except as permitted by or in pursuance of this

Ordinance, no payment and no advance or deposit shall be made by

a candidate at an election, or by any agent on behalf of the

candidate, or by any other person, whether before, during or after

such election, in respect of any expenses incurred on account of or

i n r e s p e c t of t h e c o n d uc t o r m a na g e m e nt o f s uc h e l e c ti o n ,

otherwise than by or through the election agent of the candidate;

and all money provided by any person other than the candidate for

any expenses incurred on account of or in respect of the conduct or

management of the election, whether as gift, loan, advance or

deposit, shall be paid to the candidate or his election agent and not

otherwise; provided that this article shall not be deemed to apply to

any sum disbursed by any person out of his own money for any

small expense legally incurred by himself, if such sum is not repaid

to him.

(2) A person who makes any payment, advance, or deposit in

contravention of this article or pays in contravention of this article

any money so provided as aforesaid, shall be guilty of an illegal

practice.

43. (1) Every payment made by an election agent in respect of

any expenses incurred on account of or in respect of the conduct or

management of an election shall, except where less than fifty-eight

cents (0.58), be vouched for by a bill stating the particulars and by

a receipt.

(2) Every claim against a candidate at an election or his

election agent in respect of any expenses incurred on account of or

in respect of the conduct or management of such election, which is

not sent in to the election agent within the time limited by this

Ordinance, shall be barred and shall not be paid; and subject to

such exception as may be allowed in pursuance of this Ordinance,

an election agent who pays a claim in contravention of this article

shall be guilty of an illegal practice.

(3) Except as by this Ordinance permitted, the time limited by

this Ordinance for sending in claims shall be fourteen days after the

day on which the candidate returned is declared elected.

(4) All expenses incurred by or on behalf of a candidate at an

election, which are incurred on account of or in respect of the

conduct or management of such election, shall be paid within the

time limited by this Ordinance and not otherwise; and, subject to

such exception as may be allowed in pursuance of this Ordinance,

an election agent who makes a payment in contravention of this

provision shall be guilty of an illegal practice.

(5) Except as by this Ordinance permitted, the time limited by

this Ordinance for the payment of such expenses as aforesaid shall

be twenty-eight days after the day on which the candidate returned

is declared elected.

(6) Where it has been proved to the satisfaction of the court by

a candidate that any payment made by an election agent in

contravention of this article was made without the sanction or

connivance of such candidate, the election of such candidate shall

not be void, nor shall he be subject to any incapacity under this

Ordinance by reason only of such payment having been made in

contravention of this article.

(7) If the election agent in the case of any claim sent in to him

within the time limited by this Ordinance disputes it, or refuses or

fails to pay it within the said period of twenty-eight days, such

claim shall be deemed to be a disputed claim.

(8) The claimant may, if he thinks fit, bring an action for a

disputed claim in the competent civil court; and any sum paid by

the candidate or his agent in pursuance of the judgment or order of

such court shall be deemed to be paid within the time limited by

this Ordinance, and to be an exception from the provisions of this

Ordinance requiring claims to be paid by the election agent.

(9) On cause shown to the satisfaction of the competent civil

court, the court on application by the claimant or by the candidate

or his election agent may, by order, give leave for the payment by a

candidate or his election agent of a disputed claim, or of a claim for

any such expenses as aforesaid, although sent in after the time in

this article mentioned for sending in claims, or although the same

was sent in to the candidate and not to the election agent.

(10) Any sum specified in any such order may be paid by the

candidate or his election agent, and when paid in pursuance of such

leave shall be deemed to be paid within the time limited by this

Ordinance.

44. So far as circumstances admit, this Ordinance shall apply

to a claim for his remuneration by an election agent and to the

payment thereof in like manner as if he were any other creditor, and

if any difference arises respecting the amount of such claim, the

claim shall be a d isputed cla im wi th in th e m eani ng of t hi s

Ordinance, and be dealt with accordingly.

45. (1) The candidate at an election may pay any personal

expenses incurred by him on account of or in connection with or

incidental to such election to an amount not exceeding twenty-

seven euro and ninety-five cents (27.95), but any further personal

expenses so incurred by him shall be paid by his election agent.

(2) The candidate shall send to the election agent within the

time limited by this Ordinance for sending in claims, a written

statement of the amount of personal expenses paid as aforesaid by

such candidate.

(3) The personal expenses of a candidate include his reasonable

travelling expenses and the reasonable expenses of his living at

hotels or elsewhere for the purposes of the election.

(4) Any person may, if so authorized in writing by the election

agent of the candidate pay any necessary expense for stationery,

postage, telegrams, and other petty expenses to a total amount not

exceeding that named in the authority, but any excess above the

total amount so named shall be paid by the election agent.

(5) A statement of the particulars of payments made by any

person so authorized shall be sent to the election agent within the

time limited by this Ordinance for the sending in of claims, and

shall be vouched for by a bill containing the receipt of that person.

46. (1) The maximum sum paid and, or expenses incurred by

or on behalf of a candidate at an election of members of the House

of Representatives, and, or by his election agent, whether before,

during, or after an election on account of or in respect of the

conduct of such election, shall not exceed the sum of twenty

thousand euro (€20,000) from every electoral district

Provided that a candidate contesting two electoral districts

shall not be obliged to spend the total amount of permissible

campaign expenditure as aforesaid, equally between the two

d i s t r i c t s b u t m a y ap p o r t i o n t h e s a i d p e r m i s s i b l e ca m p a i g n

expenditure between the two districts in such a manner as the

candidate deems fit

Provided further that in the computation of campaign

expenditure as aforesaid, where a candidate charges a fee for

participation in political activities or for any goods or services

made available at such activities the amount of any such fees

charged and properly accounted for shall be deducted from the total

amount of campaign expenditure.

(2) Any candidate or election agent who knowingly acts in

contravention of this article shall be guilty of an illegal practice.

47. (1) No payment or contract for payment shall, for the

purpose of promoting or procuring the election of a candidate at

any election, be made -

(a) on account of the conveyance of voters to or from the

poll, whether for the hiring of vehicles, or otherwise;

or

(b) to or with a voter on account of the use of any house,

land, building, or premises for the exhibition of any

address, bill, or notice, or on account of the exhibition

of any address, bill, or notice.

(2) Subject to such exception as may be allowed in pursuance

of this Ordinance, if any payment or contract for payment is

knowingly made in contravention of this article either before,

during, or after an election, the person making such payment or

contract shall be guilty of an illegal practice, and any person

receiving such payment or being a party to any such contract,

knowing the same to be in contravention of this article, shall also

be guilty of an illegal practice

Provided that where it is the ordinary business of a voter as

an advertising agent or publisher to exhibit for payment bills and

advertisements, a payment to or contract with such voter, if made in

the ordinary course of business, shall not be deemed to be an illegal

practice within the meaning of this article.

48. (1) No person shall, for the purpose of promoting or

procuring the election of a candidate at any election, be engaged or

employed for payment or promise of payment for any purpose or in

any capacity whatever, except for the purposes or in the capacities

following

(a) one election agent and no more;

(b) a reasonable number of clerks and messengers, having

regard to the area of the electoral division and the

number of voters on the electoral register for such

division.

(2) Subject to such exception as may be allowed in pursuance

of this Ordinance, if any person is engaged or employed in

contravention of this article, either before, during or after an

election, the person engaging or employing him shall be guilty of

an illegal practice.

49. The provisions of this Ordinance prohibiting certain

payments and contracts for payments, and the payment of any sum,

and the incurring of any expense in excess of a certain maximum,

shall not affect the right of any creditor, who, when the contract

was made or the expense was incurred, was ignorant of the same

being in contravention of this Ordinance.

50. (1) Within thirty-one days after the date of the publication

of the result of an election in the Government Gazette, every

candidate at that election shall transmit to the commissioners a

return of his election expenses, containing the particulars specified

in the Seventh Schedule to this Ordinance, signed by the candidate.

In the case of the candidate’s absence from Malta the duties

imposed on him may be performed by a duly appointed

representative

Provided that in the case of candidates who have been

elected

(i)

the time limit for the transmission of the return of

election expenses to the commissioners shall be of ten

days from the date when the candidate was declared

elected irrespective of the date of publication of the

official result in the Gazette;

(ii) the commissioners shall, notwithstanding the other

provisions of this Act or of any other law, proceed and

shall complete the said examination within one month

from when they receive them and the provisions of

article 52(3) shall apply in respect of such returns and

of such elected candidates.

(2) Every such return shall contain a statement of all payments

made by the candidate or by his election agent, or by any persons

on behalf of the candidate, or in his interest, for expenses incurred

on account of, or in respect of, the conduct and management of the

election, and a further statement of all unpaid claims in respect of

such expenses, of which he is aware.

(3) The return shall be accompanied by declarations to be made

on oath before a magistrate by the candidate, in the form contained

in the Seventh Schedule to this Ordinance.

(4) If any candidate acts in contravention of the requirements

of this article, he shall, subject to the provisions of article 56, be

guilty of an illegal practice.

51. When any return of election expenses and the declarations

made in respect thereof have been lodged with the commissioners,

the commissioners shall, as soon as may be, cause a notice of the

date on which the return and the declarations have been lodged, and

of the time and place at which they can be inspected to be affixed in

some conspicuous place in the commissioners’ office and to be

published in the Government Gazette, and any person shall be

entitled, on payment of a fee of twelve cents (0.12), to inspect any

such return or declarations and, on payment of a fee of fourteen

cents (0.14) for every folio of 120 words, to obtain a copy or copies

of any part thereof.

52. (1) Any person committing an illegal practice shall, on

conviction, be liable to a fine (multa) not exceeding four hundred

and sixty-five euro (465) and shall in consequence of such

conviction become incapable, during a period of four years from

the date of conviction, of being registered as a voter or voting at

any election or of being elected a member, and if before that date

he has been elected a member, his election shall, subject to the

provisions of article 55 of the Constitution of Malta, be vacated

from the date of such conviction.

(2) No prosecution for an illegal practice shall be instituted

without the sanction of the Attorney General.

(3) Notwithstanding but without prejudice to the provisions of

sub-articles (1) and (2) where the commissioners, after examining the

return of the election expenses of an elected candidate in terms of

article 50, determine that an elected candidate has prima facie given

information which is false in the return of election expenses or that an

elected candidate has incurred election expenses in an amount

exceeding the amount permissible by law, the Electoral Commission

shall forthwith file an application in the Constitutional Court asking

that Court to determine the question as to whether the seat of the said

elected candidate has become vacant in terms of paragraph (ff) of sub-

article (1) of article 55 of the Constitution. The Constitutional Court

shall hear and determine such case with urgency.

PART V

CORRUPT PRACTICES

53. Any person who at an election held under this Ordinance

applies for a ballot paper in the name of some other person,

whether that name be that of a person living or dead, or of a

fictitious person or, who having voted once at any such election,

applies at the same election for a ballot paper in his own name,

shall be guilty of the offence of personation.

54. (1) Any person who corruptly by himself or by any other

person, either before, during or after an election, directly or

indirectly, gives or provides, or pays wholly or in part the expense

of giving or providing any food, drink, entertainment, or provision

to or for any person, for the purpose of corruptly influencing that

person or any other person to give or refrain from giving his vote at

the election, or on account of such person or any other person

having voted or refrained from voting or being about to vote or

refrain from voting at such election, shall be guilty of the offence

of treating.

(2) Every voter who corruptly accepts or takes any such food,

drink, entertainment, or provision shall also be guilty of the offence

of treating.

55. Every person who directly or indirectly, by himself or by

any other person on his behalf, makes use of or threatens to make

use of any force, violence, or restraint, or inflicts, or threatens to

inflict, by himself or by any other person, any temporal or spiritual

injury, damage, harm, or loss upon or against any person in order to

induce or compel such person to vote or refrain from voting, or on

account of such person having voted or refrained from voting at

any election, or who by abduction, duress, or any fraudulent device

or contrivance, impedes or prevents the free exercise of the

franchise of any voter or thereby compels, induces, or prevails

upon any voter either to give or refrain from giving his vote at any

election, shall be guilty of the offence of undue influence.

56. The following persons shall be deemed guilty of the

offence of bribery

(a) every person who, directly or indirectly, by himself or

by any other person on his behalf, gives, lends or

agrees to give or lend, or offers, promises or promises

to procure, or to endeavour to procure, any money or

valuable consideration to or for any voter, or to or for

any person on behalf of any voter, or to or for any

other person, in order to induce any voter to vote or

refrain from voting, or corruptly does any such act as

aforesaid on account of such voter having voted or

refrained from voting at any election under this

Ordinance;

(b) every person who, directly or indirectly, by himself or

by any other person on his behalf, gives or procures, or

agrees to give or procure, or offers, promises or

promises to procure or to endeavour to procure any

office, place or employment to or for any voter or to or

for any person on behalf of any voter or to or for any

other person in order to induce any voter to vote or

refrain from voting, or corruptly does any such act as

aforesaid on account of any voter having voted or

refrained from voting at any election under this

Ordinance;

(c) every person who, directly or indirectly, by himself or

by any other person on his behalf, makes any such gift,

loan, offer, promise, procurement, or agreement as

aforesaid, to or for any person in order to induce such

person to procure or endeavour to procure the return of

any person as a member of the House, or the vote of

any voter at any election under this Ordinance;

(d) every person who, upon or in consequence of any such

gift, loan, offer, promise, procurement, or agreement,

procures or engages, promises or endeavours to

procure, the return of any person as a member of the

House or the vote of any voter at any election under

this Ordinance;

(e) every person who advances or pays or causes to be

paid any money to or for the use of any other person,

with the intent that such money or any part thereof

shall be expended in bribery at any election under this

Ordinance, or who shall knowingly pay or cause to be

paid any money to any person in discharge or

repayment of any money wholly or in part expended in

bribery at any such election;

(f)

every person being a voter who, before or during any

election under this Ordinance, directly or indirectly, by

himself or by any other person on his behalf, receives,

agrees, or contracts for any money, gift, loan, or

valuable consideration, office, place or employment,

for himself or for any other person, for voting or

agreeing to vote or for refraining or agreeing to refrain

from voting at any such election;

(g) every person who, after any election under this

Ordinance, directly or indirectly, by himself or by any

other person on his behalf, receives any money or

valuable consideration on account of any person

having voted or refrained from voting or having

induced any other person to vote or to refrain from

voting at any such election.

57. (1) Any person who commits the offence of personation,

treating, undue influence, or bribery or aids, abets, counsels, or

procures the commission of the offence of personation, and any

candidate or election agent who knowingly makes the declaration,

as to election expenses required by article 50, falsely, shall be

guilty of a corrupt practice and shall be liable, on conviction, in the

discretion of the court, to a fine (multa) not exceeding one thousand

and one hundred and sixty euro (1,160), or to imprisonment for a

term not exceeding six months, or to both such fine (multa) and

imprisonment, and shall in consequence of such conviction become

incapable, for a period of seven years from the date of h is

conviction of being registered as a voter or voting at an election

under this Ordinance, or of being elected a member, and if at that

date he has been elected member, his election shall, subject to the

provisions of article 55 of the Constitution of Malta, be vacated

from the date of such conviction.

(2) No prosecution for a corrupt practice shall be instituted

without the sanction of the Attorney General.

(3) For the purposes of this Part of this Ordinance, references

to "voting" or to "refraining from voting", or to "giving" or

"refraining from giving a vote", shall include references to "voting"

or "refraining from voting" in a particular way.

PART VI

EXCUSE FOR CORRUPT AND ILLEGAL PRACTICES

58. The election of a candidate, who has been guilty, by his

agents, of the offence of treating and undue influence, and illegal

practice, or of any such offences, in reference to such election shall

not, by reason of such offences, be declared void, nor shall the

candidate be subject to any incapacity under this Ordinance, if the

court is satisfied after giving the Attorney General an opportunity

of being heard that the candidate has proved -

(a) that no corrupt or illegal practice was committed at

such election by the candidate or his election agent and

the offences aforesaid were committed contrary to the

orders and without the sanction or connivance of such

candidate or his election agent; and

(b) that such candidate and his election agent took all

reasonable means for preventing the commission of

corrupt and illegal practices at such election; and

(c) that the

offences

aforesaid were

of

a trivial,

unimportant and limited character; and

(d) that in all other respects the election was free from any

corrupt or illegal practice on the part of such candidate

and of his agents.

59. Where, in any proceedings, it is shown to the court by such

evidence as seems to the court sufficient -

(a) that any act or omission of a candidate at any election,

or of his election agent or of any other agent or person,

would, by reason of being the payment of a sum or the

incurring of expense in excess of any maximum

amount allowed by this Ordinance, or of being a

payment, engagement, employment, or contract in

contravention of this Ordinance, or of otherwise being

in contravention of any of the provisions of this

Ordinance, be but for this article an illegal practice;

and

(b) that any such act or omission arose from inadvertence

or from accidental miscalculation or from some other

reasonable cause of a like nature, and in any case, did

not arise from any want of good faith,

and under the circumstances it seems to the court, after giving the

Attorney General an opportunity of being heard, to be just that the

candidate at the said election and other agent and person or any of

them, should not be subject to any of the consequences under this

Ordinance, the court may allow such act or omission to be an

exception from the provisions of this Ordinance which would

otherwise make the same an illegal practice, and thereupon such

candidate, agent, or person shall not be subject to any of the

consequences under this Ordinance of the said act or omission.

60. (1) Where the return and declarations respecting election

expenses of a candidate at an election have not been transmitted as

required by this Ordinance, or being transmitted contain some error

or false statement, then -

(a) if the candidate in any criminal or civil proceedings

under this Ordinance proves to the satisfaction of the

court that the failure to transmit such return and

declarations, or any of them or any part thereof, or any

error or false statement therein, has arisen by reason of

his illness or of the absence, death, illness or

misconduct of his election agent or of any clerk or

officer of such agent, or by reason of inadvertence, or

of any reasonable cause of a like nature, and not by

reason of any want of good faith on the part of the

candidate; or

(b) if the election agent of the candidate proves to the

satisfaction of the court that the failure to transmit the

return and declarations which he was required to

transmit or any part thereof, or any error or false

statement therein, arose by reason of his illness or of

the death or illness of any prior election agent of the

candidate or of the absence, death, illness or

misconduct of any clerk or officer of an election agent

of the candidate, or by reason of inadvertence or of

any reasonable cause of a like nature, and not by

reason of any want of good faith on the part of the

election agent,

the court may, after giving the Attorney General an opportunity of

being heard, make such order for allowing an authorized excuse for

the failure to transmit such return and declarations, or for an error

or false statement in such return and declarations, as to the court

seems just.

(2) Where in any proceedings it appears to the court that any

person being or having been election agent has refused or failed to

make such return or to supply such particulars as will enable the

candidate and his election agent, respectively, to comply with the

provisions of this Ordinance as to the return and declaration

respecting election expenses, the court, before making an order

allowing the excuse as in this article mentioned, shall order such

person to appear, and shall, unless he attends, and shows cause to

the contrary, order him to make the return and declaration, or to

deliver a statement of the particulars required to be contained in the

return, as to the court seems just, and to make or deliver the same

within such time and to such person and in such manner as the

court may direct, or may order him to be examined with respect to

such particulars, and in default of compliance with any such order,

such person shall be guilty of an illegal practice.

(3) The court may allow the excuse conditionally upon the

making of a return and declaration in a modified form or within an

extended time, and upon the compliance with such other terms as to

the court, seem best calculated for carrying into effect the objects

of this Ordinance; and an order allowing an authorized excuse shall

relieve the candidate or the election agent, as the case may be, from

any liability or consequences under this Ordinance in respect of the

matter excused by the order; and where it is proved by the

candidate to the court that any act or omission of the election agent

in relation to the return and declaration respecting election

expenses was without the sanction or connivance of the candidate

and that the candidate took all reasonable means for preventing

such act or omission, the court shall relieve the candidate from the

consequences of such act or omission on the part of his election

agent.

(4) The date of the order, or if conditions and terms are to be

complied with, the date at which the applicant fully complies with

them, is referred to in this Ordinance as the date of the allowance of

the excuse.

PART VII

GROUNDS FOR AVOIDING ELECTIONS

61. Subject to the provision of article 55 of the Constitution of

Malta the election of a candidate as a member of the House is

avoided by his conviction for any corrupt or illegal practice.

62. Subject to the provisions of article 55 of the Constitution

of Malta where applicable, the election of a candidate as a member

of the House shall be declared void on any of the following grounds

which may be proved to the satisfaction of the court namely

(a) if by reason of general bribery, general treating, or

general intimidation, or other misconduct, or other

circumstances, the majority of electors were or may

have been prevented from electing candidates whom

they preferred;

(b) non-compliance with the provisions of this Ordinance

relating to election or of the polling regulations if it

appears to the court that the election was not

conducted in accordance with the principles laid down

in such provisions and that such non-compliance

affected the result of the election;

(c) that a corrupt practice or an illegal practice was

committed in connection with the election by the

candidate, or with his knowledge or consent, by any

agent of the candidate;

(d) that the candidate personally engaged a person as his

election agent, or as a canvasser or agent knowing that

such person had within seven years previous to such

engagement been found guilty of a corrupt practice;

(e) that the candidate was at the time of his election a

person disqualified for election as a member.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 19 Enquiries by Commission. — GENERAL ELECTIONS ACT Open official source

(1) The Commission shall make all such enquiries, and

r e qu i r e f r om a ny p e r s o n s uc h i n f or m a t io n , as i t m a y d e e m

necessary for the purpose of determining whether a person is

entitled to be registered as a voter or to remain so registered or

where he is to be registered.

(2) The Electoral Commission shall ensure that adequate staff

are deployed for the specific purpose of verifying voter

qualifications and registration and shall carry out such verification

both with the voter and other persons who may provide the

necessary information as well as with any government departments

which may have relevant information.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Fifteenth Schedule — GENERAL ELECTIONS ACT Open official source

(Article 72)

Form of Oath which an Assistant Electoral Commissioner may

administer to a voter.

I, (1) ....................................... having a legally valid identification

document number ....................... of (2) ......................................

do swear/solemnly affirm that I am requesting the assistance of the

Assistant Electoral Commissioners so that I may vote since I

cannot mark the ballot paper. (So help me God).

Date ................

Signature or mark of voter

Sworn/Affirmed before me this ......... day of ..................

Signature of Assistant Electoral

Commissioner

(1)

Name in full

(2)

Address of voter

SIXTEENTH SCHEDULE

Added by

L.N. 284 of 2014.

Substituted by

L.N.350 of 2017.

ELECTORAL OFFICE

FORM NO. 4

Evans Building, Merchants Street,

Valletta

HOHFWRUDORIÀFH#JRYPW

Details and Questionnaire Required with Form No. 1 in the case of a

Maltese Person who never applied to be Registered as a Voter

SECTION ‘A’ – THIS SECTION MUST BE FILLED IN BY ALL APPLICANTS

Full Name ___________________________________________ Identity Card No. ___________________

Residing at ______________________________________________________________________________

Telephone/Mobile No. ___________________________ Email Address_______________________________

(a)

Grandparent’s name, surname and surname at birth: ____________________________________________

(b)

Grandparent’s place of birth

(c)

Grandparent’s name, surname and surname at birth: ___________________________________________

(d)

Grandparent’s place of birth

Status

Single

Separated

Married

Divorced

Widowed

Civil Union

Do you hold more than one nationality?

Yes

No

If yes, state other Nationality: __________________________________

Are you a new applicant, over 16 years of age and have always resided in Malta?

If YES, sign here

Signature

Date

If NO, go to SECTION ‘B’

SECTION ‘B’ – THIS SECTION MUST BE FILLED BY PERSONS WHO ARE OLDER THAN 16

YEARS OF AGE AND WHO HAVE SPENT SOME TIME LIVING ABROAD

Maltese Passport No. _____________________________________________________

Date of Issue ______________________

Place of Issue __________________

Foreign Passport No. and Nationality _____________________________________________________

Date of Issue ______________________

Place of Issue __________________

State the date when you returned to Malta permanently: ______________________________

GENERAL ELECTIONS

Write down the arrival and departure dates in Malta during the last 18 months

Arrivals

Departures

No. of days in Malta

Arrivals

Departures

No. of days in Malta

Total No. of days in Malta ____________

Total No. of days in Malta ____________

*Did you reside here in Malta for a period of 180 days in the last 18 months

Yes

No

before the closing date of the publicaiton of the next electoral register?

Fill

Fill

Section ‘C’

Section ‘D’

SECTION ‘C’ – 7KLVVHFWLRQPXVWEHÀOOHGLI\RXKDYHDQVZHUHG<(6WRWKHODVWTXHVWLRQPDUNHGZLWKDQ 

in Section ‘B’

I, the undersigned, hereby declare that I have been residing in Malta for a period of 180 days in the last 18

months before the closing date of the publication of the next electoral register.

Applicant’s Signature

Identity Card No.

Date

Signature and Identity

Card No. of Witness

SECTION ‘D’ – 7KLVVHFWLRQPXVWEHÀOOHGLI\RXKDYHDQVZHUHG12WRWKHODVWTXHVWLRQPDUNHGZLWKDQ LQ

Section ‘B’

Write down your country of residence: _________________________________

If you were residing in a European Union Member State, you can choose to vote in Malta for the European

Parliament Elections. Choose one and sign once

Do you wish to vote in Malta?

Signature

Date

OR

Do you with to vote in your

country of residence?

Signature

Date

SECTION ‘E’

+DYH\RXHYHUEHHQLQWHUGLFWHGRULQFDSDFLWDWHGIRUDQ\PHQWDOLQÀUPLW\E\D&RXUWLQ0DOWDRULVRWKHUZLVH

determined in Malta that you are of unsound mind?

Yes

No

,FRQÀUPWKDWWKHDERYHLQIRUPDWLRQLQWKLVIRUPLVFRUUHFW

Applicant’s Signature

Identity Card No.

Date

Signature and Identity

Card No. of Witness

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 20 Duty of Government officers to give information. — GENERAL ELECTIONS ACT Open official source

(1) All public officers in the service of the Government of

Malta and all officers of bodies corporate established by law are,

notwithstanding the provisions of any other law, hereby authorised

and required to furnish to the Commission all information that it

may require in order to be able to determine whether a person is

entitled to be registered as a voter or to remain so registered.

(2) The Commissioner of Police shall assist the Commission by

causing enquiries to be made, information to be collected, and

claims to be checked and in such other manner as may be

necessary.

(3) The public officer or officers responsible for the Public

Registries of Malta and Gozo shall, within the first five days of

each month, forward to the Commission a list containing the name,

surname, a legally valid identification document number, if any,

and other particulars of each p erson whose death has been

registered during the preceding month as well as a list containing

similar particulars of all persons who have contracted marriage in

the preceding month and a list containing similar particulars of all

persons who have reached, the age of sixteen years in the preceding

month.

(4) The Registrar of Courts in Malta and the Registrar of the

Courts of Gozo or other persons having such function shall, each

with regard to the courts to which he is attached, within the first

five days of each month, forward to the Commission a list

containing the name, surname, a legally valid identification

document number, if any, and other particulars of each person who

ha s be en interdicted f or r ea s o n s o f m e n t a l in c a p a c it y by a

competent court as well as a list containing similar particulars of all

persons who have been sentenced by any Court in Malta to

imprisonment (by whatever name called) for a term exceeding

twelve months.

(5) Any public officer or other person responsible for any

prison in Malta shall within the first five days of each month

forward to the Commission a list containing the name, surname, a

legally valid identification document number, if any, and other

particulars of any person who has been released from prison in the

preceding month.

(6) The public officer or other person responsible for the office

responsible for the grant or withdrawal of citizenship shall within

the first five days of each month, forward to the Commission a list

containing the name, surname, a legally valid identification

document number, if any, and other particulars of any person who

has been granted citizenship or whose citizenship has been

withdrawn in the preceding month.

(7) The Commission shall forward to the party delegates a copy

of such lists within five days of the receipt thereof.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 21 Application for registration. — GENERAL ELECTIONS ACT Open official source

(1) Any person who has the requisite qualifications to vote

at elections of members of the House may apply for registration to

the Commission in the form set out in the Second Schedule to this

Act; provided that the Commission shall register as a voter any

person who is entitled to be so registered whether or not such an

application has been made.

(2) The Commission shall refuse an application, by a person to

be registered as a voter and the Commission shall not, on its own

initiative in accordance with sub-article (1), register a person as a

voter only if such person

(a) has lost any of the qualifications necessary to be

registered as a voter in accordance with article 57 of

the Constitution; or

(b) has become disqualified for being so registered for any

of the reasons mentioned in article 58 of the

Constitution.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 22 Method of registration. — GENERAL ELECTIONS ACT Open official source

A person who is qualified to be registered as a voter shall

only be registered in the division and under the address at which he

ordinarily resides

Provided that if it is proved to the satisfaction of the

Commission that any person is not registered in the division and

under the address at which he ordinarily resides, the Commission

shall not have the right to cancel the registration of such person but

shall apply the provisions of article 23.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 23 Transfers and corrections. — GENERAL ELECTIONS ACT Open official source

Any person registered as a voter and who requires any

correction in his designation or other particulars or to have his

name transferred to another address or electoral division may apply

to the Electoral Commission in the form set out in the Third, Fourth

or Fifth Schedule to this Act, as the case may be

Provided that such correction or transfer shall be made by

the Commission whether or not any such application has been

made, either on its own initiative or following the application by

any other registered voter, hereinafter referred to as the applicant,

if it is satisfied that such correction or transfer is justified and

provided that it shall first communicate its decision in writing to

the person to whom it relates and to the applicant, if any, either of

whom shall have the right to appeal to a Revising Officer.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 24 Cancellation of registration. — GENERAL ELECTIONS ACT Open official source

Where the Commission is satisfied following the

application by any other registered voter, hereinafter referred to as

the applicant, or on its own initiative, that any person who is

registered as a voter and whose name appears on the Electoral

Register is not qualified to be registered as a voter, the Commission

shall, subject to the provisions of article 26, cancel the registration

of such voter and expunge his name from the Electoral Register.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 25 Decision by Commission on application for registration, transfer, correction or cancellation. — GENERAL ELECTIONS ACT Open official source

(1) The Commission shall inform the applicant and the

voter concerned of its decisions on any application for registration

as a voter or to correct, to transfer or cancel the registration of a

voter and of any registration, correction, transfer or cancellation

made on its own initiative.

(2) The Commission shall effect the necessary changes in the

Register in accordance with its decision and shall inform the voter

concerned and the applicant of his right to appeal to a Revising

Officer.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 26 Requirement of information by commission. — GENERAL ELECTIONS ACT Open official source

(1) Prior to proceeding to the cancellation of the

registration of any voter in terms of article 24 the Commission shall

by notice in writing by means of a registered letter and, separately and

at the same time, an identical letter sent by ordinary post, require such

person to provide such information or such proof or evidence as it

may deem necessary to establish such person’s right to remain

registered as a voter and if such person fails, within ten days of the

posting of such notice by the Commission, to provide in writing

such information, proof or evidence to the satisfaction of the

Commission, the Commission may cancel his registration or

expunge his name from the Electoral Register

Provided that in the case of a person’s total failure to

answer the aforesaid notice within the aforesaid period of time, the

Commission shall not proceed to cancel his registration or expunge

such person’s name from the Electoral Register before it shall have

served upon such person a further notice in writing to provide such

information, proof or evidence to the satisfaction of the

Commission within a period of ten days from such further notice.

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

the party delegates

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.

(2) Any written communication which the Commission

requires to be made to it under this article may either be delivered

at the Electoral Office or forwarded to the Commission free of any

charge for posting.

(3) The further notice referred to in the first proviso to sub-article

(1) shall be served by a police officer or by any other person

appointed for the purpose by the Commission and such notice shall

be deemed to have been served by delivery of the notice to the

person to whom it is addressed, or to a person who is or reasonably

appears to be not under fourteen years of age and who is either a

member of the family or household or in its service, at the address

of the voter as shown in the Electoral Register. This sub-article does

not apply in the case of the Local Councils’ Electoral Register and the

European Union Electoral Register.

(4) Where the Commission decides to expunge the name of a

voter f rom the Electoral Register, i t shall info rm the voter

accordingly by means of a letter addressed to him, 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, and shall copy such letter to the party delegates.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 27 Refusal or cancellation due to mental incapacity. — GENERAL ELECTIONS ACT Open official source

(1) The Commission may not refuse an application by a

person to be registered as a voter, or cancel the registration of a

voter, or expunge his name from the Electoral Register in terms of

article 58(a) of the Constitution before it obtains the decision of the

Medical Board established in terms of article 14 or unless such

person has been interdicted for mental incapacity by a competent

court.

(2) The decision of the Medical Board shall be final and

binding on the Commission and the voter and no appeal shall lie

therefrom.

(3) Decisions of the Medical Board that a voter is of unsound

mind shall be taken by unanimous vote and shall be communicated

in writing to the Commission who shall thereupon inform the voter.

(4) Every public officer shall be in duty bound to provide the

Board with any information it may require regarding the health of

the person whose entitlement to be registered or to continue to be

registered as a voter is being considered.

(5)

The Medical Board shall regulate its own procedure.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 28 Information regarding new registrations, etc. — GENERAL ELECTIONS ACT Open official source

The Commission shall, at least, every calendar month give

to each party delegate a list showing new registrations, corrections,

transfers and cancellations carried out by it in virtue of the

preceding provisions of this Act indicating the name and all

particulars of the person concerned and the reason for effecting any

change as well as a list showing any change effected to street

names and all the particulars of voters affected by any such change.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 29 Rights of party delegates to information. — GENERAL ELECTIONS ACT Open official source

The party delegates shall have the same powers granted to

the Commission by virtue of article 19 to seek, through the

Commission, information from public officers regarding the

entitlement of a person to be registered as a voter and the duty of

such public officers to give such information shall also apply in

relation to the party delegates. This information is to be given with

a l l t h e n e c e s s a r y d e t a i l s an d i s t o b e g i v e n f o r t h w i t h . T h e

Commission shall give a copy of all requests for information and of

all replies also to the other party delegates.

PART VI

Publication of Electoral Register

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 30 Electoral Register. — GENERAL ELECTIONS ACT Open official source

(1) The lists of all persons who are entitled to be

registered as voters for the election of Members to the House in

accordance with the provisions of this Act, shall constitute the

Electoral Register.

(2) The Electoral Register shall be compiled in accordance

with the provisions of this Act.

(3) The Electoral Register shall be compiled in such manner

that the public may be aware of the persons who are registered as

voters, and in such manner to enable the identification of every

voter and giving every voter the opportunity to object to the

inclusion of any other voter in accordance with the provisions of

this Act.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 31 Compilation of Electoral Register. — GENERAL ELECTIONS ACT Open official source

(1) The Electoral Register shall consist of as many parts as

there are localities, one for each locality, and each locality may be

subdivided into as many parts as the Commission may deem

necessary or convenient. For the purposes of this Part of the Act,

the word "locality" shall have the same meaning assigned to it in

the Local Government Act.

(2) The Electoral Register shall, in each article be drawn up in

alphabetical order according to the name of each street and voters

shall be shown in alphabetical order of surnames under the name of

the street where they are registered and against the name of each

voter his ordinary place of residence and a legally valid

identification document number shall be shown.

(3) The Electoral Register may also include against the name of

each voter any other particulars which may be considered necessary

for the proper identification of each voter.

(4) Any printing error in any particular so shown shall not of

itself affect a person’s entitlement to vote.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 32 Contents of Electoral Register. — GENERAL ELECTIONS ACT Open official source

(1) The Electoral Register shall include all persons who

are entitled to be registered as voters in accordance with the

provisions of this Act, on the day mentioned in the following

article.

(2) The Electoral Register shall not include any person who is

not entitled to be registered as a voter in accordance with the

preceding provisions of this Act, on the day mentioned in the

following article.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 33 Publication of Electoral Register. — GENERAL ELECTIONS ACT Open official source

(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.

(2) The Electoral Register shall be published in two distinct

formats. The first format shall be divided into as many parts as

there are localities whilst the second format shall be divided into as

many parts as there are divisions

For all the purposes of this Act the Electoral Register

published in the first format shall be considered to be the Electoral

Register required by this Act and changes relative to the

registration of voters in the said register appearing in the said first

format shall also be made and published by the Commission in the

register published in the second format.

(3) Each format of the Electoral Register shall indicate the total

number of voters registered in each locality or division as the case

may be subdivided by street, part of locality or locality as the case

may be, as well as the total number of voters for each locality and

division, as the case may be, that have been added, deleted,

transferred from one locality or division, as the case may be, to

another and shall indicate by a distinguishing mark the names of all

voters who have been registered for the first time or who have been

added to the register after their registration had been previously

cancelled by the Commission. Such information shall be given in

such format as the Commission may deem makes it most

comprehensible to the public.

(4) Where the Commission in exercise of its powers under

article 31(1), subdivides any locality it shall show such information

for each part of that locality so subdivided.

(5) The Commission shall cause to be published in the Gazette

and in a non-searchable electronic format on its website as soon as

possible after the dissolution of Parliament and in any case not later

than five days after the publication of the Writ in the Gazette, a

revised Electoral Register, the revision of which shall include

(a) any alteration to the boundaries of the electoral

divisions which may have been approved by the House

under the provisions of article 61 of the Constitution in

the interim between the publication of the last revised

Electoral Register and the dissolution of Parliament;

(b) all corrections, additions, transfers and cancellations

effected from the date of the publication of the last

revised Electoral Register published in terms of sub-

article (1); and

(c) any person who has since the publication of the last

revised Electoral Register attained or shall attain the age

of sixteen years up to and including the day preceding the

day on which the election is to be held provided that such

persons are, except for the fact that they are not listed in

the last revised Electoral Register published in terms of

sub-article (1), qualified to be registered as voters in

accordance to article 57 of the Constitution of Malta.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 34 Additions, cancellations and corrections by Revising Officer. — GENERAL ELECTIONS ACT Open official source

Any additions, cancellations or corrections to the Electoral

Register ordered by a Revising Officer in accordance with the

provisions of this Act shall be published by the Commission in the

Government Gazette and shall form part of the Electoral Register.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 35 Voters at election to be those in last Electoral Register. — GENERAL ELECTIONS ACT Open official source

(1) Whenever an election is to be held, the voters shall be

those whose name appears in the revised Electoral Register

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

cancellations or corrections ordered by the Revising Officer, and

the Commission shall not have the right to withhold any voting

document to any voter who is so registered unless such voter has

died

Provided that nothing in this article shall entitle any person

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

or relieve such person from penalties to which he may be liable for

so voting. Nor shall anything in this article entitle any person to

vote unless he satisfies the requirements of this Act.

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

of Police, the Registrar of the Courts of Malta and the Registrar of the

Courts of Gozo, shall be required to furnish the Commission with all

information it may require to determine whether or not a person is

entitled to be registered as a voter.

PART VII

Appeals to Revising Officer

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 36 Appeals in case of forced correction or transfer. — GENERAL ELECTIONS ACT Open official source

Any person who has his designation or other particulars in

the Electoral Register corrected or his name transferred to another

address or division by virtue of the power vested in the

Commission by the proviso of article 23 may appeal to a Revising

Officer not later than twenty-one days from the day when he is

officially informed of the decision of the Commission.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 37 Appeals in case of refusal of application. — GENERAL ELECTIONS ACT Open official source

Any person whose application to be registered as a voter or

for the correction of his designation or other particulars appearing

in the Register or for the transfer of his name to another address or

division is rejected by the Commission shall have the right to

appeal to a Revising Officer not later than twenty-one days from

the day when he is officially informed of the decision of the

Commission.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 38 Appeals in the case of cancellation of registration. — GENERAL ELECTIONS ACT Open official source

(1) Any person whose registration as a voter is cancelled

from the Electoral Register by virtue of the power vested in the

Commission in terms of article 24 shall have the right to appeal to a

Revising Officer.

(2) Such appeal may be filed at any time up to fifteen days

before the date fixed for the election, and any such appeal shall be

allowed if the applicant had, on the day in which he filed the

appeal, all the qualifications to be registered as a voter.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 39 Appeals following publication of Electoral Register. — GENERAL ELECTIONS ACT Open official source

(1) Any person whose name has not been included in the

Electoral Register and who claims that he has the necessary

qualifications to vote, and, every voter who claims that his

designation, address or other particulars have not been correctly

shown in the Electoral Register may appeal to a Revising Officer to

have his name included in the Electoral Register or to have his

designation, address or other particulars corrected, as the case may

be, not later than twenty-one days after the publication of the

Electoral Register.

(2) A Revising Officer may order the inclusion of a person’s

name in the Electoral Register or the correction of the designation,

address or other particulars in accordance with sub-article (1),

notwithstanding that no prior application may have been made to

the Commission for such purpose.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 40 Appeals by third person following publication of Electoral Register. — GENERAL ELECTIONS ACT Open official source

(1) Any registered voter who claims that any other person

whose name appears in the Electoral Register either is not entitled

to be registered as a voter, or, that the relative designation, address

or other particulars are not correctly shown in the Electoral

Register in accordance with the provisions of this Act, shall have

the right to appeal to a Revising Officer not later than twenty-one

days after the publication of the Electoral Register either to have

the name of such voter expunged from the Electoral Register or to

have the designation, address or other particulars correctly shown.

(2) A Revising Officer may order the cancellation of the

registration of such voter or the correction of the designation,

address or other particulars in accordance with sub-article (1),

notwithstanding no prior application may have been made to the

Commission for such purpose.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 41 Hearing of appeals. — GENERAL ELECTIONS ACT Open official source

(1) A Revising Officer shall before determining any

appeal hear the appellant, the Commission and the person, if any,

against whom the appeal is made, and shall admit such other

evidence and hear such other persons as he may consider necessary.

(2) Where the application is for the cancellation of the

registration of a voter on the grounds of mental infirmity, the

Revising Officer shall forthwith refer such application to the

Medical Board referred to in article 27.

(3) The provisions of sub-article (1) shall mutatis mutandis

apply to proceedings before the Medical Board as they apply to

proceedings before a Revising Officer.

(4) The decision of the Medical Board shall be signed by all the

members of the Medical Board and its Chairman shall refer it to the

Revising Officer who shall determine the appeal in accordance with

such decision.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 42 Adjournment of pending appeals. — GENERAL ELECTIONS ACT Open official source

Revising Officers and the Court of Appeal shall adjourn

sine die the consideration of all applications filed under the

provisions of this Act and still pending fourteen days before the

date fixed for the election or referendum.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 43 Certificates to be forwarded to Commission. — GENERAL ELECTIONS ACT Open official source

The registrar of each of the Courts of Magistrates shall

without delay forward to the Commission a certificate signed by

the registrar personally giving the names, addresses and particulars

of all persons who, by order of the Revising Officer are to be added

to or expunged from the Electoral Register or whose designation,

address or other particular are to be corrected and the Commission

shall revise the Electoral Register accordingly. Copies of such

certificates shall be sent by the Commission to the party delegates

within five days of their receipt and shall be published in the

Gazette as soon as possible.

PART VIII

Notices, Voting Documents and Ballot Papers

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 44 Election Writ. — GENERAL ELECTIONS ACT Open official source

(1) Whenever an election is to be held, the President shall

give notice thereof to the Commissioners by a Writ under his hand,

hereinafter referred to as "the Writ" in the form set out in the Sixth

Schedule to this Act.

(2) The Commissioners shall cause the Writ to be published in

the Gazette.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 45 Notice to be published by Commissioners. — GENERAL ELECTIONS ACT Open official source

Within three days of the publication of the Writ, the

Commissioners shall cause a notice or notices to be published in

the Gazette stating

(a) the website and/or manner in which candidates may submit

their nominations electronically; the place where, and

date and time when, the Commissioners will be in

attendance to receive nominations of candidates for

election as Members of the House, and any objections

to such nominations, such place being referred to in

this Act as the Electoral Office. The time during which

nominations of candidates for election may be made

shall not be less than five days and shall not commence

to run before six days from the date of the publication

of the notice referred to in this article, and the time

during which objections to such nominations may be

made shall not extend beyond one day from the

expiration of the time fixed for the receipt of

nominations;

(b) the places where, and the days and hours when voting

shall be held. Voting shall not take place before the

expiration of three days from the date of the

publication of the notice referred to in article 54(3);

(c) the place to which the ballot boxes shall be taken by

the Assistant Commissioners after the close of voting,

which shall also be the place where such boxes shall

be kept until the counting of the votes;

(d) the place where, the date and time when the ballot

boxes shall be opened and the counting of votes shall

take place.

(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.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 46 Voting Document. — GENERAL ELECTIONS ACT Open official source

(1) Within nineteen days of the publication of the Writ, the

Commission shall forward to each voter, whose name appears in

the last revised Electoral Register, a document hereinafter referred

to as the "voting document" in the form set out in the Seventh

Schedule to this Act and made of such security paper and material

and in such manner as in the opinion of the Commission provides

adequate security against forgery. Voting documents shall be

numbered consecutively, each document having such distinctive

number stamped on the face of it

Provided that wherever the Commission is satisfied that a

person whose name appears on the Electoral Register is dead, the

relative voting document shall not be forwarded, and where such

voting document has been forwarded the Commission shall

withdraw it

However the voting documents of the persons listed in the list

of residents of the Corradino Correctional Facility according to article

77(3)(e) shall be kept by the Commission and shall be distributed to

the voting residents in the mentioned Facility on the polling day

established in article 77(4)(e)(ii)(cc)

Provided further that the Commission shall not forward a

voting document to any voter in respect of whom the Commission

does not possess a photograph, and in respect of such voters the

Commission shall follow the following procedure

(i)

within three days of the publication of the writ,

the Commission shall publish in the Gazette a

list of the said voters stating their name,

surname, place of residence and a legally valid

identification document number;

(ii) the names of such voters shall not be published

in the list mentioned in sub-article (6);

(iii) the voting document of such voters shall only be

issued if the voter satisfies the requirements of

article 47 and shall be in accordance with the

provisions of that article.

(2) The political parties shall be granted all reasonable

facilities to watch the printing of all voting documents, to check the

e xa c t n e s s t h e r e o f a n d g e ne r a l l y t o e ns ur e t h a t on l y v o t in g

documents of voters entitled to receive them are printed. The

Commission shall also print on the voting document such

reasonable security code as requested by the political parties and as

the Commission may think fit, provided that the political parties

shall deliver such security code to the Commission immediately

prior to the start of printing of the voting documents or not later

than such time, not being prior to twenty-four hours prior to such

printing, that the Commission may establish because of technical

necessity; the delegates shall be given the facility to verify the

exactness thereof even by means of a dummy run of the process and

by means of an audit trail that establishes the validity of the system

at any stage of the process and to be given a copy of the audit trail.

(3) The voting documents printed in accordance with the

previous sub-article of this article shall, until such time as they are

forwarded to voters, be kept in boxes sealed with the seal of the

Commission. The party delegates shall have the right to affix their

own seals to such boxes and to be present whenever such seals are

broken. This article shall mutatis mutandis also apply with regard

to the voting documents which remain undistributed, in terms of

sub-article (4), when voting documents are issued in terms of sub-

article (6), and to the voting documents which remain

undistributed.

(4) The voting document shall be served on each voter by a

police officer or by any other person appointed for the purpose by

the Commission, and such document shall be deemed to have been

served by delivery to the person to whom it is addressed, or to an

adult person, who either resides at the same address or is in his

employment, at the address of the voter as shown in the Electoral

Register. The political parties shall have the right to each nominate

one representative to accompany each police officer or other person

effecting service as aforesaid.

(5)

(a) Any voter who is registered as a voter in Gozo may, in

the period of ten days after the publication of the Writ,

inform in writing the Commission that such voter

desires that his document is collected by himself from

the office of the Commission in Malta in the period

starting from when undelivered voting documents can

be collected in terms of sub-article (9) up to the

Thursday before polling day.

(b) In such event the Commission shall, unless such

voting document had already been delivered prior to

the receipt of such request, ensure that such voting

document is withheld or retrieved, and made available

for collection by the voter personally from the office

of the Commission in Malta on the days appointed for

collection in terms of this sub-article.

(c) Any voter who is registered as a voter in Malta may, in

the period of ten days after the publication of the Writ,

inform in writing the Commission that such voter

desires that his document is collected by himself from

the office of the Commission in Gozo in the period

starting from when undelivered voting documents can

be collected in terms of sub-article (9) up to the

Thursday before polling day.

(d) In such event the Commission shall, unless such

voting document had already been delivered prior to

the receipt of such request, ensure that such voting

document is withheld or retrieved, and made available

for collection by the voter personally from the office

of the Commission in Gozo on the days appointed for

collection in terms of this sub-article.

(e) The Commission shall keep a written record of all

requests made by virtue of this sub-article and shall

provide the parties with a list of such requests received,

with such list being supplied first within two days after

the publication of the Writ and updated every two days

thereafter.

(f)

Any voter, who is registered as a voter in Malta or

Gozo, may request the Commission to retrieve such

voting document from either Malta or Gozo, as the

case may be. Such requests shall reach the Electoral

Commission before 6.00 p.m. of the Thursday before

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

(6) When the Commissioners are unable to effect service of the

document aforesaid they shall within six days from the time

e s ta bl ish e d in su b -a rt i c l e ( 1 ) , p ub l ish i n t he G a z e tt e a li s t

containing the names, a legally valid identification document

number and addresses of the persons on whom the voting document

has not been served, and shall state the reason why service has not

been effected.

(7) Any person on whom the voting document has not been

served and whose name appears in the list published in accordance

with the preceding sub-article, may up to the Thursday immediately

preceding the day of the voting, appear personally before one of the

Commissioners or other person appointed by the Commission to act

o n b e h a l f o f t h e C o m m i s s i o n e rs a n d c l a i m d e l i v e r y o f t h e

document.

(8) The Commissioner or other person appointed by the

Commission to act on behalf of the Commissioners may examine

on oath any person so appearing for the purpose of ascertaining his

identity and of establishing his claim to receive the document

Provided that the document aforesaid shall not be delivered

to him unless he produces his legally valid identification document

to the Commissioners.

(9) The Commission shall publish the place and times when

voters may take delivery of their voting documents in terms of sub-

article (7). The Commission may designate any place for the

collection of undelivered voting documents provided that the

Commission shall allow a sufficient period for the collection of

documents from each locality and a further period of time for

collection from its office.

(10) Notwithstanding anything contained in sub-articles (7), (8)

and (9), where the Commission is aware that any person whose

name appears on the list mentioned in sub-article (6) is registered

in a retirement home, or is in a hospital, or suffers from a disability

or is bed-ridden or is otherwise physically unable to appear at one

of the places designated by the Commission in terms of sub-article

(9) to claim delivery of his voting document, it shall be the duty of

the Commission to effect service of such document on the person

concerned either through one of the Commissioners or by any

person appointed for the purpose by the Commission in their stead.

The Commissioner or person appointed as aforesaid may examine

such person on oath for the purpose of establishing his identity and

of establishing the claim to receive the document. The document

aforesaid shall not be delivered to such person unless he produces

his legally valid identification document to the Commissioner or

person appointed as aforesaid, as the case may be.

(11) If for any reason whatsoever other than any of the reasons

mentioned in article 47, the Commission decides that it is necessary

to reprint any voting document or documents it shall immediately

inform the political parties accordingly giving them all relative

information thereto. Any documents so reprinted shall bear the

mark ‘REPRINT’ which mark shall not in any way obscure any of

the information contained in the document.

(12) The political parties shall be given the faculty to supervise

the process mentioned in the preceding sub-articles.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 47 Special Voting Document. — GENERAL ELECTIONS ACT Open official source

Where a person whose name appears in the last revised

Electoral Register, but does not appear in the list published under

article 46(6), has not received the voting document or, after the

receipt of such document, has lost or destroyed such document such

person may not later than 9.00 p.m. of the Wednesday immediately

preceding the commencement of voting, appear before one of the

Commissioners, and if -

(a) he proves his identity by the production of his legally

valid identification document; and

(b) makes a declaration on oath before any such

Commissioner that he has not received the voting

document or that, after the receipt of such document,

he has lost or destroyed it, and such further

declarations on oath as the Commissioner may require,

he shall be given a voting document which shall bear the mark

"SPECIAL" which mark shall not in any way obscure any of the

information contained in the document. The word "SPECIAL" shall

also be entered against the name of such voter in the list mentioned

in article 64(1) and a list of all the persons to whom a voting

document is issued under this sub-article shall be kept at the

Electoral Office and shall be open to inspection by any candidate,

election agent, party agent or party delegate at all reasonable times

until the poll closes.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 48 Number of Voting Documents. — GENERAL ELECTIONS ACT Open official source

(1) Not later than the Friday before the start of the poll,

the Commissioners shall cause to be published in the Government

Gazette a list indicating the number of voting documents printed,

the number distributed in terms of article 46(1), the names and

addresses of the persons who up to that time have claimed delivery

thereof in terms of article 46(7), the number of voting documents

issued in terms of article 47 and the name, address and a legally

valid identification document number of the persons to whom such

documents have been delivered, the number and reasons for voting

documents withheld and the names, addresses and a legally valid

identification document number of the voters concerned and the

number of voting documents remaining uncollected and the names,

addresses and a legally valid identification document number of the

voters concerned.

(2) Any political party shall have the right to nominate

representatives to be present during the issuing of the voting

documents in terms of article 46(7) and article 47 and for this

purpose the said parties shall be provided by the Commission with

all such information as is required by them and as they may deem

necessary for the better performance of their duties.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 49 Ballot Paper. — GENERAL ELECTIONS ACT Open official source

(1) The Commission 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 prescribed under this Act.

This does not apply to the printing on the rear of ballot papers according

to Schedule 8A. Not later than five days from the printing of the

ballot papers, the Commission shall produce a Braille template for

use as a guide on the ballot paper as well as a playback listening

device by which a blind person may recognize the political parties

and their candidates in the same manner as they are printed. Such

m a t e r i a l s s ha l l b e av a i la b l e fo r r e a s on a b l e s c r ut i ny b y t he

representatives of the political parties contesting the poll to

ascertain the transparency of the procedure, which scrutiny shall be

exercised not later than five days before the first poll. Should no

objection be raised the materials shall be deemed to have been

approved by the Commission

Provided that any objection raised by any political party

representative shall be decided by the Commission within twenty

four hours of it being raised and should the objection be accepted

by the Commission any alteration or amendment to the material

shall be made within twenty-four hours of the decision of the

Commission and communicated to the political party

representatives.

(2) The Commission shall ensure that ballot papers are made of

such security paper and carry such markings as to ensure that they

may not be duplicated and not later than two days prior to the

commencement of the voting, the Commission shall cause to be

published in the Government Gazette the number of ballot papers

printed for each electoral division and the number to be distributed

to each individual polling booth.

(3) The ballot-paper of each voter shall consist of a paper in the

form set out in the Eighth Schedule of this Act, containing a list of

candidates described by the name (including any nickname),

address and profession or occupation as given in their respective

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.

(4) Candidates shall be arranged by political party and, within

each party group alphabetically in the order of their surname. If

there are two or more candidates of one party with the same

surname, they will be arranged in order of their other name or

names.

(5) Every political party contesting the election shall provide

the Commission with the names of the candidates contesting the

election in its own interest. The list shall be conclusive evidence as

to whether a particular candidate belongs to that political party and

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

day fixed for the receipt of nominations.

(6) If supplied by the party to which he belongs, there shall be

printed on the ballot paper immediately preceding the name of each

candidate belonging to that party any badge or device, approved by

the Electoral Commission, indicating the political party, if any, to

which the candidate belongs, or otherwise calculated to assist the

identification of the candidate by the voter.

(7) Ballot-papers shall show different colours for parties

contesting all electoral divisions and having not less than four

candidates in each division. Such colours shall be assigned by the

Electoral Commission

Provided that any party may decline the colour so assigned

to it, and in any such case the ballot paper shall not show any

special colour for that party.

(8) Parties will be placed on the ballot paper in alphabetical

order.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 50 Distribution of ballot papers. — GENERAL ELECTIONS ACT Open official source

(1) On the day or days as near as practicable to the day of

voting, the Commission shall prepare in different packets the ballot

papers and all other documents and materials to be consigned to the

Assistant Commissioners on polling day.

(2) The Electoral Commission shall retain possession of all

packets until the day of the poll when it shall deliver the same to

the Assistant Commissioners prior to the start of voting.

(3) Representatives of the political parties shall be granted all

reasonable facilities to oversee the printing and checking of all

ballot papers, the packing thereof and their distribution to the

Assistant Commissioners, and to affix their seals to all packets

prepared by the Electoral Commission for delivery to the Assistant

Commissioners.

PART IX

Nomination of Candidates

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 51 Nomination of Candidates. — GENERAL ELECTIONS ACT Open official source

(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.

(2) Immediately after a nomination has been delivered to the

Commission the name of the candidate shall be posted at the

entrance of the Electoral Office with an indication of the division

for which the candidate was nominated. Delivery of the nomination

paper to the Commission and acceptance of delivery by the

C o m m i s s i o n s h a l l n o t o f i t s e l f i n d i c a t e t h e v al i d i t y o f t h e

nomination and the Commission shall not make any statement

thereon other than inform the candidate accordingly and to take

delivery of the form and deposit, if any, and give due receipt.

(3) Objections may be made to a nomination on the ground that

the candidate is not registered as a voter in the last published

Electoral Register or that the description of the candidate is

insufficient to identify the candidate, that the nomination does not

comply with, or was not delivered in accordance with the provisions

of this Act, that the deposit prescribed by article 52 has not been

paid or that the candidate already stands nominated for two

electoral divisions

Provided that no such objection may be made after the

expiration of the time fixed for the making of such objection in the

notice, referred to in article 45.

(4) Every objection shall be in writing and signed by the

objector and shall specify the ground of the objection. The

Commission itself shall raise an objection if it believes that any of

the grounds mentioned in sub-article (3) exist.

(5) For the purpose of this article, any voter may ask the

Commissioners to be allowed to see and examine any nomination

paper accepted by them.

(6) On receipt of any objection in terms of sub-articles (3) and

(4), th e Com m issio n sh all fi x a dat e f or th e hearin g o f the

objection, shall immediately inform in writing the candidate

objected to, giving him a copy of the objection filed against him,

and shall inform both the objector as well as the candidate of the

day appointed for the hearing of the objection. Service shall be

effected by any means which the Commission deems proper to

ensure receipt by the parties concerned of the said notices in the

least possible time.

(7) All objections shall be determined by the Commission not

later than two days after the expiration of the time allowed for the

making of objections by this Act and both the objector as well as

the candidate shall have the right to appear before the Commission

accompanied by any other person they may think fit to assist them

in their representations to the Commission.

(8) The Commission shall at least two days before delivering

its decision publicly announce the time and date when its decision

shall be delivered. The decision shall be delivered in writing and

shall contain the grounds upon which it is based. The Commission

shall cause such decision to be posted up in a public place at its

office where any person interested may view it

(9) Where the decision of the Commission does not uphold the

objection, it shall be final. Where the decision upholds the

objection the candidate may contest the decision by filing an

application in contestation with the Commission before the Court

of Appeal within twenty four hours of the delivery of the decision

by the Commission. The Court of Appeal shall hear such

applications with urgency and shall determine the same before the

time when in terms of article 49 the Commission is to start printing

the ballot papers.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 52 Deposit by candidates at elections. — GENERAL ELECTIONS ACT Open official source

(1) A candidate at any election shall deposit, or cause to

be deposited on his behalf, with the Commission, before his

nomination can be accepted, the sum of ninety euro (90) in respect

of each nomination, and if he fails to do so, the nomination in

respect of which no deposit has been made shall not be accepted by

the Commissioners.

(2) If after the deposit is made the candidature is withdrawn in

pursuance of the provisions of this Act, the deposit shall be

returned to the person by whom it was made; and if the candidate

dies after the deposit is made and before the voting has

commenced, the deposit, if made by him, shall be returned to his

heirs and if not made by him, shall be returned to the person by

whom it was made.

(3) If a candidate who has made the required deposit is not

elected, and the number of votes polled by him does not exceed

one-tenth of the number of votes polled divided by the number of

members to be elected for that division, the amount deposited shall

be forfeited and paid by the Commissioners into the Consolidated

Fund but in any other case the amount shall be returned to the

candidate, where the candidate is elected, as soon as he has taken

the oath as a member, and where the candidate is not elected, as

soon as practicable after the result of the election is declared.

(4) Where a candidate is nominated at an election in two

divisions he shall not recover his deposit more than once unless he

is elected in both divisions, and if such candidate fails to obtain, in

either division, the minimum number of votes required in

accordance with sub-article (3) he shall forfeit both deposits.

(5) For the purpose of this article the number of votes polled by

a candidate shall be the highest number of votes credited to him at

any time during the counting of the votes.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 53 Report by Commissioners if no candidates are nominated. — GENERAL ELECTIONS ACT Open official source

If at the expiration of the time fixed for the nominations of

candidates, no candidate shall have been nominated for an electoral

division, the Commissioners shall cause a report to that effect to be

published in the Gazette on the following day, and in such case the

President may issue a new Writ for an election for that division.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 54 Uncontested and contested elections. — GENERAL ELECTIONS ACT Open official source

(1) If at the expiration of the time fixed for the receipt of a

nomination, the number of candidates nominated for an electoral

division is equal to or less than the number of candidates that the

voters in such divisions are entitled to return, the Commissioners

shall return to the President the names of the candidates nominated

as members elected to the House to represent that division and such

return shall be published in the Gazette.

(2) If the number of candidates nominated for an electoral

division be less than that which the voters in that division are

entitled to return, the President on the return made to him in terms

of sub-article (1), shall issue a new Writ for the election of

members to fill the remaining vacant seats in that electoral

division, and if thereupon no candidates are nominated, or if the

number of candidates nominated is less than the number of vacant

seats, the seats thereafter remaining vacant may be filled by the co-

option of a member or members by the House and the President

shall not issue a new Writ in respect thereof.

(3) If more than such number of candidates as aforesaid be

nominated for an electoral division, the Commissioners shall cause

a notice to be published in the Gazette over their signature stating

the names of the candidates and the division for which they have

been nominated. No person whose name has not been published in

the said notice may be elected to be a Member of the House.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 55 Withdrawal of candidature. — GENERAL ELECTIONS ACT Open official source

(1) A candidate may, until fourteen days prior to polling

day, withdraw his candidature by giving notice to the Commission

to that effect. Such notice shall be signed by the candidate or if he

is absent from these Islands, by his duly appointed representative.

(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.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 55A Threatening the secrecy of the vote. — GENERAL ELECTIONS ACT Open official source

Any person who, having been given access to the images of

the Electronic 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 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.

PART X

Assistant Commissioners

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 56 Appointment of Assistant Commissioners. — GENERAL ELECTIONS ACT Open official source

(1) Subject to the provisions of the following articles of

this Act, the Commission shall appoint as many Assistant Electoral

Commissioners hereinafter referred to as "Assistant

Commissioners" as may be necessary, to superintend the election in

the manner herein prescribed. No Assistant Commissioner shall be

appointed to superintend the poll in the electoral division in which

he resides or where he habitually exercises his profession or

calling.

(2) The Commission may appoint one official referred to as

"Polling Place Officer" for each polling place containing more than two

polling booths. This officer or officers who will have the exclusive role

of coordinator between the Electoral Commission and the

Chairpersons, nominated in accordance with article 57(6), to follow

instructions of the Commission and they shall in no way take any

decisions regarding any situations which may arise, which decisions

shall remain the exclusive responsibility of the Electoral Commission.

(3) The Assistant Commissioners shall take the oath of office

as set out in the Tenth Schedule to this Act, before one of the

Commissioners and shall follow the instructions which they may

receive from the Electoral Commission for the discharge of their

duties.

(4)

Should the extraordinary circumstances referred to in sub-

article (3)(g) of article 77 arise, the Commission may, after

consultation with the Superintendent of Public Health, appoint such

officers from amongst healthcare workers in Malta to assist the

Assistant Electoral Commissioners, without assuming in any way any

of the duties of an Assistant Electoral Commissioner, at mixed polling

places designated in terms of the said sub-article (3)(g), and this

always subject to such terms and conditions as the Commission may

deem fit, and such officers shall be subject to the same obligations as

Assistant Electoral Commissioners with regard to the voting of

persons whom they have assisted to vote

Provided that a person may be appointed as an officer to

assist the Assistant Electoral Commissioners even if he is not registered

as a voter in the last published Electoral Register, but a person may not

be so appointed

(a) if he is a candidate for election to the House; or

(b) if he is a relative by consanguinity or affinity up to the

second degree of any candidate for election to the House;

or

(c) to assist with the poll in the electoral division in which he

resides; or

(d) to assist with the poll in the electoral division where he

habitually exercises his profession or calling; or

(e) if he is manifestly, in the opinion of the Commission after

consulting the party delegates, unsuitable or not

sufficiently qualified to perform the functions of an officer

to assist the Assistant Electoral Commissioners

Provided that such person as appointed by the

Commission shall not be present whilst the voter is voting

and in each and every case, every voter shall vote in the

presence of the Assistant Electoral Commissioners alone.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 57 Nomination of Assistant Commissioners. — GENERAL ELECTIONS ACT Open official source

(1) Every political party shall, within twelve days of

publication of the Writ, be entitled to nominate a number of

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

that there are in the electoral divisions being contested by it, to act

as Assistant Commissioners, and to the extent that such persons

have the necessary ability to perform the functions of Assistant

Commissioner and are not disqualified from so acting by the

provisions of this Act, the Commission shall appoint Assistant

Commissioners from amongst such persons.

(2) In submitting such lists the political parties may distinguish

between those persons whom they wish to see appointed to a

polling place or a particular polling booth and those persons whom

they wish to be held in reserve and shall moreover have the right to

indicate who of the persons nominated by them should be assigned

to polling places in retirement homes and hospitals. The political

parties may, if they so prefer, submit such lists in electro-magnetic

format. Notwithstanding the nomination by a political party each

person so nominated shall still file any application required by the

Commission from any other person wishing to serve as Assistant

Commissioner; provided that the actual filing of such application

may be made by the political party on behalf of such person.

(3) For the purpose of the time established in sub-article (1),

the Commission shall not later than two days after the publication

o f t h e Wr i t i n f o r m t h e p a r t i e s o f t h e n u m b e r o f A s s i s t a n t

Commissioners that each party will be required to nominate.

(4) The Commission shall moreover itself nominate as

Assistant Commissioners such number of persons as is necessary in

order that in each of the polling booths there be in attendance at all

times at least one person nominated by the Commission to act as

Assistant Commissioner.

(5) In no case shall there be less than three Assistant

Commissioners nominated to superintend the poll in each polling

booth and should all or any of the political parties fail to nominate

all or any Assistant Commissioners in terms of and within the time

established in sub-article (1), the Commission shall itself nominate

other Assistant Commissioners in order to ensure that, at least,

three Assistant Commissioners are in attendance in each polling

booth.

(6) The Assistant Commissioner nominated by the Commission

shall act as Chairperson at the polling booth to which each group of

Assistant Commissioners are assigned and during voting only the

Chairperson shall, when required, communicate with the voters.

(7) The Commission shall, at least five days prior to the start of

the poll, forward to each Assistant Commissioner or to the party on

their behalf a tag to be worn by them in the polling place indicating

their office as Assistant Commissioners and their names.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 58 Disqualifications and publication of names of Assistant Commissioners. — GENERAL ELECTIONS ACT Open official source

(1) A person shall not hold the office of Assistant

Commissioner if he is a candidate for election to the House, or is a

relative by consanguinity or affinity up to the second degree to any

candidate for election, or is not registered as a voter in the last

published Electoral Register or is manifestly in the opinion of the

Commission, after consulting the party delegates, unsuitable or not

sufficiently qualified to perform the functions of Assistant

Commissioner.

(2) Within two days following the day mentioned in article

57(1) the Commission shall deliver to the political parties a list of

all persons nominated to act as Assistant Commissioners indicating

their names, a legally valid identification document number,

addresses, occupation and the political party nominating each

person as well as the polling booth at which each will be in

attendance.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 59 Objections to Assistant Commissioners. — GENERAL ELECTIONS ACT Open official source

(1) The political parties, not later than four days after the

day mentioned in article 58(2), shall have the right to object in

writing to the Commission with respect to the appointment of any

person as Assistant Commissioner on any of the grounds mentioned

in article 58(1).

(2) Where an objection is received by the Commission in terms

of the preceding sub-article of this article, it shall, not later than the

next following day, call a meeting of the party delegates to discuss

such objections. Each party delegate may nominate a representative

to attend at such meeting in his stead.

(3) Any objection made in accordance with the preceding sub-

articles shall be determined by the Commission. The determination

by the Commission shall be final and binding on all concerned.

Where after hearing such objections the Commission determines

that a person nominated by a political party to be appointed as an

Assistant Commissioner shall not be so appointed, the political

party which had nominated that person shall have the right to

nominate another person in his stead.

(4) The fresh nominations mentioned in the preceding sub-

article of this article shall be made immediately after the

determination of all the objections. The times mentioned in sub-

articles (1) and (2) shall apply to objections to persons nominated

as Assistant Commissioners in terms of sub-article (3), and if any

objection is received and upheld by the Commission, the

Commission itself shall appoint another person to be Assistant

Commissioner in his stead and such appointment shall be final and

no objection may be made in respect thereof.

(5) Upon final determination of all objections the Commission

shall assign the Assistant Commissioners to the various polling

booths; such distribution shall be made in such manner as to ensure

that in each polling booth there is, at least, one Assistant

Commissioner nominated by the Commission and one Assistant

Commissioner nominated by each party contesting the election in

that division

Provided that where a political party has not nominated a

sufficient number of persons to be appointed Assistant

Commissioners, the Commission shall only be required to assign,

in respect of that political party, such Assistant Commissioners as

have been nominated by it and appointed Assistant Commissioners.

(6) The Commission shall, within two days of the final

determination referred to in the preceding sub-article, cause a list to

be published in the Gazette showing the name, address, a legally

valid identification document number and occupation of each

Assistant Commissioner appointed, the polling booths to which

each has been assigned, and indicating the Assistant

Commissioners who are assigned but held in reserve.

(7) After the final distribution of all Assistant Commissioners

and up to the end of voting, the Commission alone shall have the

right to substitute Assistant Commissioners and then only for grave

and sufficient reasons and in such manner as to ensure that where

the Assistant Commissioner substituted is one nominated by a

political party, his substitute shall be a person nominated by the

s a m e p a r t y, p r o v i d e d a s u f f i c i e n t n u m b e r o f A s s i s t a n t

Commissioners have been nominated by that party.

PART XI

Voting

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 60 Appointment of Candidate’s Agent. — GENERAL ELECTIONS ACT Open official source

(1) On or before the day of nomination at an election a

person shall be named in writing by or on behalf of each candidate

as his agent for such election and such person is in this Act referred

to as the candidate’s agent.

(2) A candidate may name himself as candidate’s agent, and

thereupon shall, so far as circumstances admit, be subject to the

provisions of this Act, both as a candidate and as an candidate’s

agent, and any reference in this Act to an candidate’s agent shall be

construed to refer to the candidate acting in his capacity of

candidate’s agent.

(3) One candidate’s agent only shall be appointed for each

candidate, but the appointment, whether the candidate’s agent

appointed be the candidate himself or not, may be revoked, and in

the event of such revocation or of the death of the candidate’s

agent, whether such event is before, during, or after the election,

then forthwith another candidate’s agent shall be appointed, and his

name and address declared in writing to the Commissioners, who

shall forthwith give public notice of the same.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 61 Appointment of party agents. — GENERAL ELECTIONS ACT Open official source

(1) Every political party shall have the right to nominate

as its agents such number of persons as is equal to the number of

ballot boxes and such persons are in this Act referred to as party

agents. A political party may designate as a party agent, a person

already nominated by it as Assistant Commissioner in which case

such person may act both as Assistant Commissioner and party

agent.

(2) The party agents so nominated shall have the right to be

present in the polling booths prior to the start and at the close of the

poll for the purposes provided for in this Act.

(3) Political parties exercising the right granted to them by sub-

article (1) shall forward a list to the Commission containing the

names and the legally valid identification document numbers of the

persons nominated by them as its agents not later than the day

appointed for the nomination of Assistant Commissioners in terms

of article 57.

(4) Any political party which has exercised its right to

nominate agents, may up to the Thursday before the poll, substitute

not more than ten per centum thereof and the procedures for

nomination, objection and decision regarding Assistant

Commissioners nominated by political parties shall mutatis

mutandis apply to substitute agents.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 61A District agents. — GENERAL ELECTIONS ACT Open official source

(1) Each political party may nominate a number of

persons equal to the number of electoral divisions that are being

contested by it to act as district co-ordinators for it and such

persons are in this Act referred to as district agents.

(2) The district agents shall represent the party nominating

them with the Commission in the district to which they are

appointed and for this purpose shall have access to the

Commissioners at all times and shall have the right,

notwithstanding any other provision of this Act to the contrary, to

accompany any Commissioner into any polling place or polling

booth for the purpose of determining any matter that may arise

during voting

Provided that a district agent may not so accompany a

Commissioner unless a district agent of another party is also

present.

(3) Unless exceptionally authorised to do so by any

Commissioner, in no case may a district agent interrogate any

person lawfully entrusted by the Commission to carry out any duty

during the elections or to seek information from them nor may they

without such authorisation interrogate any voter.

(4) Political parties exercising the right granted to them by sub-

article (1) shall forward a list to the Commission containing the

names and the legally valid identification document numbers of the

persons nominated by them as district agents not later than the day

appointed for the nomination of Assistant Commissioners in terms

of article 57.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 62 Persons guilty of corrupt practices not to be appointed agents. — GENERAL ELECTIONS ACT Open official source

No person shall be appointed district agent, transport agent

or party agent who is not registered as a voter in the last published

Electoral Register or who has within seven years previous to such

appointment been found guilty of any corrupt practice under this

Act or is determined by the Commission to be manifestly

unsuitable to act as such.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 63 Identification of agents. — GENERAL ELECTIONS ACT Open official source

(1) The Commissioners shall not later than seven days

before the start of the voting forward to such agent a tamper proof

identity document bearing the photograph of the agent franked with

the seal of the Commission and indicating the name, address and a

legally valid identification document number of the agent and by

whom he has been nominated. The identity documents as issued

shall be progressively numbered, shall be of a different colour so as

to easily distinguish election, transport and party agents and shall

be worn in a conspicuous manner by the agent concerned in the

exercise of his functions.

(2) The Commission shall forward to each political party which

asks for them in writing the lists of all agents submitted by all the

other political parties as well as all candidates’ agents submitted by

the candidates and by whom they have been nominated within two

days of the receipt thereof and the political parties may make

objections thereto within four days thereof.

64.(1)(a) In each polling booth a list of voters entitled to vote in

that polling booth together with copies of the

photograph of each voter shall be kept by the Assistant

Commissioners. Every page of such list and every

correction or cancellation thereon shall be signed by a

Commissioner and a party delegate of each political

party or by such other person appointed by each

political party in writing for the purpose.

(b) Copies of such lists without photographs shall be

forwarded by the Commission to all political parties

contesting the election at least fifteen days prior to the

day fixed for voting and the Commission shall keep

the political parties informed of all changes effected to

such lists. The lists shall identify the polling booth

where each voter entitled to vote shall exercise his

right to vote, shall list the voters who are to vote in

each polling booth in alphabetical order according to

the surnames of the voters, assigning to each voter a

distinct and consecutive number and indicating the

name, surname, address and a legally valid

identification document number of each voter as well

as the registered number of the respective voting

document of each voter.

(c) The Commission shall also forward to political parties

receiving such lists any alteration, addition or deletion

to or from such lists on a daily basis up to the day

immediately preceding the poll and such political

parties may check the correctness of the information

held or received by them with the Commission at any

time.

(d) The name of every voter who delivers a valid voting

document and to whom a ballot paper is delivered by

the Assistant Commissioners shall be marked on such

list kept for the purpose by the Assistant

Commissioners and in such manner as is directed by

the Commission.

(e) the list, given to Assistant Commissioner, of persons

entitled to vote, shall be printed on security paper.

(2) Voting shall be held on a Saturday. Voting shall start at 7.00

a.m. and shall close at 10.00 p.m.

Provided that every voter, who at the close of time of voting

is present in a polling place for the purpose of voting shall be

entitled to receive a ballot paper and to vote

Provided further that, where the Commission are satisfied

that the time allowed for voting has been, or will be, for any reason

beyond their control, reduced at all or in any one or more of the

places, they may, whether before or after the poll has commenced,

extend the time fixed for the poll at such polling place or places so

as to make good for the time lost, as aforesaid.

(3) The Commission shall, as far as possible, provide facilities

so that handicapped persons, including persons in wheelchairs, may

vote in comfort.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 65 Prohibition of public meetings and demonstrations. — GENERAL ELECTIONS ACT Open official source

No public meeting or public demonstration shall be held on

the day immediately preceding the commencement of voting and on

the day fixed for voting.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 66 Maintenance of order within 50 metres of each polling place. — GENERAL ELECTIONS ACT Open official source

During the time fixed for voting at any polling place, no

person, other than a person waiting to vote, shall loiter within a

distance of fifty metres from that polling place nor shall any person

within the said distance of fifty metres make political propaganda

in any manner. Any political party club within the distance of fifty

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

the polling place shall be kept closed on polling day

Provided that the Electoral Commission and the

Commissioner of Police may order the closure of any club, shop or

other public establishment within such distance of fifty metres if in

their opinion, such closure is necessary to maintain public order or

prevent undue influence on voters during voting.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 67 Maintenance of order outside 50 metres from polling place. — GENERAL ELECTIONS ACT Open official source

No person shall congregate during voting, in any street,

square or other place, leading from the place of residence of any

voter to any polling place, in such numbers or otherwise in such

manner as to be likely to intimidate any voter, or to obstruct his

approach to or from a polling place, or to lead to a breach of the

peace.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 68 Provisions with regard to polling booths and voting compartments. — GENERAL ELECTIONS ACT Open official source

(1) The Commission shall ensure that, as far as possible,

there is in each polling booth an adequate distance between the

place where the Assistant Commissioners sit and the voting

compartments within which voters are to mark their ballot papers.

The voting compartments shall be constructed in such a manner as

to exclude the possibility that any person may see how the voter is

marking his ballot paper.

(2) The Commission shall request the political parties to

furnish it with a sufficient number of photographs, each not

exceeding seventeen centimetres by twenty three centimetres, of its

candidates in order that the Commission may affix one photograph

of each candidate in each polling booth of the electoral division in

which the candidate is contesting. Each photograph shall have the

name of the candidate and the name and badge of the party he is

representing, if any, and photographs shall be displayed in the order

th at the candidat es’ names appear on the ballot paper. The

Commission shall give such directions as it may deem appropriate

regarding the size and format of such photographs.

(3) The Commission shall ensure that in each voting

compartment a copy of the Instructions to Voters set out in

Schedule 8B to this Act are affixed in a place clearly visible to the

voter and that writing instruments are available for use by voters.

(4) The Commission shall direct the Assistant Commissioners

to ensure that they place the ballot boxes as near as possible to

where they will be sitting and in such manner as they may clearly

see the voter introducing the ballot paper into it and to ensure that

the voter folds the ballot paper in such manner as to leave the

official mark visible.

(5) The Commission shall prepare a room or rooms in each

polling place wherein to store until the polling day the ballot boxes,

the list of persons entitled to vote, ballot papers and other relevant

documents and materials to be used in that polling place on polling

day. The room shall have adequate lighting facilities and shall

allow the visual checking of the inside through a small opening in

the door.

(6) The political parties shall be afforded all facilities to

inspect all polling places well in advance of polling day and to

make suggestions to the Commission on the use thereof.

(7) The ballot boxes shall be of such size and shall be

manufactured of such material as the Commission shall determine

provided that the Commission shall ensure that it is suitable to be

sealed during voting and may not be tampered with without

detection. The top of the ballot box is to be made of translucent

material, in as far as this is technically possible.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 68A Ballot boxes and documents for polling booths. — GENERAL ELECTIONS ACT Open official source

(1) On any day as near as practicable to the day of the

poll but not earlier than three days therefrom, the Commission shall

deliver to each polling place the ballot boxes, the list of persons

entitled to vote thereat, ballot papers and other relevant documents

and materials to be used in that polling place on polling day and

shall seal such documents and materials in the room designated for

the purpose in accordance with the previous article of this Act. The

room shall be lit at all times.

(2) The political parties shall have the right to oversee such

transportation, to affix their seals to the room and all the openings

thereto and to visually check the room through the door opening at

all times.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 69 Transfer of ballot boxes to polling booths. — GENERAL ELECTIONS ACT Open official source

(1) On the day fixed for polling and thirty minutes prior to

the start thereof, the room in the polling place where the ballot

boxes and other documents and materials have been stored by the

Commission shall be opened and the boxes, documents and

materials transferred to each polling booth by the relative Assistant

Commissioners.

(2) Prior to the start of polling the Assistant Commissioners, in

the presence of any candidates or agents as may be present shall

open the ballot box consigned to them and ensure that it is empty

prior to sealing it and opening the poll. If no candidate or agent is

present the Assistant Commissioners shall ask any person present

in the polling place to enter the polling booth and witness the

sealing of the ballot boxes.

(3) After ascertaining that the ballot box is empty, if necessary

by removing any extraneous material therein, the Chairperson of

the Assistant Commissioners shall proceed to seal the ballot box in

the manner and with the seal provided to him by the Commission

ensuring that he does not seal the opening through which the ballot

papers are to be inserted by voters.

(4) One agent or candidate for each of the politica1 parties

present at such sealing may affix the party seal to the ballot box.

(5) After the ballot box has been sealed the Chairperson of the

Assistant Commissioners shall so attest on the form provided by

the Commission and shall ask all the persons present at the sealing

to sign as witnesses whereupon all shall leave the room except for

the Assistant Commissioners and the poll shall start.

(6) In the event of any disagreement which cannot be resolved

between those present the Chairperson of the Assistant

Commissioners shall ask a Commissioner to give the necessary

direction.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 70 Voting. — GENERAL ELECTIONS ACT Open official source

(1) Any voter wishing to vote shall attend at the polling

booth, specified in the voting document received by him and shall

deliver such document to an Assistant Commissioner at such

polling booth during the hours appointed for voting.

(2) No person shall be allowed to vote unless he produces and

delivers the voting document to the Assistant Commissioners.

(3) No inquiry shall be permitted at the time of voting as to the

right of any person to vote, so long as the name of such person is

included in the list referred to in article 64(1), but the Assistant

Commissioners may, before the delivery of the ballot paper to a

voter, put to him such questions as they may deem proper to satisfy

themselves of the identity of such voter. All communications

between the Assistant Commissioners and the voter whilst the latter

is in the polling booth shall be made through the Chairperson of the

Assistant Commissioners.

(4) The Assistant Commissioners, upon the production and

delivery to them of the voting document and having satisfied

themselves of the identity of the voter, shall strike out the name of

the voter from the list aforesaid and shall deliver to him, after

marking it with official marks, a ballot paper. Only the official

mark of the Commission shall be required for the validity of the

ballot paper.

(5) The Assistant Commissioners may at their discretion

administer an oath to any voter in the form set out in the Eleventh

Schedule to this Act.

(6) Any person refusing to answer any questions put to him

under sub-article (3) or to take the oath referred to in sub-article (5)

shall not be permitted to vote.

(7) The Assistant Commissioners shall not refuse a ballot paper

to any person whose name is included in the list referred to in

article 64(1) and otherwise satisfies the requirements of this article,

unless the person so claiming to vote, upon being questioned under

this article, appears to the Assistant Commissioners not to be the

person whose name is on the aforesaid list or to have previously

voted at the same election.

(8) The Assistant Commissioners shall keep a written record of

the taking of any oath administered to any person under this article,

and of their refusal to allow any person to vote.

(9) Saving the provisions of article 77 no voter shall be allowed

to vote except at the polling booth specified in the voting document

produced by him for purposes of voting.

(10) A voter, who has inadvertently spoilt his ballot-paper may,

on delivering the spoilt ballot paper to the Assistant Commissioner,

and proving the fact of inadvertence to the satisfaction of the

Assistant Commissioner, obtain another ballot paper in its place

and the spoilt ballot paper shall be immediately cancelled.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 71 Method of Voting. — GENERAL ELECTIONS ACT Open official source

(1) Each voter shall have one transferable vote.

(2)

A voter, in recording his vote

(a) must place on his ballot paper the figure 1 against the

name of the candidate for whom he votes; and

(b) may in addition indicate the order of his choice or

preference for as many other candidates as he pleases

by placing against their respective names the figure 2,

3, 4, 5 and 6 and so on in consecutive numerical order.

(3)

A ballot paper shall be invalid in which

(a) the figure 1 standing alone indicating a first preference

for one candidate is not placed; or

(b) the figure 1 standing alone indicating a first preference

is set against the name of more than one candidate; or

(c) the figure 1 standing alone indicating a first preference

and some other number is set against the name of the

same candidate; or

(d) it cannot be determined with certainty for which

candidate the first preference of the voter is expressed;

or

(e) any writing or mark is made by which the voter can be

identified; or

(f)

the official mark of the Commission is not made.

(4) A voter shall record his vote secretly in the voting

compartment. After marking the ballot paper the voter shall fold

the ballot paper so as to show the official mark while concealing

his vote, show the official mark to the Chairperson of the Assistant

Commissioners, so that the Assistant Commissioners may verify

the same, and shall then put the ballot paper in the ballot box in the

presence of the Assistant Commissioners.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 72 Illiterate or incapacitated voters. — GENERAL ELECTIONS ACT Open official source

(1) Any voter who declares to, and shows to the

satisfaction of, the Assistant Commissioners that he is unable by

reason of blindness, other physical cause or illiteracy to mark his

ballot paper, may request an Assistant Commissioner to mark the

paper on his behalf indicating for which candidate or candidates he

wishes to vote and the order in which he wishes to record his vote

Provided that the voter may not ask for any particular

Assistant Commissioner to mark the ballot paper on his behalf

Provided further that a person who is unable to vote

independently by reason of blindness may either request an

Assistant Commissioner to mark the ballot paper on his behalf

indicating for which candidate or candidates he wishes to vote and

the order in which he wishes to record his vote, or request the

provision of a Braille template as well as a playback listening

device as approved under the provisions of sub-article (1) of article

49. (2) The Assistant Commissioners are bound to secrecy with

regard to the voting of persons whom they have assisted to vote.

(3) There shall be not less than two Assistant Commissioners

present when the vote is being recorded under the provisions of

sub-article (1), but no other person shall be allowed in the room.

(4) When an Assistant Commissioner is authorised to assist a

voter to record his vote, the Assistant Commissioner shall require

such voter to confirm his declaration on oath using the format

shown in the Fifteenth Schedule annexed to this Act, and on

satisfying himself of the correctness of such declaration he shall

record the vote of such voter on the ballot paper, in accordance

with the indication made by such voter and following the procedure

set down hereunder

(a) The Assistant Commissioner shall ask the voter

"Which of the candidates do you most desire to see

elected?" and shall place the figure 1 on the ballot

paper opposite the name of the candidate indicated by

the voter.

(b) The Assistant Commissioner shall then ask the voter

"For which of the candidates do you desire to express a

second choice?" and shall place the figure 2 on the

ballot paper opposite the name of the candidate

indicated by the voter.

(c) The Assistant Commissioner shall repeat the operation

in reference to a third or any subsequent preference

until the voter shall declare that he does not desire to

express any further choice.

(d) In order to assist such voter in indicating his

preferences, the Assistant Commissioners may refer

the voter to the photographs of the candidates

displayed in the polling booth in accordance with

article 68.

(e) At the commencement of these operations and at any

subsequent stage the Assistant Commissioner shall, if

desired by the voter, read out in the order in which

they appear on the ballot paper, the names of all

candidates for whom a choice has not already been

expressed by the voter.

(f)

If any such voter, however, shall request the Assistant

Commissioner to read out the names of the candidates

of one particular political party only, the Assistant

Commissioner shall do so by reading in alphabetical

order the names of the candidates who have supplied

an indication of their adhesion to that political party

and omitting the names of the other candidates.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 73 Assistant Commissioners not to see vote recorded. — GENERAL ELECTIONS ACT Open official source

While a voter is recording his vote, the Assistant

Commissioners shall keep at sufficient distance so as not to be able

to see the vote recorded.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 74 Ballot paper not to be removed from polling place. — GENERAL ELECTIONS ACT Open official source

The Assistant Commissioners shall in no case permit any

person to take his ballot paper out of the room or out of their sight

until it is inserted into the ballot box.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 75 Assistant Commissioners not to make suggestions as to manner of voting. — GENERAL ELECTIONS ACT Open official source

Saving the provision of article 72, no Assistant

Commissioner or any other person shall record the vote for any

voter, or shall, at any polling place make any suggestion to him

directly or indirectly regarding the candidate or candidates for

whom he should vote or regarding his choice of preference.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 76 No unauthorised person to enter polling place. — GENERAL ELECTIONS ACT Open official source

Except where otherwise stated in this Act the Assistant

Commissioners shall not allow any person not being a police

officer on duty, or a person lawfully entrusted with some duty in

connection with the elections, or a person entitled to vote at that

polling place, to enter such polling place; nor shall they permit any

voter or other person to remain in the polling place longer than

necessary.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 77 Mixed polling places. — GENERAL ELECTIONS ACT Open official source

(1) Notwithstanding anything to the contrary contained in

this Act, the Commission shall provide mixed polling places for the

purposes and in the manner provided for by this article.

(2) A mixed polling place is a polling place which contains one or

more mixed ballot boxes for different divisions, as the case may be,

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

independently of the division where they may be registered in the last

published Electoral Register by casting their vote in the mixed ballot

box appertaining to the divisions where they are registered.

(3) The Commission shall only provide mixed polling places in

the following localities

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

place in Gozo for registered voters in Gozo, that the

Commission shall establish by notice in the Gazette

according to article 45;

(b) at Saint Vincent de Paule;

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

Gwardamanġa, Mount Carmel Hospital Attard, and

Gozo General Hospital;

(d) at such places designated for the casting of votes by

voters who are resident at retirement homes as defined

in article 80 on the Saturday prior to polling day, as the

Commission may, by notice in the Gazette published

within ten days from the publication of the writ for the

election, establish

Provided that the Commission shall, wherever

possible, designate as such mixed polling places the

retirement homes themselves

Provided further that for the purposes of this paragraph

every person who is resident in a retirement home

fourteen days before polling day shall be deemed to be

a resident at the retirement home

Provided further that article 83 shall mutatis mutandis

apply to mixed polling places designated in terms of

this paragraph;

(e) all the voters residing at the Corradino Correctional

Facility shall vote in the place indicated in this sub-article

and it shall be the duty of the person responsible of the

mentioned Facility to submit to the Commission a list

with the name, surname, identity card number and the

date of birth of such voters within three days of the

publication of the Writ for the election, which list must

continue to be updated everyday up to fourteen days prior

to the polling day. Every person residing at the Corradino

Correctional Facility listed in the list shall be deemed to

be a person residing at the same Facility;

(f)

all the voters serving as Police officers in the Police

Force up to fourteen (14) days before polling day shall

only vote in the place indicated in this sub-article and it

shall be the duty of the Commissioner of Police or his

delegate to submit to the Commission, up to fourteen (14)

days prior to the polling day, a list with the details of the

name, surname, identity card number and the date of birth

of such voters

Provided that, such information shall only be strictly

used for the purposes of this sub-article and shall be sealed

and stored in the room designated by the Commission to

hold all the ballot boxes immediately following the

publication of the official result;

(g) at such places which are designated for registered voters

who are suffering from a notifiable disease as may be

specified by the Superintendent of Public Health by notice

in the Gazette for such purposes or who are in mandatory

quarantine related to such notifiable disease, as the

Commission may, by notice in the Gazette, establish after

consultation with the Superintendent of Public Health

Provided that the Superintendent of Public Health shall

issue such notice, not later than one (1) day after the

publication of the Writ, specifying the said notifiable

disease(s) and shall furthermore declare that the said

notifiable disease(s) requires the introduction of other ad

hoc voting arrangements for voters suffering from the

same and, or who are in mandatory quarantine as a result

of such notifiable disease(s).

(3A) (a) Notwithstanding the other provisions of this Act or of

any other law, every registered voter who is entitled to

vote at a general election, at an election of Members of

the European Parliament or at a Local Council election

and who is entitled to receive the voting document and

who declares in writing on the form prescribed for that

purpose by the Commission or by electronic means

through a website intended for that purpose by the

Commission that he will not be in Malta or that he will

be hospitalised in a hospital on the day of the election,

shall be entitled to cast his vote at the place indicated

in sub-article (3)(a) between 7.00am and 10.00pm

seven days before polling day

Provided that any voter included in the list compiled by

the Superintendent of Public Health pursuant to sub-article

(4)(f) shall be entitled to cast his vote at the place

designated pursuant to sub-article (3)(g) between 7.00 am

and 10.00 pm seven (7) days before polling day, if he

declares his intention to the Commission to avail himself of

this possibility by noon of the Friday before the above-

mentioned day, that is the seven (7) days before polling

day

Provided further that any voter who is suffering from a

notifiable disease as may be specified pursuant to sub-

article (3)(g), or who is in mandatory quarantine related to

such notifiable disease, on the Thursday before the day that

is the seven (7) days before polling day, but who would

cease to be in such a situation by polling day and will not

be in Malta or will be hospitalised in a hospital on the day

of the election, shall be entitled to cast his vote at the place

indicated pursuant to sub-article (3)(a) between 7.00 am

and 10.00 pm seven (7) days before polling day, if he

declares his intention to the Commission to avail himself of

this possibility by noon of the Friday before the above-

mentioned day, that is the seven (7) days before polling

day

Provided further that the declaration referred to in the

preceding provisos may be made to the Commission in

such manner as may be determined by the Commission.

(b) The declaration referred to in paragraph (a)

(i)

may be made, as of right, until noon of the

Friday immediately preceding the day

established for voting before polling day in

accordance with paragraph (a), and

(ii) shall be made in such form and in accordance

with such procedure as the Electoral

Commission may require.

(c) All the provisions of this Act applicable to voting by

Assistant Commissioners shall, without prejudice to

this sub-article, be applied mutatis mutandis to

registered voters entitled to vote before polling day in

accordance with paragraph (a)

Provided that any person who makes the declaration as

aforesaid and who did not receive his voting document, shall be

provided by the Commission or persons appointed by the Commission

to act on behalf of the Commissioners, with such document when the

said person makes such declaration, or in default, such document may

be collected by the person himself from the place designated by the

Commission for the purpose that, such person votes seven (7) days

prior to polling day, provided that the said person produces his valid

identification document to the representative of the Commission who

is delegated by it for the purpose of delivering such document

Provided further that a person who, after having made a

declaration in accordance with paragraph (a) does not vote on the

day established for voting before polling day, shall have the right to

vote on polling day.

(3B) Notwithstanding the provisions of this Act or of any other

law, the Chairman and Members of the Electoral Commission shall,

in a general election, in an election of Members of the European

Parliament and in a Local Council election, vote only at the place

indicated in sub-article (3)(a) between 7.00 am and 10.00 pm seven

days before polling day.

(4) (a) Notwithstanding any other provision of this Act, every

person who shall have been selected to serve as a Polling Place

Officer, a Chairperson or an Assistant Electoral Commissioner,

including those selected to serve as reserves and all Police Officers

in the Police Force, shall cast their vote at the place in Malta, if he is

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

registered voter in Gozo, as indicated in sub-article (3)(a), and shall

do so on Tuesday prior to the polling day between 7.00 a.m. and

10.00 p.m.

Provided that the Assistant Commissioners and the reserves

chosen to serve in Malta and Gozo on the day allocated for the

Assistant Commissioners to vote, shall cast their vote on the first

polling day at the place established in article 77(3)(a) between 7.00

a.m. and 10.00 p.m.

Provided further that any Assistant Electoral Commissioner,

including those selected to serve as reserves, whose name is included in

the list compiled by the Superintendent of Public Health pursuant to

paragraph (f) shall only vote at the place indicated pursuant to sub-

article (3)(g) and in accordance with the provisions of sub-article

(3A)(a).

(b) For all effects and purposes of this article, the persons

who shall vote in accordance with paragraph (a) shall be all those

whose name is published in the list referred to in article 59(6) and

whose name is included in the list mentioned in paragraph (f) of sub-

article (3), even if any one of such persons shall have resigned his

appointment after the publication of the list mentioned in sub-article

(6) of article 59 or shall have resigned from the Police Force after the

submission of the list mentioned in paragraph (f) of sub-article (3). In

the case of any new member joining the Police Force after the

submission of the said list, he shall have the right to vote only on

polling day.

(c) All voters who fourteen days before polling day shall

be resident, but not registered as voters, at Saint Vincent de Paule

shall vote at the place indicated in sub-article (3)(b), and it shall be

the duty of the sub-committee set up under article 81, to determine

who these voters shall be.

(d)All voters who four days prior to polling day shall be

registered as patients at Mater Dei Hospital, Karen Grech Hospital,

Mount Carmel Hospital, and at the Gozo General Hospital, shall

only vote in the place indicated in sub-article (3)(c) and it shall be

the duty of the sub-committee set up under article 81, to determine

who these voters shall be

Provided that any voter included in the list compiled by the

Superintendent of Public Health pursuant to paragraph (f), but who

would no longer be registered as a patient at one of the above mentioned

hospitals on polling day, shall only vote at the place designated pursuant

to sub-article (3)(g) between 7.00 am and 10.00 pm, and only on

Thursday before polling day.

(e)Notwithstanding the other provisions of this Act

(i)

voters who vote in a hospital in accordance with

paragraph (d) shall vote only on the Thursday

prior to polling day between 7.00 am and 10.00

pm;

(ii) voters -

(aa) who are residing at Saint Vincent de Paule;

or

(bb) who are residing in retirement homes as

defined in article 80 and who are entitled

to vote at such places designated in

accordance with sub-article (3)(d),

(cc) who are residing in the Corradino

Correctional Facility,

shall only vote on the Saturday prior to polling day

between 7.00 am and 10.00 pm.

(f) Notwithstanding any other provision of this Act, registered

voters who are suffering from a notifiable disease as may be

specified by the Superintendent of Public Health by notice in the

Gazette or who shall be in mandatory quarantine related to such

notifiable disease on polling day shall only vote in a place

designated in accordance with sub-article (3)(g) on such day and at

such time on or before polling day, as may be established by the

Commission after consultation with the Superintendent for Public

Health and communicated to such individuals

Provided that for such purposes it shall be the duty of the

Superintendent of Public Health or his authorised officer to submit

to the Commission, as soon as reasonably practicable and, at the

latest, up to 9:00 pm on Friday before polling day, a list with the

name, surname, identity card number, date of birth and contact

details of persons who on polling day shall be suffering from a

notifiable disease as specified pursuant to sub-article (3)(g) or who

shall be in mandatory quarantine related to the same notifiable

disease, and such information shall only be strictly used for the

purposes of this sub-article and subject to the same conditions as in

articles 107 and 108

Provided further that the list submitted by the Superintendent of

Public Health shall be sealed and stored in the room designated by the

Commission to hold all the ballot boxes immediately following the

publication of the official result

Provided further that the Commission may provide such

assistance and services as it may deem necessary, following

consultation with the Superintendent of Public Health, to enable such

persons to securely access and leave the polling place.

(5) For all effects and purposes of this Act a mixed polling

place shall be considered as an ordinary polling place and the rights

and duties imposed on the Commission and persons appointed by it,

political parties, agents and candidates shall mutatis mutandis

apply.

(6) In the case of those voters voting in the localities indicated in

sub-article (3)(a), (b) and (d), a copy of the list of persons entitled to

vote in such mixed polling place shall be given by the Electoral

Commission to the political parties, at least four days prior to polling

day. The list of the persons entitled to vote in locality indicated in sub-

article (3)(c) shall be given by the Electoral Commission to the

political parties by not later than midnight of the Thursday preceding

the polling date.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 78 Closure of Voting. — GENERAL ELECTIONS ACT Open official source

(1) After the expiration of the time fixed for voting, the

Assistant Commissioners shall seal the opening of the ballot box,

shall place in a packet all unused and spoilt ballot papers and all

printed or written records kept by them, affixing their seal thereto,

after stating and signing on the said packet the number thereof, and

shall place in a separate packet all voting documents delivered to

them. The official marks used by the Assistant Commissioners

including those used by the Assistant Commissioners nominated by

the political parties shall be put in a separate packet which shall be

s e a l e d w i t h t h e s e a l o f t h e Co m m i s s i o n af t e r al l A ss i s t a n t

Commissioners have affixed their signature thereto.

(2) For the purposes of the previous sub-article of this article

the Assistant Commissioners shall physically count and reconcile

the number of unused and spoilt ballot papers, the number of

persons marked as having voted on the list referred to in sub-article

(1) article 64 and the number of voting documents delivered to

them.

(3) After the close of the poll and before the ballot boxes are

removed from the polling booths, the Assistant Commissioners

shall affix a notice on the door of each polling booth and signed by

all the Assistant Commissioners stating the number of voters

entitled to vote at that polling booth, the number of ballot papers

received by them from the Commission, the number of voting

documents delivered to them distinguishing as to whether they are

ordinary or special, the number of spoilt ballot papers and the

number of unused ballot papers being returned by them to the

Commission and the number of persons who have voted in that

polling booth. The said notice shall in this article be henceforth

referred to as the "ballot paper account".

A copy of the ballot paper account shall be delivered by the

Assistant Commissioners to each political party by handing it to

any candidate, election or party agent representing such party as

may be present, and shall also be delivered to the Commission at

the place specified in article 45(c) and the Commission shall

immediately thereon provide a copy to the party delegates.

(4) On completion of all the duties mentioned in the preceding

sub-article of this article, the Assistant Commissioners shall deliver

the ballot box or boxes and all documents and packets entrusted to

them to the Commission at the place specified in article 45 (c).

(5) Party delegates, candidates, and party agents shall have the

right to attend at the reconciliation and sealing of papers and

sealing of ballot boxes, mentioned in the preceding sub-articles of

this article, to affix their own personal seals to the packages

containing the papers and to the ballot boxes and shall, subject to

the provision of the following sub-articles of the article, be granted

facilities to watch and accompany the transportation of the ballot

boxes from the polling place up to their delivery to the

Commission.

(6) (a) No more than one party agent from each political party

may be present in each polling booth at any one time

during the procedure for the sealing of ballot boxes;

(b) The Assistant Commissioners shall ensure that

candidates, party agents or party delegates as may be

present shall be called in prior to their starting the

procedures outlined in the previous sub-articles of this

article for the sealing of ballot boxes and packets and

reconciliation;

(c) The candidates, party agents and party delegates that

may be present shall be granted all reasonable

facilities to oversee, record and request recounts of all

the operations undertaken by the Assistant

Commissioners in terms of the previous sub-articles of

this article and without prejudice to the generality of

the above -

(i)

to reconcile the number of persons who have

voted as stated in the ballot paper account with

the number of persons which the Assistant

Commissioners have struck off the list referred

to in article 64 and the number of voting

documents

received

by

the

Assistant

Commissioners;

(ii) to reconcile the names of the voters which the

Assistant Commissioners have struck off the list

referred to in article 64 with the names or the

voting documents received by them;

(iii) to record the names, the legally valid

identification document numbers and, or, the

particulars of the persons who have not voted;

(d) After all the procedures indicated in the previous sub-

article of this sub-article have been completed, the

Assistant Commissioners shall keep the ballot box and

all documents and packets in the polling booth until

such time as the vehicle designated by the Commission

for the transfer of the ballot boxes arrives at the

polling place. Any candidate, or party agent or party

delegate as may be present shall also have the right to

remain at such polling booth;

(e) During the transportation from the polling place to the

place designated by the Commission for the delivery

of ballot boxes in terms of article 45(3) no more than

one representative from each of the political parties

may board the vehicle designated by the Commission

for transportation;

(f)

The representatives mentioned in the previous

paragraph of this sub-article shall be designated by the

political parties and shall be duly authorised by the

Commission and shall bear identification similar to

that required by article 63(1) and shall have these

names publicised in terms of article 63(2);

(g) The refusal by any Assistant Commissioner to sign any

declaration or document shall not of itself invalidate

the contents thereof.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 79 Assistant Commissioners responsible for the maintenance of order. — GENERAL ELECTIONS ACT Open official source

The Assistant Commissioners shall keep order in the

polling place under their charge and shall be responsible for any

irregularity in the voting in that place in so far as such irregularity

could have been prevented by them.

PART XII

Voting in Retirement Homes and Hospitals

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 80 Retirement Home and hospitals. — GENERAL ELECTIONS ACT Open official source

For the purpose of this Part, "a retirement home" means such

place or places principally used for the care of elderly persons in

which at least fifty voters reside and "hospitals" means Mater Dei

Hospital, Karen Grech Hospital and Mount Carmel Hospital in Malta,

and the General Hospital in Gozo

Provided that the provisions of article 81(3)(a), of article

82(1)(b) and of article 83 shall not apply to retirement homes not run

or administered by the Government.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 81 Sub-committee for Retirement Homes and hospitals. — GENERAL ELECTIONS ACT Open official source

(1) Within twenty-four hours of the publication of the Writ

for the election of members to the House, the Commission shall

form a sub-committee consisting of a Commissioner, who shall act

as chairperson, and a representative of each of the political parties

and shall delegate to the sub-committee the running of the election

in all retirement homes and hospitals.

(2) The sub-committee shall have the duty to ensure that no

undue pressure is brought to bear on voters in old age homes and

hospitals, that proper and adequate facilities are given to all

political parties to canvass such voters, that adequate arrangements

for voting are made in view of the special needs of such voters and

that no political party enjoys any unfair advantage.

(3) Without prejudice to the generality of the above provisions,

the sub-committee shall ensure that

(a) immediate steps are taken to temporarily remove and

substitute members of staff gravely suspected to have

attempted to influence voters;

(b) arrangements are made for the receipt and proper

delivery of propaganda material and for canvassing

during visiting hours by candidates and political

parties contesting that electoral division;

(c) complaints by political parties and, or, candidates are

speedily investigated and rectified when found to be

justified.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 82 Duties of persons responsible for the administration of retirement homes and hospitals. — GENERAL ELECTIONS ACT Open official source

(1) Within three days of the publication of the Writ the

person responsible for the administration of a retirement home shall

send to the sub-committee

(a) a list of all persons resident at such retirement home,

indicating the name, a legally valid identification

document number, last known address, age, ward

number, name and address of next of kin and whether

registered as a voter in the home address or otherwise;

(b) a list of all staff at the retirement home indicating the

name, a legally valid identification document number,

address, grade and working hours up to the day

following the day fixed for voting.

(2) Fourteen days prior to polling day the person responsible

for the administration of hospitals shall send to the sub-committee

(a) a list of all patients currently in the hospitals

indicating the name, a legally valid identification

document number, last known address, ward number,

name and address of the next of kin. The person

responsible for the administration shall send updated

lists of the patients on a daily basis to the sub-

committee until the day preceding the Thursday prior

to polling day; and

(b) a list of all staff at the hospital indicating the name, a

legally valid identification document number, address,

grade and working hours up to the day following the

day fixed for voting.

(3) On receipt thereof the sub-committee shall immediately

provide the political parties with copies of such lists.

(4) The administrator of every retirement home and hospital

shall keep such lists updated and shall immediately send to the sub-

committee any amendments thereto and the sub-committee shall

immediately inform the political parties of such amendments.

(5) Members of the staff in retirement homes and hospitals are

expressly prohibited from engaging in propaganda for any political

party or candidate and any employee contravening this article shall

be guilty of an offence and shall, on conviction, be liable to the

penalty of general interdiction for a period of ten years and the

provisions of the Probation Act and of article 22 of the Criminal

Code shall not apply.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 83 Voting at Retirement Homes and hospitals. — GENERAL ELECTIONS ACT Open official source

(1) The voting documents of voters registered in retirement

homes shall be delivered to the voters personally in the retirement

home. Unless delivered to the voter prior to admittance as a patient

into a hospital, the voting documents of patients in hospitals shall be

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

deliver the voting document to the Chairperson of the Sub-Committee

for safekeeping, and such Chairperson shall return the same to the

voter on the day fixed for voting or on such earlier day as may be

requested by the voter

(2) Voters in retirement homes and hospitals shall have the

option to proceed to the polling place

(a) without the assistance of any person;

(b) with the assistance of members of the staff;

(c) with the assistance of members of their families;

and it shall be the responsibility of the sub-committee to ascertain

the option chosen by each voter. The sub-committee shall ascertain

the option chosen by each voter as soon as possible after the

delivery of the voting documents to the voters and shall inform in

writing the party delegates of the option chosen by each voter.

(3) A medical consultant having in his care any voter resident at a

hospital or retirement home may, by issuing a medical certificate to

that effect, draw the attention of the Commission to any dangers

inherent to the health of his patient should he be moved for the

purposes of being taken to vote. Such certificate will, however, in no

way effect the right of that voter, to ignore the medical warning and

decide to cast his vote.

(4) Voters opting to be assisted by members of the staff shall be

accompanied by members of the staff chosen from a pool thereof

nominated in equal numbers by all the political parties. Political

parties shall have the right to demand, and the Commission shall

have the duty to ensure, that if the ordinary staff at such homes and

hospitals is not sufficient for the purposes of this article other

persons are transferred to such homes and hospitals for such

purpose.

(5) Voters opting to be assisted by members of the staff or by

members of their families shall, notwithstanding any other

provision of this Act, be so accompanied up to the door of the

relative polling booth.

(6)

(a) During the day fixed for the voting no person shall

without the authority of the Commission be allowed to

enter retirement homes and hospitals.

(b) The provisions of paragraph (a) shall not apply to

members of the sub-committee, members of the staff

and relatives of patients who have been previously

authorised to accompany voters to vote

Provided that such relatives shall at all times wear

proper identification tags issued to them by the

Commission for the purpose.

(7) Except with the special authorisation of the sub-committee,

no voter in a retirement home and hospital who has chosen the

option to vote on his own or to be accompanied by members of his

family may be taken to vote by members of the staff.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 84 Direction by Electoral Commission. — GENERAL ELECTIONS ACT Open official source

The sub-committee appointed in terms of article 81 shall

function under the general direction of the Commission and shall

be bound to implement the decisions of the Commission.

PART XIII

Counting of ballot papers

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 85 Start of counting of ballot papers. — GENERAL ELECTIONS ACT Open official source

The counting of ballot papers shall take place at the place

and time specified in the notice referred to in article 45(d) and shall

be conducted in accordance with the provisions of this Act. The

sorting of ballot papers shall not commence until all the procedures

set down in Parts XIII and XIV of this Act have been completed

and the Commission declares that it is satisfied that there has been

no tampering. The sorting of all ballot papers shall commence at

the same time in all electoral districts.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 86 Tampering with ballot boxes. — GENERAL ELECTIONS ACT Open official source

(1) Political parties contesting the elections shall have the

right to nominate a sufficient number of agents, to be determined

by the Commission, to oversee at all times the receipt of the ballot

boxes, documents and packets, by the Commission from the

Assistant Commissioners and the storage of the said ballot boxes,

documents and packets after the receipt thereof. These agents shall

henceforth in this Act be referred to as "delivery agents".

(2) Party delegates, candidates as well as delivery agents shall

have the right to monitor the receipt of the ballot boxes by the

Electoral Commission from the Assistant Commissioners and to

make representations thereon.

(3) If any of the Commissioners or any party delegate,

candidate or delivery agent claims that any ballot box or package is

received in a state that it gives rise to suspicion that it may have

been tampered with, the Commission shall order such box or packet

to be dealt with separately from the other boxes or packets, and

shall immediately call a meeting of the Commission and at such

meeting the Commission shall have the power to hear such

evidence under oath as it deems necessary.

(4) Where the Commission decides that there is no evidence

that justifies the suspicion that the box or packet has been tampered

with, its decision shall be final and no appeal shall lie therefrom.

(5) Any claim as is referred to in the previous sub-articles of

this article shall be made as soon as the ballot box or packet is

delivered by the Assistant Commissioners to the Commission and

for this purpose the Commission shall ensure that the party

delegates, candidates or delivery agents are given adequate

facilities to attentively inspect the ballot boxes, documents or

packets.

(6) It shall be the duty of the Commission to ensure the

mathematical accuracy of the ballot paper account and that this

tallies with the declared number of voting documents returned by

the Assistant Commissioners. Political parties shall have the right

to demand that the Commission shall for this purpose open all

packets containing voting documents relative to not more than ten

per cent of all ballot boxes in order to physically check the

accuracy of such returns.

(7) Political parties shall select the ballot boxes in relation to

which the packets containing voting documents are to be opened

during delivery of the ballot boxes to the Commission and prior to

the storage of the ballot boxes.

(8) As each ballot box is received and cleared by the

Commission in terms of this article it shall be transferred to the

room designated by the Commissioners for the storage of all ballot

boxes in terms of article 45. Ballot boxes shall be transferred from

this room to the counting area as soon as the first ballot box arrives

for the purpose of undertaking the Ballot Paper Account

Reconciliation process mentioned in the following Part of this Act.

(9) As soon as practicable after all ballot boxes have been

received and cleared in terms of this article and prior to the start of

the sorting process the Electoral Commission shall publicly declare

the total number of ballot papers declared to be cast in accordance

with the ballot paper accounts delivered by the Assistant

Commissioners as well as the number of ballot papers in each

ballot box as resulting from the same account.

(10) The Commission shall preserve until the publication of the

official results of the next following election all papers delivered to

them by the Assistant Commissioners, as well as the unused ballot

papers and the voting documents, in separate sealed packets

indicating on each packet the nature of the documents contained

therein, and the electoral division to which they appertain.

(11) On every packet as is referred to in the preceding sub-

article there shall be affixed the seal of the Electoral Commission

and the signature of at least two Commissioners, and of any party

delegate, candidate or delivery agent who may wish to sign it.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 87 Counters, supervisors and calculators. — GENERAL ELECTIONS ACT Open official source

(1) The Commission shall appoint a number of persons to

act as counters, supervisors and calculators to assist it in the

counting and transfer of ballot papers which shall be effected under

the direct supervision of the Commission.

(2) The provisions of article 58(1) shall mutatis mutandis apply

to the office of the counter, supervisor and calculator as it applies

to the office of Assistant Commissioner.

(3) A list of the persons appointed as counters, supervisors and

calculators shall be published by the Commission in the Gazette,

together with the list of persons appointed as Assistant

Commissioners and the procedure established for the nomination

by political parties and for objections to Assistant Commissioners

shall mutatis mutandis apply to supervisors and counters.

(4) All counters, supervisors and calculators shall be issued

with identity documents specifying the details provided for party

agents. The identity documents shall be worn at all times by the

counters, supervisors and agents whilst in the precincts of the

building where the counting of ballot papers is held.

(5) The calculators shall perform all mathematical calculations

connected with the counting of ballot papers and the Commission

shall ensure that the persons so chosen are proficient in

mathematical calculations.

(6) Supervisors shall be responsible for a number of counters

and shall oversee the opening of ballot boxes, and the sorting and

counting of ballot papers for every electoral division. The Electoral

Commission shall ensure that at all times during the counting of

ballot papers there are no less than two supervisors for each

electoral division and that the political parties are adequately

represented in the choice of persons to act as supervisors for each

electoral division.

(7) Counters shall work under the direction of the supervisors;

they shall physically sort and count the ballot papers. The Electoral

Commission shall ensure that there are a sufficient number of

counters in every electoral division to ensure a quick and efficient

counting process and that the political parties are adequately

represented at all times during the counting of ballot papers in the

choice of persons to act as counters in each electoral division.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 88 Commissioners may appoint persons to assist them in the counting of ballot papers. — GENERAL ELECTIONS ACT Open official source

(1) The Commission may authorise any one or more of its

members or any other person or persons appointed by it to do

anything on its behalf in connection with the receipt and storage of

ballot boxes and the counting and transfer of ballot papers and

anything done by virtue of such authority shall be deemed to have

been done by the Commission.

(2) The Commissioners or any one or more of them shall

administer to every person authorised to act for the Commission

under the provisions of this article, an oath for the faithful

discharge of the duties assigned to him.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 89 Candidates and Agents. — GENERAL ELECTIONS ACT Open official source

(1) Unless this Act otherwise provides, candidates and

candidates’ agents shall have free access to the building where the

counting of ballot papers will take place, and to the counting hall,

at all times.

(2) Every political party shall moreover have the right to

nominate a number of agents equal to ten more than double the

number of candidates presented by it to contest the election and

such agents shall at all times have access to the said building and to

the counting hall at all times. These agents shall henceforth in this

Act be referred to as "counting agents".

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

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

Commission in the Gazette indicating the name, address and a legally

valid identification document number of each agent and the party

nominating him.

The list of such agents shall be presented to the

Commission at least twenty one days prior to the start of the poll;

the Commission shall inform the political parties of all the agents

so nominated so that the said political parties may have an

opportunity to make representations to the Commission before the

same accepts or rejects them; the agents so nominated are to be of

good character and acceptable to the Commission.

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

start of the poll, be published by the Commission in the Gazette

indicating the name, address and a legally valid identification

document number of each agent and the party nominating him.

The political parties nominating such agents may up to the

Thursday before the poll substitute not more than ten per centum of

the number of agents appointed by it and the procedure established

in this article shall apply to the nom inat ion, ob jection and

acceptance of the substitute agents.

(3)

The party delegates, candidates and counting agents shall

be issued with an identity document indicating the details required

for election agents and such identity document is to be worn at all

times on entry into and inside the building or complex wherein the

ballot papers are counted.

Identity documents shall be printed on security paper and

shall clearly distinguish between each group of delegates and

agents as well as between delegates and agents nominated by one

political party and those nominated by other political parties.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 90 Building where counting of ballot papers will take place. — GENERAL ELECTIONS ACT Open official source

With respect to the building designated by the Commission

for the counting of ballot papers the Commission shall ensure that

(a) all roads of access at least within 500 metres of the

said building are closed and patrolled by the Police

who shall permit entry only to authorised persons and

only after scrupulously having ascertained their

identity;

(b) entry into the actual building or perimeter shall be

checked by both the Police, the Commission and

representatives of the political parties;

(c) a number of rooms as may be necessary either in or as

near as possible to the building wherein the counting

hall is situated shall be provided to ensure full press

and broadcasting coverage of the counting and transfer

of ballot papers provided that the entrance to such

room shall at all times be guarded by the Police who

shall only allow entry to bona fide broadcasting

personnel and newspaper reporters who shall have

been previously accredited by the Commission; the

Commission having the right and the duty to ensure

that all the broadcasting personnel and newspaper

reporters so accredited by it, carry out only those

functions directly related to their profession, failing

which such an accreditation is to be cancelled by the

Commission. The Commission is further bound to give

the delegates of the political parties, not later than five

days prior to the date of the poll, a detailed list of all

those persons accredited by it to carry out any

functions at the counting hall during the counting

process;

(d) an area adjacent and communicating with the counting

hall shall be provided for the storage of the ballot

boxes and that during the time the boxes are stored in

such area they shall at all times be visible from all

parts of the counting hall; and the party delegates and

their sub-delegates shall have the right of free access

thereto at all times;

(e) a number of rooms as near as possible to the counting

hall shall be provided for every political party

contesting the election and shall be equipped with such

facilities as the Commission, after consulting the

political parties, thinks fit;

(f)

in the counting hall itself counters shall be separated

from the candidates and agents by a wall of

unbreakable transparent material or similar sturdy

transparent material except for some means, including

any appropriate electronic device, of clear

communication for the purpose of speaking through

and except in the cases expressly provided for in this

Act, access to the area designated by the Commission

for the counting of ballot papers shall only be allowed

to candidates and agents with the express consent of

the Commission; provided that the party delegates and

six substitutes thereof, previously nominated by such

delegates, shall have free access to the counting area at

all times;

(g) the disposition of the counting area shall be such that

as far as possible all the counting process can be

closely viewed by candidates, agents and

representatives of political parties;

(h) all rooms and corridors which are not being used for a

purpose designated by the Commission shall be barred

and all areas leading thereto closed;

(i)

adequate back up facilities for services failure are

provided especially with respect to lighting;

(j)

there is strict security at all times in and around the

building, that entry is restricted to authorised persons

only and that no lethal instruments or instruments

which may be rendered lethal are introduced in the

building;

(k) at least thirty days before the start of voting the

Commissioners shall show the party delegates how

they propose to allocate and separate the different

areas of the said building and shall consider

suggestions made by the said delegates in this regard;

(l)

notwithstanding anything else contained in this Act,

the party delegates and their substitutes, shall at all

times have access to any part of the building including

any restricted area for the purpose of ensuring that the

provisions of this Act are being enforced.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 91 Broadcasting coverage. — GENERAL ELECTIONS ACT Open official source

The Commission shall ensure that as far as practicable full

and constant broadcasting coverage is given of the counting and

transfer of ballot papers and for such purpose shall allow entry into

the building to bona fide broadcasting personnel and apparatus.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 92 Appointment of persons to ensure proper running of building, etc. — GENERAL ELECTIONS ACT Open official source

(1) The Commission shall appoint such persons as it

considers appropriate to ensure the proper running and maintenance

of the building designated for the storage of ballot boxes and the

counting of votes and a list of such persons shall be sent to the

political parties at least six days prior to the poll.

(2) In extraordinary circumstances, the Commission shall allow

entry to the building designated for the storage of ballot boxes and

the co unti ng of vot es to such ot her person s as it considers

necessary provided that in no case shall it allow entry to the public

generally.

(3) All persons, except for Police officers and members of the

Armed Forces of Malta, allowed entry into the building designated

for the storage of the ballot boxes and the counting of votes shall be

issued by the Commission with identity cards specifying the details

required for counting agents and shall wear such identification at

all times when they are within the said building or the precincts

thereof.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 93 Representations to Commissioners. — GENERAL ELECTIONS ACT Open official source

Notwithstanding anything else contained in this Act,

candidates and the counting agents shall at all times have access to

the Commissioners for the purpose of making representations on

their own behalf or on behalf of the party represented by them.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 94 Direction of building. — GENERAL ELECTIONS ACT Open official source

The Commission shall have the sole direction of the

building designated for the counting and transfer of ballot papers

and shall have the right to give such orders as are necessary for the

maintenance of order and security within the building.

PART XIV

Ballot Paper Account Reconciliation

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 95 Reconciliation of ballot paper account. — GENERAL ELECTIONS ACT Open official source

Immediately after ballot boxes start being deposited in the

room designated by the Commission to hold the ballot boxes in

terms of article 45, the Commission shall immediately proceed to

reconcile the Ballot Paper Account of each box delivered by the

Assistant Commissioners with the actual number of votes in that

box and for this purpose shall release from the said room

(immediately after they are received therein ensuring that no

confusion is created on the counting tables) the ballot boxes to the

counting tables of each appropriate electoral division for the

purpose of effecting such reconciliation.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 96 Removal of ballot boxes from strong room. — GENERAL ELECTIONS ACT Open official source

(1) Prior to the removal of each ballot box from the room

designated by the Commission to hold all the ballot boxes in terms

of article 45, the party delegates or their substitutes shall have the

right to examine the seals affixed to each ballot box.

(2) Any objection raised by the party delegates or their

substitutes as to the integrity of such seals shall be examined by the

Commission whose decision thereon shall be final and not subject

to appeal.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 97 Opening of each ballot box. — GENERAL ELECTIONS ACT Open official source

The Commission may order any number of ballot boxes to

be opened simultaneously in each electoral division provided that

adequate precautions are taken to ensure that the ballot papers from

different ballot boxes are kept separate and prior to the opening of

each ballot box the Commission shall cause the ballot paper

account for that ballot box to be affixed in such a manner that it

may be clearly seen by the candidates and agents and shall show

the candidates and agents the seals on the ballot box in order that

they may ascertain that such seals are intact.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 98 Objections to opening of ballot box. — GENERAL ELECTIONS ACT Open official source

Any party delegate, candidate or agent may, prior to the

opening of the ballot box, make representations claiming that the

seals of the box have been tampered with. Where such an objection

is made the box shall not be opened until the Commission, after

consulting the party delegates or their substitutes, shall have given

such directions and taken such measures as it may consider

necessary.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 99 Checking of ballot paper account. — GENERAL ELECTIONS ACT Open official source

Where no objections are made and where the Electoral

Commission in terms of the previous article of this Act so directs,

the ballot box shall be opened and the number of ballot papers

contained therein shall be counted, face downwards, to ascertain

that the number of ballot papers in that ballot box corresponds to

the ballot paper account

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.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 100 When ballot papers do not tally with ballot paper account. — GENERAL ELECTIONS ACT Open official source

Where the ballot papers in the ballot box do not tally with

the ballot paper account the attention of the Commission shall be

drawn to the fact and the Commission, after consultation with the

party delegates, or their substitutes, shall give such directions as it

may deem fit and such decision shall be final.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 101 When ballot papers and ballot paper account tally. — GENERAL ELECTIONS ACT Open official source

Where the ballot papers in the ballot box and the ballot

paper account tally, the ballot papers shall be put together and

placed in a pigeon hole indicating the number of the ballot box. The

pigeon hole and ballot papers must at all times be clearly visible by

parties, candidates and agents. The ballot papers in each pigeon

hole shall be put in parcels of fifty ballot papers each with any

remainder being put at the bottom of the pile and the supervisor

shall ensure that each parcel is counted for accuracy by more than

one counter.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 102 All ballot boxes to be opened. — GENERAL ELECTIONS ACT Open official source

The process described in articles 95 to 101 shall be

repeated until all ballot boxes have been opened to ascertain that

the ballot papers in each box tally with the ballot paper account

relative to it.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 103 Ballot papers belonging to other Electoral Divisions. — GENERAL ELECTIONS ACT Open official source

(Repealed by Act XVI.2002.25).

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 104 Number of votes cast. — GENERAL ELECTIONS ACT Open official source

(1) After all ballot boxes in all electoral divisions have

been opened and reconciled with the relative ballot paper account

the Electoral Commission shall prior to proceeding to the sorting of

votes declare the total number of votes cast and their distribution

by ballot box and electoral division.

(2) The Electoral Commission shall cause the papers held in

each electoral division and belonging to other divisions to be

transferred to the divisions to which they properly belong.

(3) The Electoral Commission shall declare the total number of

votes which each electoral division will be transferring subdivided

according to the electoral division it will be transferring them to.

(4) The physical transportation of the papers from one division

to another shall be performed either by the Commissioners or by

the supervisors and in such a manner as not to create confusion.

PART XV

Sorting of Votes, Casual Elections and Co-options

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 105 Sorting of ballot papers, casual elections and co- options. — GENERAL ELECTIONS ACT Open official source

(1) Ballot papers shall be sorted in accordance with such

regulations which the Prime Minister may make from time to time.

(2) Regulations made in accordance with this article shall also

regulate casual elections and co-option of members to fill vacancies

among the membership of the House.

(3) Regulations made in accordance with sub-article (1) shall

not come into force unless and until the House so resolves by

resolution. Notice of the approval of such resolution shall be

published in the Gazette by the Clerk of the House.

(4) The regulations contained in the Thirteenth Schedule or,

when an Electronic Counting System is being used, Thirteenth-A

Schedule to this Act shall, until such time as regulations are made

in accordance with sub-articles (1) to (3), regulate the sorting of

ballot papers, casual elections and co-option of members to fill

vacancies among the membership of the House.

PART XVI

Publication of results

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 106 Publication of result of election and of counting details. — GENERAL ELECTIONS ACT Open official source

(1) The Commission shall, not later than on the working

day following that on which the result of the counting of the votes

has been ascertained, publish a declaration containing the names of

the candidates elected and such other particulars as the

Commission may consider necessary.

(2) The Commission shall deposit the declaration aforesaid

with the Clerk of the House and shall cause a copy of such

declaration to be published without delay in the Gazette.

(3) Every candidate whose name is published in the Gazette in

accordance with the provisions of article 54(1) or who is declared

elected in accordance with the provisions of this article shall be

considered to be a Member of the House of Representatives.

(4) The Commission shall publish in the Gazette not later than

seven days after the end of counting a declaration of the result of

the election which declaration shall include a record of the total

votes cast, both on a national level and subdivided by polling

booth, the total valid and invalid votes, the total votes credited to

each political party, the quota for each electoral division, the record

and result in all stages of any transfer of votes between political

parties, the first preference credited to each candidate, any transfer

of votes made, and of the total number of votes credited to each

candidate after any such transfer, and any such other information as

t h e E l e c t o r a l C o m m i s s i o n m a y c o n s i d e r n e c e s s a r y. S u c h

declaration shall be in such form as the Electoral Commission may

determine as likely to impart easily all the information likely to be

required by the public.

(5) Within three months of the publication of the official

results of the election the Election Commission shall publish a

report explaining in detail what steps were taken by them to

perform the various duties imposed on them by this Act, to give all

relevant statistics connected with the election including the

publication of all statistics regarding eligible voters, printing and

distribution of voting documents and ballot papers, voters per

polling place, returns submitted by Assistant Commissioners and

the like, and to make such suggestions as they consider necessary.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 107 Preservations of documents. — GENERAL ELECTIONS ACT Open official source

(1)The Commission shall preserve until the publication of

the official result of the next following election all used ballot

papers for each electoral division in separate sealed packets, as

follows Where an Electronic Counting System is used

All ballot papers contained in each ballot box sorted in unique

identifier order in all other cases

(a) the spoilt ballot papers;

(b) the invalid ballot papers;

(c) the papers at the completion of the counting in the

parcel of each elected candidate and of each non-

elected candidate whose papers have not been

transferred;

(d) all the non-transferable papers not retained in the

parcel of an elected candidate.

(2) The Commissioners shall endorse on each packet a

description of its contents, the date of the election and the number

of the electoral division to which they relate.

(3) The Commission shall further preserve for the same period

for each electoral division a copy of the declaration of the result of

the count and of any document showing the operations of the

transfer of each surplus

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.

(4) Party delegates, candidates and counting agents shall have

the right to affix their seals and signatures to such packets.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 108 Power of court to order unsealing of packets. — GENERAL ELECTIONS ACT Open official source

It shall be lawful for the Constitutional Court before which

any question is brought as to the right of any person to be or to

remain an elected Member of the House and for any court before

which any proceedings are commenced in accordance with the

provisions of this Act to order the opening of the packets referred

to in article 78(1) and in article 107 and the production of one or

more of the documents therein contained under such conditions and

precautions as may be necessary to maintain the secrecy of the

voting consistently with the due administration of justice.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 109 Candidates returned in both divisions. — GENERAL ELECTIONS ACT Open official source

(1)If at an election any person is returned as a member for

two divisions, such person shall, by a writing under his hand

delivered to the Clerk of the House on or before appearing to take

the oath or to make the affirmation prescribed by article 68 of the

Constitution declare which of the two divisions he elects to

represent.

(2) As soon as a person who is returned for two divisions

declares which of the two divisions he elects to represent, he shall

be deemed to have vacated his seat in the other division.

PART XVII

Penal Provisions

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 110 Penalty for giving false information. — GENERAL ELECTIONS ACT Open official source

Any person who knowingly makes or subscribes to a false

declaration or otherwise gives false information in connection with

the registration, transfer or cancellation of any voter shall be guilty

of an offence against this Act and shall, on conviction, be liable to

imprisonment for a term not exceeding one month or to a fine

(multa) not exceeding two hundred and thirty-two euro and ninety-

four cents (232.94) or to both such imprisonment and fine.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 111 Penalty for misconduct in polling places, etc. — GENERAL ELECTIONS ACT Open official source

Every person who misconducts himself in any polling

place or contravenes any of the provisions of article 66 or 67 or

takes part in any public meeting or public demonstration held in

contravention of any of the provisions of this Act, or fails to obey

the lawful order of the Assistant Commissioners or other lawful

authority in relation to an election, shall, on conviction, be liable to

a fine (multa) not exceeding two hundred and thirty-two euro and

ninety-four cents (232.94).

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 112 Penalty for offences in respect of nomination, etc. — GENERAL ELECTIONS ACT Open official source

(1) Every person who -

(a) forges or fraudulently defaces or fraudulently destroys

any nomination paper or delivers to the Commissioner

any nomination paper knowing the same to be forged;

or

(b) forges or counterfeits or fraudulently defaces or

fraudulently destroys any voting document or ballot

paper or the official mark on any ballot paper; or

(c) without due authority supplies any voting document or

ballot paper to any person; or

(d) forges or counterfeits or is in unlawful possession of

any stamp or seal used by the Chief Electoral

Commissioner or the Election Commissioners or the

Assistant Commissioners; or

(e) is in unlawful possession of any voting document or

ballot paper; or

(f)

fraudulently puts into any ballot box anything other

than the ballot paper which he is authorised by law to

put in; or

(g) fraudulently takes out of the polling place any ballot

paper; or

(h) without due authority, destroys, takes, opens or

otherwise interferes with any ballot box or packet of

ballot papers then in use for the purpose of the

election; or

(i)

accepts a voting document, whether belonging to him

or to any other person, when he is aware that he or

such other person to whom the voting document refers

has lost his right to vote; or

(j)

votes when he knows that he has lost the right to vote;

(k) without authorisation of the Commission takes any

photographic or video image at a polling place on any

polling day,

shall be guilty of an offence and shall be liable, on conviction, to a

fine (multa) not exceeding one thousand and one hundred and

sixty-four euro and sixty-nine cents (1,164.69) or to imprisonment

for a term not exceeding six months or to both such fine and

imprisonment.

(2) Every person who aids or abets the commission of an

offence under this article or attempts to commit any such offence

shall be liable, on conviction, to the punishment provided for the

offence.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 113 Infringement of secrecy as to manner of voting. — GENERAL ELECTIONS ACT Open official source

Every Assistant Commissioner who shall reveal the

manner of voting of any voter when such manner of voting shall

have come to his knowledge in the course of the exercise of his

functions under this Act shall be guilty of an offence, and shall, on

conviction, be liable to a fine (multa) not exceeding four hundred

and sixty-five euro and eighty-seven cents (465.87) or to

imprisonment for a term not exceeding one month or to both such

fine and imprisonment.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 114 Prohibition of activities capable of influencing voters immediately before the election. — GENERAL ELECTIONS ACT Open official source

(1) During the day on which an election of Members of

the House is held and during the day immediately preceding such

an election, no person shall address any public meeting or any other

gathering whatsoever in any place or building accessible to the

public, or on the broadcasting media, on any matter intended or

likely to influence voters in the exercise of the franchise, or publish

or cause to be published any newspaper, printed matter or other

means of communication to the public containing any matter

aforesaid, or issue or cause to be issued any statement or

declaration on any matter aforesaid or knowingly distribute any

newspaper, printed matter, or other means of communication, or

any statement or declaration as aforesaid, and any person acting in

contravention of any of the provisions of this article shall be liable

on conviction to a fine (multa) not exceeding one thousand and one

hundred and sixty-four euro and sixty-nine cents (1,164.69) or to

imprisonment for a term not exceeding six months, or to both such

fine and imprisonment.

(2) Every person who aids or abets the commission of an

offence under this article or attempts to commit any such offence,

shall be liable on conviction to the punishment provided for the

offence.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 115 Competent courts. — GENERAL ELECTIONS ACT Open official source

(1) All questions regarding the right of any person to be

or remain a Member of the House shall be referred to and decided

by the Constitutional Court.

(2) Any criminal proceedings for offences under this Act shall

be brought before the Courts of Magistrates and subject to the

following provisions of this article, the provisions of the Criminal

Code shall apply to any such proceedings.

(3) Notwithstanding anything contained in the Probation Act, a

person who commits any offence under this Act shall be convicted

and sentenced in respect of that offence and may not be placed on

probation or discharged under that Act.

(4) Every decision of the Courts of Magistrates in respect of an

offence under this Act, may, in all cases, be appealed against by the

Attorney General and by the party convicted.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 116 Prohibition of display of posters, etc. — GENERAL ELECTIONS ACT Open official source

(1) Except as provided in sub-article (2) it shall not be

lawful for any person, at any time in contemplation or in

anticipation of an election, to display or cause to be displayed in a

public place, or in a place accessible to the public or visible from

any public place, any bill, poster or other advertisement intended or

likely to influence voters in the exercise of the franchise, or to

write or make or cause to be written or made on any wall or other

place visible from a public place any word or sign intended or

likely to influence voters in the exercise of the franchise.

(2) The provisions of sub-article (1) shall not apply to any bill,

poster or other advertisement which -

(a) is worn or carried by a person; or

(b) which is displayed on the inside of a private building

even though it may be visible from a public place;

(c) is displayed on a duly authorised billboard; and

(d) is displayed on a duly authorised streamer.

(3) Any person acting in contravention of any of the foregoing

provisions of this article shall be liable on conviction in respect of

each offence to a fine (multa) not exceeding one thousand and one

hundred and sixty-four euro and sixty-nine cents (1,164.69) or to

imprisonment for a period of not more than six months, and in

respect of any second or subsequent offence to both such fine and

imprisonment.

(4) It shall be the duty of the Police to remove or otherwise

cancel or delete anything displayed, written or made in

contravention of any of the provisions of sub-article (1).

PART XVIII

Saving and Repeal

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 117 Right of action before Constitutional Court. — GENERAL ELECTIONS ACT Open official source

Notwithstanding any other provision contained in this Act,

whereby the decision of the Commission is declared as final and/ or

not subject to appeal such provision shall not exclude recourse to

the Constitutional Court by any person on an action to invalidate

the election, whether in any or in all divisions.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 118 Repeal. — GENERAL ELECTIONS ACT Open official source

Subject to the provisions of article 12 of the Interpretation

Act, the Electoral (Franchise, Method of Election and Registration

of Voters) Ordinance, and the Electoral Polling Ordinance, except

articles 41 to 62 thereof, which articles are reproduced in the

Fourteenth Schedule to this Act, are hereby repealed.

PART XIX

Saving as to Right of Political Parties

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 119 Non-exercise of certain rights. — GENERAL ELECTIONS ACT Open official source

The non-exercise by any political party, delegate,

candidate, agent or any person nominated for appointment by a

political party, of any right, power or privilege granted by this Act

shall not of itself invalidate any action or procedure in respect of

which the right, power or privilege has been granted by this Act.

Laws of Malta — Chapter 354 — GENERAL ELECTIONS ACT
Art. 120 Electronic Equipment. — GENERAL ELECTIONS ACT Open official source

The Commission may make use of electronic equipment to

count the ballot papers in accordance with Schedule 13 of this Act.

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