EUROPEAN PARLIAMENT ELECTIONS ACT

EUROPEAN PARLIAMENT ELECTIONS

CHAPTER 467

EUROPEAN PARLIAMENT ELECTIONS ACT

To make provision for the holding of elections to the European

Parliament.

1st January, 2004

ACT XVI of 2003 , as amended by Legal Notices 427 of 2007 , 308

and 426 of 2012 , 77 of 2014 , Act VII of 2014 and IV of 2018 and Legal

Notice 24 of 2019 and 61 of 2019

The short title of this Act is the European Parliament

Elections Act.

(Article 9)

Form of Notice by the Electoral Commission.

The Electoral Commission established in terms of article 60 of the Constitution

hereby notifies that in virtue of the provision of the European Parliament Elections

Act, an election is being held on Saturday, ................................... .

In this Act, unless the context otherwise requires

"the Act" means the Act of the member States of the European

Communities concerning the election of the representatives of the

Assembly by direct universal suffrage annexed to Decision 76/787/

ECSE, EEC, Euratom published in the Official Journal of the

European Union, as from time to time amended;

"competent authority" means the body in a Member State

charged with the conduct of elections of members of the European

Parliament and the registration of voters therefor; the competent

authority shall be the contact point to receive and transmit the

information necessary for the application of the provisions of

Article 6(3) of Directive 93/109/EC;

"election of members of the European Parliament" means

elections of members of the European Parliament held in

accordance with, and pursuant to, the Act and the Treaty;

"Electoral Commission" means the Electoral Commission

established by article 60 of the Constitution;

"Electoral Register" means the Electoral Register published in

accordance with the provisions of the General Elections Act;

"Electoral Roll" in relation to Malta means the Electoral Register

and the European Union Electoral Register and in relation to other

Member States means the official register of all voters entitled to

vote in a particular constituency or locality, drawn up and kept up

to date by the competent authority under the applicable electoral

law of the Member State or the population register where such

register indicates eligibility to vote;

"European Parliament" means the European Parliament referred

to in the Treaty;

"European Union" means the European Union referred to in the

Treaty;

"European Union Electoral Register" means the register of voters

kept in accordance with articles 11 to 14;

"Home Member State" means the Member State of which a

person is a national;

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"Member State" means a State which is a member of the

European Union;

"the Treaty" has the same meaning assigned to it in article 2 of

the European Union Act.

L.N. 427 of 2007.

(Article 21)

Provisions Regulating the Conduct of Elections of Members to the European

Parliament

1. Application of the General Elections Act, Cap. 354.

The General Elections Act, including the Schedules attached thereto and any

regulations made thereunder, shall apply to the election of members of the European

Parliament as if

(a) unless otherwise determined by the Electoral Commission because of

their context, references therein to election, general election or election

of the members of the House of Representatives were references to

elections of the members to the European Parliament;

(b) unless otherwise determined by the Electoral Commission because of

their context, references therein to candidates were a reference to

candidates for election as members to the European Parliament;

(c) unless otherwise determined by the Electoral Commission because of

their context, references therein to the transfer of the registration of a

voter in Part II thereof include the transfer of registrations between the

Electoral Register and the European Union Electoral Register and vice-

versa;

(d) unless otherwise determined by the Electoral Commission because of

their context, references therein to divisions or electoral divisions were

references to the territory of Malta as a single electoral division under

this Act;

(e) unless otherwise determined by the Electoral Commission because of

their context, references therein to the Electoral Register were

references to the European Union Electoral Register, or according to the

context, also to the European Union Electoral Register;

(f) unless otherwise determined by the Electoral Commission because of

their context, references therein to voters and registered voters include

voters registered in the European Union Electoral Register;

(g) the number of district agents to be nominated by each political party in

terms of article 61A(1) thereof was a number equal to the number of

electoral divisions in which Malta was divided in the last general

election held immediately before the holding of the election of members

of the European Parliament;

EUROPEAN PARLIAMENT ELECTIONS

(h) the number of counting agents to be nominated by the political parties

in terms of article 89(2) thereof was such number as is equal to the

number of counters being used by the Electoral Commission at the time

in question;

(i) reference to the Writ therein were a reference to the Notice issued by the

Electoral Commission in terms of article 9 of this Act;

(j) articles 15 to 18, 77(2), 103, 104(2) to 104(4), and 109 thereof were

deleted; and

(k) in the Thirteenth Schedule thereto all references to the transfer of votes

between divisions were deleted.

2. Application of the Electoral Polling Ordinance, Cap. 102.

The Electoral Polling Ordinance shall apply to the election of members of

the European Parliament as if the references therein to election and election of the

House of Representatives were references to the election of members of the

European Parliament

Provided that for the purposes of elections of members of the European

Parliament the reference to one thousand and four hundred euro (€1,400) and seven

thousand euro (€7,000) in article 46 thereof were a reference to such sum as the

Prime Minister may from time to time establish under 21(4) of this Act.

The election of members of the European Parliament shall

be held in accordance with the provisions of this Act.

The number of members of the European Parliament to be

elected shall be that established by or under the Treaty.

(1) Elections of members of the European Parliament shall

be held every five years commencing in 2004, on the second

Saturday in June or on such other date as the Prime Minister may

by notice in the Gazette from time to time establish.

(2)

Voting shall start at 7.00 a.m. and close at 10.00 p.m.

The registration of voters for Elections of members of the

European Parliament, the conduct of the relevant elections and the

counting of votes shall be the sole responsibility of the Electoral

Commission.

The election of Members of the European Parliament shall

be conducted according to the principle of proportional

representation by means of the single transferable vote, each voter

having one such vote.

For the purpose of election of Members of the European

Parliament the territory of Malta shall constitute one single

electoral division.

At least thirty five-days before the day fixed for election of

Members of the European Parliament, the Electoral Commission

shall issue and publish in the Gazette a notice in the form set out in

the First Schedule.

Every person whose name appears in the Electoral Register

last published before the date fixed for the election and every

person whose name appears in the European Union Electoral

Register and who in either case has not, following the publication

of the said Electoral Register or the said European Union Electoral

Register, been convicted of any offence connected with the election

of members to the House of Representatives or with the election of

members of Local Councils or with the election of members of the

European Parliament shall be entitled to vote in elections of

members of the European Parliament.

Subject to the provisions of article 12 a person shall be

qualified to be registered in the European Union Electoral Register,

if

(a) he is a national of a Member State whose name does

not appear in the Electoral Register; and

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(b) he is requested to be, and is, in possession of a legally

valid identification document in accordance with the

Identity Card and other Identity Documents Act; and

(c) he fulfils the requirements listed in article 57(b) and

(c) of the Constitution

Provided that for the purposes of this paragraph

residence in any Member State shall be deemed to be

residence in Malta;

(d) he declares that he will exercise his right to vote for

election of members of the European Parliament in

Malta only; and

(e) he has not been deprived of the right to vote in his

Home Member State,

and unless he satisfies the requirements of paragraphs (a) to (e)

above shall not be so qualified.

No person shall be qualified to be registered in the

European Union Electoral Register if -

(a) he is interdicted or incapacitated for any mental

infirmity by a court in a Member State or is otherwise

determined in a Member State to be of unsound mind;

(b) he is serving a sentence of imprisonment (by whatever

name called) exceeding twelve months imposed on

him by a court in a Member State or substituted by

competent authority for some other sentence imposed

on him by such court; or

(c) he is disqualified for registration as a voter by or under

any law in Malta by reason of his having been

convicted of any offence connected with the election

of members of the House of Representatives, members

of Local Councils or members of the European

Parliament.

(1) The Electoral Commission shall publish the European

Union Electoral Register which shall contain the list of all persons

qualified to be registered therein in accordance with article 11.

(2) The provisions of the General Elections Act relating to the

publication and correction of, and the striking off of names from,

the Electoral Register shall unless otherwise provided in this Act

apply in relation to the European Union Electoral Register.

(3) A Maltese national who is registered in the European Union

Electoral Register who is qualified to be registered in the Electoral

Register shall have his name cancelled from the European Union

Electoral Register upon being registered in the Electoral Register.

(4) A Maltese national who for any reason has his name struck

off the Electoral Register but who is qualified to be registered in

the European Union Electoral Register shall, on his name being

struck off from the Electoral Register, be registered in the European

Union Electoral Register.

EUROPEAN PARLIAMENT ELECTIONS

(1) A person desiring to be registered in the European

Union Electoral Register shall only be so registered and shall only

be entitled to remain so registered if, besides satisfying the

r e q u i r e m e n t s o f a r t i c l e 11 , h e d e c l a r e s t o t h e E l e c t o r a l

Commission

(a) that he is resident in Malta;

(b) his nationality;

(c) the date on which he took up residence in Malta or in

any other Member State;

(d) his address in Malta;’

(e) the locality or constituency in his Home Member State

or any other Member State, if any, on the Electoral

Roll of which his name was last registered;

(f) that he will exercise his right to vote in Malta only;

(g) that he has not been deprived of his right to vote in his

Home Member State;

and he produces to the said Commission a valid identity document.

(2) Where a person satisfies the requirements of subarticle (1),

the Electoral Commission shall enter his name in the European

Union Electoral Register if it is satisfied that he is so qualified in

accordance with article 11.

(1) The Electoral Commission shall notify the competent

authority of the Home Member State of any declaration made by

any person in accordance with article 14, for the sole purpose of

verifying the contents thereof; and where upon information

received from the home Member State it results that the contents of

the declaration are not true, the Electoral Commission shall not

register such person in the European Union Electoral Register, or, if

such person is already registered, it shall strike off his name.

(2) The Electoral Commission shall verify the contents of

similar declarations made to the competent authorities in other

Member States and shall communicate to them any relevant

information in its possession.

(3) Information exchanged in terms of this article shall be

provided in good time and in an appropriate form and manner and

may only include details that are strictly necessary for the

implementation of the provisions of this article and may only be

used for such purposes.

(1) A person whose name appears on the Electoral Roll

may at any time, in writing, request the Electoral Commission to

remove his name from such Electoral Roll and thereupon his name

shall be struck off the Electoral Roll.

(2) In the event that a State ceases to be a Member State of the

European Union, the Electoral Commission shall proceed to cancel

from the European Union Electoral Register any such persons who

are solely so registered on that register by virtue of their being

citizens of that State which has ceased to be a member of the

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European Union, and this without any further notice or

proceedings

Provided that if, following the publication of the notice

provided in article 9 and prior to polling day, a State ceases to be a

Member State of the European Union, the Electoral Commission shall

ensure that all names of citizens of that State shall be struck off the list

of voters referred to in article 64(1) of the General Elections Act, and

such citizens will no longer be entitled to cast their vote

Provided further that any voter who shall not be eligible to vote

on polling day shall not be considered eligible to vote on the first,

second and third voting days.

(3) In the circumstances referred to in the preceding sub-article, the

Electoral Commission shall issue an official notice in the Government

Gazette with a list of names of those citizens whose name is to be struck

off the list of voters.

(1) No person shall in an election of members of the

European Parliament cast his vote in Malta and in another Member

State.

(2) Any person who acts in contravention of the provisions of

subarticle (1) shall be guilty of a n offence and shall upon

conviction be liable to imprisonment for not more than six months

or to a fine (multa) of not more than twenty-three thousand and two

hundred and ninety-three euro and seventy-three cents (23,293.73)

or to both such fine and imprisonment.

(3) For the purpose of ensuring compliance with subarticle (1)

the Electoral Commission shall, sufficiently in advance of the day

fixed for voting, inform the competent authority in the Home

Member State of any person listed in the European Union Electoral

Register who has opted to cast his vote in Malta.

(4) Where the Electoral Commission received information from

the competent authority of another Member State that a person,

whose name is entered in the Electoral Register or the European

Union Electoral Register, has been registered in the Electoral Roll

of such state, it shall for the purposes of the election of members of

the European Parliament strike off that person’s name from the

Electoral Register, or the European Union Electoral Register, as the

case may be.

Subject to the provisions of article 19, a person shall be

qualified to stand for election as a member of the European

Parliament if such person is registered as a voter in the Electoral

Register or in the European Union Electoral Register

Provided that public officers or any class or classes thereof

may be restricted from standing for election as members of the

European Parliament by the Public Service Management Code or

such other regulations, rules or norms applicable from time to time

to the Public Service.

EUROPEAN PARLIAMENT ELECTIONS

(1) Without prejudice to the provisions of the Act, no

person shall be qualified to stand for election as a member of the

European Parliament or, if elected, to remain a member thereof if,

whether in Malta or in any other Member State -

(a) he is a member of any disciplined force as defined in

article 47(1) of the Constitution or of a corresponding

force of another Member State;

(b) he holds any office the functions of which involve any

responsibility for or in connection with the conduct of

elections of members of the European Parliament or

the compilation or revision of any Electoral Roll;

(c) he is an undischarged bankrupt having been adjudged

or otherwise declared bankrupt under any law in force;

(d) he is interdicted or incapacitated for any mental

infirmity or for prodigality by a court or is otherwise

determined to be of unsound mind;

(e) he is serving a sentence of imprisonment (by whatever

name called) exceeding twelve months imposed on

him by a court in a Member State;

(f) he is a member of the judiciary;

(g) he has been deprived of his right to stand as a

candidate in elections to the European Parliament

under either the laws of Malta or of his home Member

State, through an individual judicial decision or an

administrative decision provided that the latter can be

subject to judicial remedies;

(h) he is standing as a candidate for the election of

members of the European Parliament in the same

election in another Member State;

(i) he has not yet attained the age of eighteen years.

(2) The office of member of the European Parliament shall be

incompatible with that of member of the House of Representatives

or of member of a Local Council under the Local Government Act

or of any other similar institution or organ in another Member

State, and where a person who holds one of the said offices is

elected to a second such office that person shall, within five

working days of the publication of the results of the election to

such second office, renounce one of these offices

Provided that where a person fails to renounce one of these

offices within the said term of five working days, he shall be

deemed to have renounced the office of member of the European

Parliament.

(1) A candidate whose name appears on the European

Union Electoral Register shall, when filing his nomination as

candidate, also make a formal declaration in writing to the

Electoral Commission stating that he is not standing as a candidate

in any other Member State; that he has not been deprived the right

to stand as a candidate in the home Member State through an

individual judicial decision or an administrative decision provided

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that the latter can be subject to judicial remedies; and shall also

produce to the Electoral Commission a valid identity document.

(2)

(Deleted by Legal Notice 77 of 2014).

(3) The Electoral Commission shall notify the competent

authority of the Home Member State of the declarations made in

accordance with subarticle (1) for the sole purpose of verifying the

contents thereof and if upon information received from the Home

Member State it results that the contents of the declaration are not

true, the Electoral Commission shall not register the person as a

candidate, or if he is already registered, shall strike off his name

from the list of candidates

Provided that such striking off is effected before the ballot

papers are printed

Provided further that with respect to any such person who is

a Maltese national the provisions of this subarticle shall apply as if

any reference therein to Home Member State were a reference to

the last Member State in which such person resided before taking

up residence in Malta.

(4) The Electoral Commission shall verify similar declarations

notified to it by the competent authority of other Member States

and shall supply such competent authorities with the relevant

information.

(5) Information exchanged in terms of this article shall be

provided in an appropriate manner within five working days from

the receipt of the notification or, where possible, within a shorter

time-limit, if so requested by the Member State of residence. Such

information may only include details that are strictly necessary for

the implementation of the provisions of this article and may only be

issued for such purpose.

(1) Save as otherwise provided in the Second Schedule

and save where such provisions are incompatible with the

provisions of this Act, the provisions of the General Elections Act

and of the Electoral Polling Ordinance shall apply to the conduct of

elections, and to the counting of votes in elections, of members of

the European Parliament.

(2) The Electoral Commission may, from time to time, issue

directives interpreting as may be necessary the provisions of the

General Elections Act and of the Electoral Polling Ordinance in

their application to the election of members of the European

Parliament under this Act. Such directives shall be immediately

applicable and shall be published in the Gazette in the shortest time

practicable.

(3)

(a) The counting of votes shall commence at noon of the

Sunday following the day of voting or at such other

time or day as the Prime Minister may by notice in the

Gazette from time to time establish.

(b) The Electoral Commissioner shall ensure that the result

of the first count of votes is not officially made known

until after the close of polling in all Member States.

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(4) The Prime Minister may by regulations under this

subarticle establish the maximum expenses that may be incurred by

a candidate at an election of members of the European Parliament

or his election agent whether before, during, or after an election on

account of or in respect of the conduct of such election.

Wherever the seat of any Member of the European

Parliament elected under this Act becomes vacant, the vacancy

shall be filled in the manner provided by or under any law for the

time being in force in Malta for the filling of vacancies of members

of the House of Representatives

Provided that where a vacancy is to be filled by means of

co-option, that co-option shall be made by the House of

Representatives from among the candidates who had contested the

same election.

The provisions of this Act, except where the content

otherwise requires apply only in relation to members of the

European Parliament who fall to be elected in Malta.

EUROPEAN PARLIAMENT ELECTIONS