LOCAL ELECTIONS (EUROPEAN UNION VOTERS) ORDER (europeanunionvoters)

LOCAL ELECTIONS (EUROPEAN UNION VOTERS)

SUBSIDIARY LEGISLATION 460.02

LOCAL ELECTIONS (EUROPEAN UNION VOTERS)

ORDER

27th January, 2004

LEGAL NOTICE 39 of 2004, as amended by Legal Notice 426 of 2012.

The title of this order is the Local Elections (European

Union Voters) Order.

(1) This order gives effect to Council Directive 94/80 EC

of the 19th December, 1994, laying down detailed arrangements for

the exercise of the right to vote and to stand as a candidate in

municipal elections by citizens of the Union residing in a Member

State of which they are not nationals.

(2) This order shall apply with respect to elections under the

Local Government Act held after the 1st May, 2004.

The Electoral Commission shall also publish the European

Electoral List which shall contain the list of all persons who are

nationals of a Member State of the European Union who are

resident in Malta and whose name does not appear in the Electoral

Register published in accordance with the General Elections Act or

in the European Union Electoral Register kept in accordance with

the European Parliament Elections Act, and who in accordance

with article 5 are entitled to vote in elections for local councils in

their locality.

The European Electoral List shall for the purposes of

article 5(2) and of any other provision of the Local Government

Act and subject to the provisions of this order, be deemed to be an

integral part of the European Union Electoral Register, kept under

the European Parliament Elections Act, and, subject as aforesaid,

the provisions of the said European Parliament Elections Act,

applicable to the European Union Electoral Register shall apply

thereto.

For the purposes of article 3 a person shall be entitled to

have his name entered in the European Electoral List if

(a) he is a national of a member state whose name does

not appear in the Electoral Register kept in accordance

with the General Elections Act or the European Union

Electoral Register kept in accordance with the

European Parliament Elections Act; and

(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 fulfills the requirements listed in article 57(b) and

(c) of the Constitution

Provided that for the purpose of this paragraph

residence in any Member State shall be deemed to be

LOCAL ELECTIONS (EUROPEAN UNION VOTERS)

residence in Malta; and

(d) he is not a person falling under the description in

article 12(a) or (b) or (c) of the European Parliament

Elections Act.

(1) Any person qualified to be registered in the European

Electoral List may apply for registration to the Electoral

Commission in such form as the said Commission may from time to

time provide for the purpose.

(2) Notwithstanding the provisions of sub-article (1), the

Electoral Commission shall enter the name of any person so

qua lif ie d in th e E urop e an El ec t ora l Li st whet her or not an

application as therein referred to has been made.