LOCAL ELECTIONS (EUROPEAN UNION VOTERS) [ S.L.460.02 1 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. 1. The title of this order is the Local Elections (European Union Voters) Order. Citation. 2.
(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. Purpose and scope of Order.
(2)This order shall apply with respect to elections under the Local Government Act held after the 1st May,
- Cap.
- 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. European Electoral List.
- 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. European Electoral List to form part of European Electoral Register. Cap. 363. 5. For the purposes of article 3 a person shall be entitled to have his name entered in the European Electoral List if: Persons entitled to be registered in European Electoral List. Amended by: L.N. 426 of 2012. Cap. 354. (
- 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 Cap. 354. Cap. 467. Cap. 467. Cap. 467. Cap. 258. 2 [ S.L.460.02 LOCAL ELECTIONS (EUROPEAN UNION VOTERS) residence in Malta; and Cap. 467. Registration in the European Electoral List. (
- d)he is not a person falling under the description in article 12(
- a)or (
- b)or (
- c)of the European Parliament Elections Act. 6.
(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.