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.
\n
(7)Party delegates shall have the right to ask that information, documents and lists which the Commission should forward to them, be forwarded in such electro-magnetic format as the Commission can reasonably supply through the use of its equipment.
\n
PART II
\n
The Local Councils’ Electoral Register Regulations 7 to 14 were revoked by Act XXI.1999.41
\n
PART III
\n
Election Notices, Voting Documents and Ballot Papers Election Notice.
\n
15.(1) Whenever an election is to be held, the Electoral Commission shall issue a Notice, hereinafter referred to as \"the Notice\" in the form set out in the Sixth Schedule.
\n
(2)The Commission shall issue such Notice at least thirty-five days before the day fixed for the election and shall cause it to be published in the Gazette.
\n
Notice to be published by commissioners.
\n
Amended by:
\n
XIX.2018.19;
\n
XI.2019.19.
\n
16.Within three days of the publication of the Notice, the commissioners shall further cause a notice or notices to be published in the Gazette stating:
\n
L O C A L GOVERNMENT (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 councillors, and any objections to such nominations, such place being referred to in the General Elections Act as the Electoral Office. The time during which nominations of candidates for election may be made shall be five days and shall not commence to run before six days from the date of the publication of the notice referred to in this regulation, and the time during which objections to such nominations may be made shall be one day from the expiration of the time fixed for the receipt of nominations; [ CAP. 363. 49 (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 regulation 24(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 the Commission shall store the ballot boxes and count the votes cast, such place being, as far as practicable, in the locality itself and, if possible, the place used as the polling place or one of the polling places in that locality; (d) 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:
\n
Provided that a published decision to use an Electronic Counting System shall not operate so as to prevent the Commission, in its considered opinion, from rescinding or retracting at any time, its decision to use an Electronic Counting System to revert to the manual system as outlined in Schedule Three.
\n
17.(1) Within nineteen days of the publication of the Notice, the Commission shall forward to each voter, whose name appears in the last revised Local Councils’ Electoral Register, a document hereinafter referred to as the \"voting document\" in the form set out in the Seventh Schedule and made of such 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:
\n
Provided that wherever the Commission is satisfied that a person whose name appears on the Local Councils’ Electoral Register is dead, the relative voting docum ent shall not be Voting document.
\n
Amended by:
\n
I. 2005.21;
\n
L.N. 426 of 2012;
\n
XIX.2018.19.
\n
L O C AL GOVERNMENT forwarded, and where such voting document has been forwarded the Commission shall withdraw it:
\n
However the voting documents of the persons listed in the list of residents of the Corradino Correctional Facility according to regulation 48A(3)(d) shall be kept by the Commission and shall be distributed to the voting residents in the mentioned Facility on the polling day established in regulation 48(4)(d)(ii)(cc):
\n
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 Notice, 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-regulation (5); (iii) the voting document of such voters shall only be issued if the voter satisfies the requirements of regulation 18 and shall be in accordance with the provisions of that regulation.
\n
(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.
\n
(3)The voting documents printed in accordance with the previous paragraph of this regulation 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 regulation shall mutatis mutandis also apply with regard to the voting documents which remain undistributed, in terms of sub-regulation (4), when voting documents are issued in terms of sub-regulation (6), and to the voting documents which remain undistributed.
\n
(4)The voting document shall be served on each voter by registered post so however that in urgent or exceptional cases, the Electoral Commission may order that any or all voting documents shall be served by a police officer or any other person approved for the purpose by the Commission. (4A) (a) Any voter who is registered as a voter in Gozo may, in the period of ten days after the publication of the Notice, 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-regulation (6) 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 L O C A L GOVERNMENT 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-regulation. (c) Any voter who is registered as a voter in Malta may, in the period of ten days after the publication of the Notice, 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-regulation (6) 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-regulation. (e) The Commission shall keep a written record of all requests made by virtue of this sub-regulation 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 Notice 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 Commission before 6.00 p.m. of the Thursday before polling day in terms of sub-regulation (6).
\n
(5)When the commissioners are unable to effect service of the document aforesaid they shall as soon as possible, and in no case later than six days from the time established in sub-regulation (1), publish in the Gazette a list 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.
\n
(6)Any person on whom the voting document has not been served and whose name appears in the list published in accordance with the preceding paragraph, may up to the Thursday immediately preceding the day of the voting, appear personally before one of the commissioners or any other person delegated by them and claim delivery of the document:
\n
Provided that the document aforesaid shall not be delivered to him unless he produces his legally valid identification document to the commissioners or the person delegated by them.
\n
(7)Any of the commissioners or other person delegated by them may examine on oath any person for the purpose of ascertaining his identity and of establishing his claim to receive the document. [ CAP. 363. 51 Special voting document.
\n
Amended by:
\n
L.N. 426 of 2012;
\n
XIX.2018.19.
\n
L O C AL GOVERNMENT 18. Where a person whose name appears in the last revised Local Councils’ Electoral Register, but not in the list published under regulation 17(5), has not received the voting document or, after the receipt of such document, has lost or destroyed such do cument, such p erso n m ay not later t han 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 issued specially for the purpose; and in any such case: (i) the name of such person appearing on the list referred to in regulation 34(1) shall be marked \"SPECIAL\"; and (ii) a list of all the persons to whom a voting document is issued under this paragraph shall be kept at the Electoral Office and shall be open to inspection by any candidate, party agent or party delegate at all reasonable times until the poll closes.
\n
Number of voting documents.
\n
Amended by:
\n
L.N. 426 of 2012.
\n
19.(1) Not later than the Friday before the start of the poll, the commissioners shall cause to be published in the Gazette a list indicating the number of voting documents printed, the number distributed in terms of regulation 17(1), the names and addresses of the persons who up to that time have claimed delivery thereof in terms of regulation 17(6), the number of voting documents issued in terms of regulation 18 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 the legally valid identification document numbers of the voters concerned and the number of voting documents remaining uncollected and the names, addresses and the legally valid identification document numbers of the voters concerned.
\n
(2)Any political party shall have the right to nominate representatives to be present during the issuing of the voting documents in terms of regulation 17(6) and regulation 18 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.
\n
Ballot Paper.
\n
Amended by:
\n
XXI. 2007.8;
\n
XIX.2018.19;
\n
XI.2019.19.
\n
20.(1) Two days prior to the commencement of voting, the Commission shall cause to be published in the Gazette the number of ballot papers printed for each locality and the number to be distributed to each individual polling booth. (1A) The Commissionshall not earlier than twenty-one days but not L O C A L GOVERNMENT later than ten days before the poll print according to the Eighth Schedule such number of ballot papers as may be necessary for the poll in such form and on such material as may be provided for in this Act. This does not apply to the printing on the rear of ballot papers according to Schedule 8A. 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, and such documents and materials shall be available for reasonable scrutiny by the 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:
\n
Provided that any objection raised by the political party representatives shall be decided upon 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 materials shall be made within twenty-four hours of the decision of the Commission and communicated to the political party representatives.
\n
(2)The Commission shall ensure as far as is practically possible 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 v ot i n g , t h e C om m i s s i o n s h a l l c a u s e t o b e p ub l i s h e d i n t h e Government Gazette the number of ballot papers printed for each electoral division and the number to be distributed to each individual polling booth.
\n
(3)The ballot paper of each voter shall consist of a paper in the form set out in the Eighth Schedule, 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 with the facial image of each candidate taken in black on a white background and as approved by the Electoral Commission. The photograph shall be submitted to the Commission by electronic means by the fifth day after the established time for objections to a nomination.
\n
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.
\n
(4)Within each locality 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.
\n
(5)Every political party contesting the election shall provide the Commission with the names of the candidates contesting the election in its own interest in each locality. 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 [ CAP. 363. 53 L O C AL GOVERNMENT by the last day of the day fixed for the receipt of nominations.
\n
(6)If supplied by the party to which he belongs, there may 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.
\n
(7)Parties will be placed on the ballot paper in alphabetical order.
\n
Distribution of Ballot Papers.
\n
Amended by;
\n
XIX.2018.19.
\n
21.(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.
\n
(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.
\n
(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.
\n
PART IV
\n
Nomination of Candidates Nomination of Candidates.
\n
Amended by;
\n
XIX.2018.19;
\n
XI.2019.19.
\n
22.(1) A candidate for election shall be nominated in writing or by electronic means: (a) where a candidate is nominated in writing, the nomination paper, which shall be in the form set out in the Ninth Schedule, shall be signed by the candidate himself, (or, in the event of his absence from Malta, by a duly appointed representative), and by, at least, four voters registered in the locality for which the candidate is nominated. The nomination paper shall be delivered to one of the Commissioners at the Electoral Office by the candidate himself or if he is prevented by illness or absence from Malta by his lawful representative within the period specified in the notice referred to in regulation 16; (b) where a candidate is nominated by electronic means, the nomination form, which shall be in the form set out in the Ninth Schedule to this Act, shall be filled in through a website prepared for that purpose by the Commission which nomination shall be electronically signed by the candidate. The nomination will also include an attestation to the nomination by at least four voters registered in the electoral division for which the L O C A L GOVERNMENT [ CAP. 363. 55 candidate is nominated, which attestation shall be provided through the said website in the manner and form established by the Commission. The nomination is to be submitted within the period specified in the notice referred to in regulation 16.
\n
(2)Immediately after a nomination has been delivered to the Commission the name of the candidate shall be shown at the entrance of the Electoral Office with an indication of the locality for which the candidate was nominated.
\n
(3)Objections may be made to a nomination on the ground 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 the Act or of these regulations or that the deposit prescribed by regulation 23 has not been paid:
\n
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 regulation 16.
\n
(4)Every objection shall be in writing and signed by the objector and shall specify the ground of the objection. The Commission itself may lodge an objection.
\n
(5)The Commissioners shall, not later than two days following the expiration of the time fixed for the receipt of objections, decide on the validity of every objection and inform the candidate to whose nomination the objection relates or his lawful representative of their decision and, if the objection is allowed, of the ground of their decision. The decision of the commissioners, if disallowing an objection, shall be final, but if allowing an objection shall be subject to appeal to the Court of Appeal by sworn application filed in contestation with the commissioners not later than twenty-four hours after the Commission has communicated its decision to the candidates and the Court of Appeal shall deal with such sworn application with the utmost urgency.
\n
(6)For the purpose of this regulation, any voter may ask the commissioners to be allowed to see and examine any nomination paper accepted by them.
\n
23.(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), and if he fails to d o so, the nominatio n shall not be accepted by the commissioners:
\n
Provided that the Minister may, from time to time, by notice in the Gazette specify a higher amount which in no case shall exceed seven hundred euro (€700).
\n
(2)If after the deposit is made the candidature is withdrawn in pursuance of the provisions of these regulations, the deposit shall be r eturned to th e 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 Deposit by candidates at elections.
\n
Amended by:
\n
L.N. 425 of 2007.
\n
L O C AL GOVERNMENT heirs and if not made by him, shall be returned to the person by whom it was made.
\n
(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 councillors to be elected for that locality, 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 councillor, and where the candidate is not elected, as soon as practicable after the result of the election is declared.
\n
(4)For the purpose of this regulation 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.
\n
Uncontested and contested elections.
\n
24.(1) If at the expiration of the time fixed for the receipt of nominations, the number of candidates nominated for a locality is equal to or less than the number of councillors that the voters in such locality are entitled to return, the commissioners shall declare the candidates so nominated as elected councillors to represent that locality and such return shall be published in the Gazette.
\n
(2)If the number of candidates nominated for a locality is less than that which the voters in that locality are entitled to return, the Commission shall issue a new Notice for the election of councillors to fill the remaining vacant seats in that locality, and if thereupon no further 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 councillor or councillors by the elected councillor or councillors of the locality and the Commission shall not issue a new Notice in respect thereof. The councillor or councillors so co-opted must have the qualifications established in article 11 of the Act.
\n
(3)If more than such number of candidates as aforesaid be nominated for a locality, the commissioners shall cause a notice to be published in the Government Gazette over their signature stating the names of the candidates and the locality for which they have been nominated. No person whose name has not been published in the said notice may be elected as a councillor.
\n
Withdrawal of candidature.
\n
Amended by;
\n
XIX.2018.19;
\n
XI.2019.19.
\n
25.(1) A candidate may, up to 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 Malta, by his duly appointed representative.
\n
(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.
\n
L O C A L GOVERNMENT 25A. 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 Schedule Three-A or otherwise retains or fails to remove the said data following the conclusion of the verification process shall be guilty of the offence of threatening the secrecy of the vote. [ CAP. 363. 57 Threatening the secrecy of the vote.
\n
Added by:
\n
XI.2019.19.
\n
PART V
\n
Assistant Commissioners 26. (1) Subject to the provisions of the following regulations of these regulations the Commission shall appoint as many assistant electoral commissioners hereinafter referred to as \"assistant commissioners\" as may be necessary, to supervise the election in the manner herein prescribed. No assistant commissioner shall be appointed to supervise the poll in a locality in which he resides, or in a locality bordering that in which he resides or where he habitually works or exercises his profession or calling.
\n
Appointment of assistant commissioners.
\n
Amended by;
\n
XIX.2018.19.
\n
(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 regulation 27(4), 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.
\n
(3)The assistant commissioners shall take the oath of office as set out in the Tenth Schedule, before one of the commissioners and shall follow the instructions which they may receive from the Electoral Commission for the discharge of their duties.
\n
27.(1) Every political party shall, within twelve days of publication of the Notice, be entitled to nominate a number of persons, equal to one and one-third the number of polling booths, 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 these regulations, the Commission shall appoint assistant commissioners from amongst such persons.
\n
(2)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.
\n
(3)In no case shall there be less than three assistant commissioners nominated to supervise the poll in each polling Nomination of assistant commissioners.
\n
Amended by;
\n
XIX.2018.19.
\n
L O C AL GOVERNMENT 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-regulation (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.
\n
(4)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.
\n
(5)For the purpose of the time established in sub-regulation
\n
(1), the Commission shall not later than two days after the publication of the Notice inform the parties of the number of assistant commissioners that each party will be required to nominate.
\n
Disqualifications and publication of names of assistant commissioners.
\n
Amended by:
\n
L.N. 426 of 2012.
\n
28.(1) A person shall not be an assistant commissioner if he is a candidate for election to the Local Councils, or is a relative by consanguinity or affinity up to the second degree to any candidate for election, or is manifestly in the opinion of the Commission, after consulting the party delegates, unsuitable to perform the functions of assistant commissioner.
\n
(2)Within two days following the day mentioned in regulation 27(1) the Commission shall deliver to the political parties a list of all persons nominated to act as assistant commissioners indicating their names, the legally valid identification document numbers, addresses and occupation.
\n
Objection to assistant commissioners.
\n
Amended by;
\n
XIX.2018.19.
\n
29.(1) The political parties, not later than four days after the day mentioned in regulation 28(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 regulation 28(1).
\n
(2)Where an objection is received by the Commission in terms of the preceding paragraph of this regulation, it shall, not later than the next following day, call a meeting of the party delegates to discuss such objections.
\n
(3)Any objection made in accordance with the preceding paragraphs 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.
\n
(4)The fresh nominations mentioned in the preceding paragraph of this regulation shall be made immediately after the determination of all the objections: The times mentioned in subregulations (1) and (2) shall apply to objections to persons nominated as assistant commissioners in terms of sub-regulation
\n
(3), and if any objection is received and upheld by the Commission, L O C A L GOVERNMENT [ CAP. 363. 59 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.
\n
(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 locality:
\n
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.
\n
(6)The Commission shall, within two days of the final determination referred to in the preceding sub-regulation, cause a list to be published in the Gazette showing the name, address, identity card 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.
\n
(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.
\n
PART VI
\n
Voting 30. (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 these regulations referred to as \"party agents\".
\n
(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 these regulations.
\n
(3)Political parties exercising the right granted to them by subregulation (1) shall forward a list to the Commission containing the names of the persons nominated by them as its agents not later than the day appointed for the nomination of assistant commissioners in terms of regulation 27.
\n
(4)Notwithstanding anything contained in these regulations, the political parties may nominate as party agents the same person or persons whom they have nominated as assistant commissioners.
\n
Appointment of party agents.
\n
L O C AL GOVERNMENT Persons guilty of corrupt practices not to be appointed agents.
\n
31.No person shall be appointed party agent who has within seven years previous to such appointment been found guilty of any corrupt practice under these regulations or under the General Elections Act, or is determined by the Commission to be manifestly unsuitable to act as such.
\n
Identification of party agent.
\n
Amended by:
\n
L.N. 426 of 2012.
\n
Substituted by:
\n
XIX.2018.19.
\n
32.(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.
\n
(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.
\n
Polling places.
\n
33.(1) The Commission shall, whenever practical, provide not more than one polling place for each locality and shall ensure that, as far as possible, that polling place is within the locality. In each polling place, the Commission shall provide as many polling booths as possible.
\n
(2)The Commission shall, as far as possible, provide facilities so that handicapped persons, including persons in wheelchairs, may vote in comfort.
\n
Polling booths and polling days.
\n
Amended by:
\n
I. 2005.21;
\n
L.N. 426 of 2012;
\n
XIX.2018.19.
\n
34.(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 persons nominated by them in writing. (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 L O C A L GOVERNMENT [ CAP. 363. 61 document of each voter. (c) 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.
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(2)Voting shall be held on a Saturday. Voting shall start at 7.00 a.m. and shall close at 7.00 p.m.:
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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:
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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:
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Provided moreover that, where all persons who have had a voting document delivered to them, such voting document not having been withdrawn, have voted in a polling booth or locality, the Commission may close the voting in that polling booth or locality before the stipulated time:
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Provided further that where such election shall coincide with a general election, referendum or European Parliament election, the time of closure of voting shall be extended and be the same as the time of closure of voting for general elections, referenda or European Parliament elections as the case may be.
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(3)In each polling booth the Electoral Commission shall provide a number of separate cubicles wherein each voter may record his vote in secret, and in each cubicle shall provide such facilities as it deems necessary including, however, a notice in the form specified in the Fourteenth Schedule.
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35.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:
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Maintenance of order within 50 metres of each polling place.
\n
Amended by:
\n
I. 2005.21;
\n
XIX.2018.19.
\n
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 in any locality.
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36.No person shall congregate during voting, in any road, square or other place, leading from the place of residence of any voter to any polling place, in such numbers or otherwise in such Maintenance of order at a distance of more than 50 metres of each polling place.
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L O C AL GOVERNMENT 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.
\n
Ballot boxes and documents for polling booths.
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37.The Commission shall on the day of the poll deliver to the assistant commissioners for each polling booth one or more ballot boxes, a sufficient number of ballot papers, lists of the voters entitled to vote at that polling booth and other relevant documents and materials.
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Checking of ballot boxes by party agents and party delegates.
\n
38.(1) Immediately prior to the start of voting the assistant commissioners shall, in the presence of any candidate or party agent or party delegate as may be present, check that the ballot boxes consigned to them are empty by opening the ballot box and shall thereupon seal the lid thereof with the seal of the Commission and allow any candidate, party agent or party delegate to affix his own seal thereto.
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(2)For the purpose of this regulation, where the assistant commissioners determine that because of lack of space, not all the seals may be conveniently placed, they may direct that not all seals shall be so affixed ensuring however that each political party will be given the opportunity to affix at least one seal on each ballot box.
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Voting.
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39.(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.
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(2)No person shall be allowed to vote unless he produces and delivers the voting document to the assistant commissioners.
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(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 regulation 34(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.
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(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. For the purposes of these regulations, \"official mark\" shall mean the stamp which the Commission shall direct the assistant commissioners to use; so however that each political party may direct the assistant commissioner nominated by it to use a stamp of its own to mark the ballot papers, provided that an imprint of the stamp so used is deposited with the Commission prior to the start of the poll; such stamp shall not be necessary for the validity of the ballot paper.
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(5)The assistant commissioners may at their discretion administer an oath to any voter in the form set out in the Eleventh Schedule to these regulations.
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(6)Any person refusing to answer any questions put to him under sub-regulation (3) or to take the oath referred to in sub- L O C A L GOVERNMENT [ CAP. 363. 63 regulation (5) shall not be permitted to vote.
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(7)The assistant commissioners shall not refuse a ballot paper to any person whose name is included in the list referred to in regulation 34(1) and otherwise satisfies the requirements of this regulation, unless the person so claiming to vote, upon being questioned under this regulation, 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.
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(8)The assistant commissioners shall keep a written record of the taking of any oath administered to any person under this regulation, and of their refusal to allow any person to vote.
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(9)No voter shall be allowed to vote except at the polling booth specified in the voting document produced by him for purposes of voting.
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(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.
\n
40.(1) Each voter shall have one transferable vote.
\n
(2)A voter, in recording his vote: (a) must place on his ballot paper the figure 1 opposite 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.
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(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 opposite the name of more than one candidate; or (c) the figure 1 standing alone indicating a first preference and some other number is set opposite 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 as defined in regulation 39(4) is not made.
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(4)A voter shall record his vote secretly inside a cubicle in the booth provided for this purpose and constructed in such a manner as not to allow the voter to be seen when marking his ballot paper.
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After marking his ballot paper the voter shall fold the ballot paper so as to conceal his vote and shall then put the ballot paper in the Method of voting.
\n
L O C AL GOVERNMENT ballot box in the presence of the assistant commissioners.
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Illiterate or incapacitated voters.
\n
Amended by:
\n
XXI. 2007.8.
\n
41.(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:
\n
Provided that the voter may not ask for any particular assistant commissioner to mark the ballot paper on his behalf:
\n
Provided further that a person who is unable to vote independently by reason of blindness may either 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 or request the provision of a Braille template as well as a playback listening device as approved under the provision of regulation 20(1A).
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(2)The assistant commissioners are bound to secrecy with regard to the voting of persons whom they have assisted to vote.
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(3)There shall be not less than two assistant commissioners present when the vote is being recorded under the provisions of sub-regulation (1), but no other person shall be allowed in the polling booth.
\n
(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, 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 voters in indicating their preferences, the electoral commissioners shall permit the display in the polling places of photographs of the candidates, if the same are supplied by the candidates themselves or by a political party on their behalf. Each photograph may bear, in addition to the name of the L O C A L GOVERNMENT [ CAP. 363. 65 candidate represented, the badge and name of the party, if any, to which he belongs.
\n
Such photographs shall be of such size and description as the electoral commissioners may require and shall be displayed in such manner as they shall direct and in the order in which the candidates’ names appear on the ballot paper. (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.
\n
42.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.
\n
Assistant commissioners not to see vote recorded.
\n
43.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.
\n
Ballot paper not to be removed from polling place.
\n
44.Saving the provision of regulation 41, 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.
\n
Assistant commissioners not to make suggestions as to manner of voting.
\n
45.Except where otherwise stated in these regulations 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.
\n
No unauthorised person to enter polling place.
\n
46.(1) After the expiration of the time fixed for voting or where, in terms of the proviso to regulation 34(2) voting in a polling booth or a locality has closed, 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 sealed with the seal of the Commission after all assistant commissioners have affixed their Closure of voting.
\n
Amended by:
\n
XIX.2018.19.
\n
L O C AL GOVERNMENT signature thereto.
\n
(2)For the purposes of the previous paragraph of this regulation 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 regulation 34(1) and the number of voting documents delivered to them.
\n
(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.
\n
The said notice shall in this regulation be henceforth referred to as the \"ballot paper account\".
\n
A copy of the ballot paper account shall be delivered by the assistant commissioners to each political party by handing it to any candidate, party delegate or party agent representing such party as may be present, and shall also be delivered to the Commission at the place specified in regulation 16(c) and the Commission shall immediately thereon provide a copy to the party delegates.
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(4)On completion of all the duties mentioned in the preceding sub-regulation, 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 regulation 16(c).
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(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-regulations, 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-regulations, be granted facilities to watch and accompany the transportation of the ballot boxes from the polling place up to their delivery to the Commission.
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(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 paragraphs of this regulation 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 L O C A L GOVERNMENT commissioners in terms of the previous paragraphs of this regulation 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 regulation 34 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 regulation 34 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) If a vehicle is to be used for the transportation of the ballot box, and after all the procedures indicated in the previous paragraph of this paragraph 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, 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 paragraph (3) of regulation 16 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 paragraph shall be designated by the political parties within seven days of being notified by the Commission of the number of persons to be appointed, and shall be duly authorised by the Commission and shall bear an identification document
\n
similar to that required by regulation 32(1) and shall have these names published in terms of regulation 32(2). (g) If no vehicle is to be used in the transportation of the ballot box, the assistant commissioners, accompanied by any candidate, party delegate or party agent as may be present, shall, after all procedures indicated in the previous paragraphs of this regulation have been completed, carry the ballot box and deliver it to the Commission in the place indicated in regulation 16(c). (h) The refusal by any assistant commissioner to sign any declaration or document shall not of itself invalidate [ CAP. 363. 67 L O C AL GOVERNMENT the contents thereof.
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Assistant commissioners responsible for the maintenance of order.
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47.The assistant commissioners shall keep order in the polling p l a c e u n d e r t h e i r c h a rg e a n d s h a l l b e r e s p o n s i b l e f o r a n y irregularity in the voting in that place in so far as such irregularity could have been prevented by them.
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PART VII
\n
Substituted by:
\n
L.N. 36 of 2013.
\n
Voting in Retirement Homes and Hospitals Retirement home and hospitals.
\n
Substituted by:
\n
L.N. 36 of 2013.
\n
48.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:
\n
Provided that the provisions of regulation 49(3)(a), of regu lation 50(1)(b ) and of regulation 51 shall not app ly to retirement homes not run or administered by the Government.
\n
Mixed polling places at residential homes and hospitals.
\n
Added by:
\n
L.N. 36 of 2013.
\n
Amended by:
\n
L.N. 157 of 2014;
\n
XIX.2018.19.
\n
48A. (1) Notwithstanding anything to the contrary contained in these regulations, the Commission shall provide mixed polling places for the purposes and in the manner provided for by this regulation.
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(2)A mixed polling place is a polling place which contains one or more mixed ballot boxes for different localities, as the case may be, and where the voters mentioned in sub-regulation (4)(a), (b) and (c) shall vote independently of the locality where they may be registered in the last published Local Councils’ Electoral Register by casting their vote in the mixed ballot box appertaining to the locality where they are registered.
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(3)The Commission shall only provide mixed polling places in the following sites: (a) at Saint Vincent de Paule; (aa) at a place in Malta for voters registered in Malta and at a place in Gozo for voters registered in Gozo that the Commission establishes in the Gazette according to regulation 16; (b) at Mater Dei Hospital Msida, Karen Grech Hospital Gwardamanġa, Mount Carmel Hospital Attard, and Gozo General Hospital; (c) at such places designated for the casting of votes by voters who are resident at retirement homes as defined in regulation 48 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:
\n
Provided that the Commission shall, wherever possible, designate as such mixed polling places the retirement homes themselves: [ CAP. 363. 69 L O C A L GOVERNMENT 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:
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Provided further that regulation 51 shall mutatis mutandis apply to mixed polling places designated in terms of this paragraph. (d) all the voters residing at the Corradino Correctional Facility shall vote in the place indicated in this regulation 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 Notice 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.
\n
(4)(a) 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-regulation (3)(a), and it shall be the duty of the sub-committee set up under regulation 49 to determine who these voters shall be. (b) All voters who four days before polling day shall be registered as patients at Mater Dei Hospital, Karen Grech Hospital, Mount Carmel Hospital, and at the Gozo General Hospital, shall vote in the place indicated in sub-regulation (3)(b) and it shall be the duty of the sub-committee set up under regulation 49 to determine who these voters shall be. (c) All the voters, as provided in sub-regulation (3)(c), who are resident at retirement homes as defined in regulation 48 shall vote at the place indicated in the same regulation and the subcommittee established under regulation 49 shall be bound to determine who the voters shall be. (d) Notwithstanding regulations: (i) the other provisions of these voters who vote in a hospital in accordance with sub-regulation (3)(b) shall vote 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 regulation 48 and who are entitled to vote at such places designated in accordance with sub-regulation (3)(c), L O C AL GOVERNMENT (cc) who are residing in the Corradino Correctional Facility, shall vote on the Saturday prior to polling day between 7.00 am and 10.00 pm. (e) Notwithstanding any other provision of these regulations, every person who shall have been selected to serve as an Assistant Electoral Commissioner, including those selected to serve as reserves, 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-regulation
\n
(3)(aa), and shall do so on Tuesday prior to the polling day between 7.00 a.m. and 10.00 p.m:
\n
Provided that the Assistant Commissioners and the reserves chosen to serve in Malta and in 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 regulation 48A(3)(aa) between 7.00 a.m. and 10.00 p.m. (f) For all effects and purposes of this regulation, the persons who shall vote in accordance with paragraph (e) shall be all those whose name is published in the list referred to in regulation 29(6), even if any one of such persons shall have resigned his appointment after the publication of that list.
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(5)For all effects and purposes of these regulations 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.
\n
(6)In the case of those voters voting at the place indicated in sub-regulation (3)(a) and (c), 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 at the place indicated in sub-regulation (3)(b) shall be given by the Electoral Commission to the political parties by not later than midnight of the Thursday preceding the polling date.
\n
(7)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.
\n
Sub-committee for retirement homes and hospitals.
\n
Amended by:
\n
L.N. 36 of 2013.
\n
49.(1) Within twenty-four hours of the publication of the Notice for the election of councillors, 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 the Electoral Commission shall delegate to the sub-committee the L O C A L GOVERNMENT [ CAP. 363. 71 running of the election in all retirement homes and hospitals.
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(2)The sub-committee shall have the duty to ensure that no undue pressure is brought to bear on voters in retirement 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.
\n
(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 locality; (c) complaints by political parties and/or candidates are speedily investigated and rectified when found to be justified.
\n
50.(1) Within three days of the publication of the Notice 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 or room 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.
\n
(2)Fourteen days before 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 subcommittee 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.
\n
(3)On receipt thereof the sub-committee shall immediately provide the political parties with copies of such lists.
\n
Duties of persons responsible for the administration of retirement homes and hospitals.
\n
Amended by:
\n
L.N. 426 of 2012;
\n
L.N. 36 of 2013;
\n
L.N. 157 of 2014.
\n
L O C AL GOVERNMENT
\n
(4)The administrator of every retirement home and hospital shall keep such lists updated and shall immediately send to the subcommittee any amendments thereto and the sub-committee shall immediately inform the political parties of such amendments.
\n
Voting at retirement homes and hospitals.
\n
Amended by:
\n
L.N. 36 of 2013.
\n
(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 regulation 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.
\n
51.(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.
\n
(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.
\n
(3)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, such nominations being made at least ten days before the start of the poll. 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 regulation other persons are transferred to such homes and hospitals for such purpose.
\n
(4)Voters opting to be assisted by members of the staff or by members of their families shall, notwithstanding any other provision of these regulations be so accompanied up to the door of the relative polling booth.
\n
(5)During the day fixed for voting no person other than members of the sub-committee, members of the staff and relatives of patients who have been previously authorised to accompany voters to vote, shall without the express authority of the Commission, be allowed to enter retirement homes and hospitals.
\n
(6)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 L O C A L GOVERNMENT [ CAP. 363. 73 family may be taken to vote by members of the staff.
\n
52.The sub-committee appointed in terms of regulation 49 of these regulations shall function under the general direction of the Commission and shall be bound to implement the decisions of the Commission.
\n
Direction by Electoral Commission.
\n
PART VIII
\n
Counting of Votes 53. The counting of votes for each locality shall take place at the place and time specified in notices referred to in regulation 16(c) and (d) and shall be conducted in accordance with the provisions of these regulations. Counting shall commence for a locality when all ballot boxes for that locality have been deposited in the room designated for the purpose by the Commission, all packets containing the papers and other material used by the assistant commissioners have been delivered to the Commission and neither ballot boxes nor packets have been declared to be in a state that gives rise to the suspicion that they have been tampered with.
\n
Start of counting of votes.
\n
54.(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 these regulations be referred to as \"delivery agents\".
\n
Tampering with ballot boxes.
\n
(2)Party delegates, candidates and 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.
\n
(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.
\n
(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.
\n
(5)Any claim as is referred to in the previous paragraphs of this regulation 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.
\n
L O C AL GOVERNMENT
\n
(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 boxes in order to physically check the accuracy of such returns.
\n
(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.
\n
(8)As each ballot box is received and cleared by the Commission in terms of this regulation it shall be transferred to the room designated by the commissioners for the storage of all ballot boxes in terms of regulation 16.
\n
(9)As soon as practicable after all ballot boxes have been received and cleared in terms of this regulation and prior to the start of the counting process the Electoral Commission shall publicly declare the total number of votes declared to be cast in accordance with the ballot paper accounts delivered by the assistant commissioners as well as the number of votes in each ballot box as resulting from the same account.
\n
(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 locality to which they appertain.
\n
(11)On every packet as is referred to in the preceding paragraph 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.
\n
Counters, supervisors and calculators.
\n
55.(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 votes within each locality which shall be effected under the direct supervision of the Commission.
\n
(2)The provisions of paragraph (1) of regulation 28 shall mutatis mutandis apply to the office of the counter, supervisor and calculator as it applies to the office of assistant commissioner.
\n
(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.
\n
(4)All counters, supervisors and calculators shall be issued with identity documents specifying the details provided for party agents. The identity documents shall he worn at all times by the L O C A L GOVERNMENT [ CAP. 363. 75 counters, supervisors and calculators whilst in the precincts of the building where the counting of votes is held.
\n
(5)The calculators shall perform all mathematical calculations connected with the counting of votes and the Commission shall ensure that the persons so chosen are proficient in mathematical calculations.
\n
(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 counting table. The Electoral Commission shall ensure that at all times during the counting of votes there are no less than two supervisors for each counting table and that the political parties are adequately represented in the choice of persons to act as supervisors for each counting table.
\n
(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 on each counting table to ensure a quick and efficient counting process and that the political parties are adequately represented at all times during the counting of votes in the choice of persons to act as counters at each counting table.
\n
56.(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 votes and anything done by virtue of such authority shall be deemed to have been done by the Commission.
\n
Commissioners may appoint persons to assist them in the counting of votes.
\n
(2)Notwithstanding anything contained in any other part of these regulations, the Electoral Commission may for the purposes of the counting of votes appoint any number of principal assistant electoral commissioners to act on its behalf as the Commission deems fit to supervise the counting of votes within each locality and anything done by the principal assistant electoral commissioners shall be deemed to have been done by the Electoral Commission.
\n
(3)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 regulation, an oath for the faithful discharge of the duties assigned to him.
\n
57.(1) Unless these regulations otherwise provide, candidates and party delegates shall have free access to the building where the counting of votes will take place, and to the counting hall, at all times.
\n
(2)Every political party shall moreover have the right to nominate a number of agents equal to 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 these regulations be referred to as \"counting agents\".
\n
The list of such agents shall, at least, seven days prior to the Candidates and counting agents.
\n
Amended by:
\n
I. 2005.21;
\n
L.N. 426 of 2012;
\n
XIX.2018.19.
\n
L O C AL GOVERNMENT start of the poll be sent to the political parties and shall 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.
\n
The list of such agents shall, at least, seven days prior to the start of the poll, be forwarded by the Commission to the political parties and posted at the entrance of the Electoral Office indicating the name, address and a legally valid identification document number of each agent and the party nominating him.
\n
(3)The party delegates, candidates and counting agents shall be issued with an identity document and such identity document is to be worn at all times on entry into and inside the building or complex wherein the votes are counted.
\n
Building where counting of votes will take place.
\n
58.With respect to the building designated by the Commission for the counting of votes the Commission shall ensure that: (a) adequate facilities are provided for media coverage as well as for the political parties; (b) 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; (c) in the counting hall itself counters shall be separated from the candidates and agents and except in the cases expressly provided for in these regulations, access to the area designated by the Commission for the counting of votes shall only be allowed to candidates and agents with the express consent of the Commission; provided that the party delegates and two substitutes thereof for each locality in which an election is held, previously nominated by such delegates, shall have free access to the counting area at all times; (d) 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 party delegates; (e) adequate back up facilities for services failure are provided especially with respect to lighting; (f) reasonable security measures are taken 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; (g) at least fifteen 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;
\n
L O C A L GOVERNMENT [ CAP. 363. 77 (h) notwithstanding anything else contained in these regulations, the party delegates and their substitutes, shall at all times have access to any part of the building for the purpose of ensuring that the provisions of these regulations are being enforced.
\n
59.The Commission shall ensure that as far as practicable full and constant press and broadcasting coverage is allowed of the counting and transfer of votes and for such purpose shall allow entry into the building to bona fide press and broadcasting personnel and apparatus.
\n
Broadcasting coverage.
\n
60.In extraordinary circumstances the Commission may allow entry into the building and the counting hall to such other persons as they think fit but in no case shall entry be allowed to the public generally.
\n
Extraordinary circumstances.
\n
61.Notwithstanding anything else contained in these regulations, 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 candidate or party represented by them.
\n
Representations to commissioners.
\n
62.The Commission shall have the sole direction of the building designated for the counting and transfer of votes and shall hav e t he r i gh t t o gi v e suc h ord ers as are ne cessa ry fo r t h e maintenance of order and security within the building.
\n
Direction of building.
\n
PART IX
\n
Ballot Paper Account Reconciliation 63. The Commission shall proceed to count all the votes cast in a locality in order to establish the total number of votes cast in that locality.
\n
Counting of votes.
\n
64.(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 regulation 16, the party delegates or their substitutes shall have the right to examine the seals affixed to each ballot box.
\n
Removal of ballot boxes from strong room.
\n
(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.
\n
65.One ballot box at a time shall be opened 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.
\n
Opening of each ballot box.
\n
66.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 Objections to opening of ballot box.
\n
L O C AL GOVERNMENT consulting the party delegates or their substitutes, shall have given such directions and taken such measures as it may consider necessary.
\n
Checking of ballot paper account.
\n
Amended by:
\n
XI.2019.19.
\n
67.Where no objections are made and where the Electoral Commission in terms of the previous regulation of these regulations 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 votes in that ballot box corresponds to the ballot paper account.
\n
Provided that where the Commission decides to use an Electronic Counting System the ballot box shall be opened and the ballot papers shall be placed faced downwards on the counting table. When all the ballot papers found in a ballot box have been placed faced downwards on the counting table, the supervisor shall place the ballot papers together in one parcel faced downwards and in a separate tray for each ballot box with the polling booth number and locality name. The supervisor shall immediately place the tray on a rack in a place clearly visible to the counting agents. This process shall be repeated until all ballot boxes have been opened. The counting and tallying of the ballot papers shall be done in accordance to the rules stated in Thirteenth-A Schedule.
\n
When ballot papers do not tally with ballot paper account.
\n
68.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.
\n
When ballot papers and ballot paper account tally.
\n
69.Where the ballot papers in the ballot box and the ballot paper account tally, the votes 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.
\n
All ballot boxes to be opened.
\n
70.The process described in regulations 63 to 69 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.
\n
Number of votes cast.
\n
71.After all ballot boxes 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.
\n
PART X
\n
Counting and Sorting of Votes Sorting of ballot papers.
\n
Amended by:
\n
XI.2019.19.
\n
72.(1) Ballot papers shall be sorted in accordance with this Part of these regulations or, when an Electronic Counting System is being used, Schedule Three-A.
\n
L O C A L GOVERNMENT
\n
(2)In this Part unless the context otherwise requires: (a) The expression \"continuing candidate\" means any candidate not elected and not excluded from the poll. (b) The expression \"first preference\" means the figure \"1\" standing alone opposite the name of a candidate; the expression \"second preference\" means the figure \"2\" standing alone opposite the name of a candidate; and the expression \"third preference\" means the figure \"3\" standing alone opposite the name of a candidate, and so on. (c) 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. (d) 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. (e) The expression \"non-transferable paper\" means a ballot paper on which no second or subsequent preference is recorded for a continuing candidate:
\n
Provided that a paper shall be deemed to have become a non-transferable paper whenever: (i) 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 (ii) the name of the candidate next in order of preference (whether continuing or not) is marked either by a number not following consecutively after some other number on the ballot paper or by two or more numbers; or (iii) 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. (f) 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. (g) 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. (h) 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. (i) The expression \"count\" means: [ CAP. 363. 79 L O C AL GOVERNMENT (i) all the operations involved in the counting of the first preferences recorded for candidates; or (ii) all the operations involved in the transfer of the surplus of an elected candidate; or (iii) all the operations involved in the transfer of the votes of an excluded candidate or of two or more candidates excluded together.
\n
Sorting of ballot papers.
\n
73.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.
\n
Method of sorting.
\n
74.The sorting of ballot papers indicated in the previous regulation shall be carried out in the following manner: (a) the supervisor of each counting table shall take the topmost bundle of ballot papers from each pigeon hole and, in full view of the candidates and agents, place the bundles on a rack to pass to the counters; (b) 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; (c) the counters shall open each parcel with the ballot papers and ascertain whether each paper is valid or invalid; (d) if the counters decide that there is a possibility that, for any reason according to the Act or these regulations, 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\"; (e) 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.
\n
Continuation of sorting process.
\n
75.(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.
\n
(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 74 and in sub-regulation (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.
\n
Dubious votes.
\n
76.(1) Whenever the supervisor in charge of the sorting of votes determines that in the tray marked as \"dubious\" there are a sufficient number of ballot papers he shall call one of the principal assistant electoral commissioners to collect such papers.
\n
L O C A L GOVERNMENT [ CAP. 363. 81
\n
(2)The dubious ballot papers may only be removed from the tray by a principal assistant electoral commissioner who shall personally take them to a table designated for that purpose.
\n
(3)The Electoral Commission, or the principal assistant electoral commissioners, 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.
\n
(4)The decision of the principal assistant electoral commissioners shall be subject to an appeal to a member of the Electoral Commission designated to hear such appeals by the Commission and his decision shall be final.
\n
(5)Once all the dubious ballot papers have been declared valid or invalid, they shall be returned by a principal assistant electoral commissioner who shall pass them on to a supervisor.
\n
(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.
\n
77.(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.
\n
Counting papers.
\n
(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.
\n
78.The Commission shall then divide the total number of valid papers 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\".
\n
Ascertainment of quota.
\n
79.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.
\n
Candidate with quota elected.
\n
80.(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.
\n
Transfer of surplus.
\n
(2)A surplus which arises from any count shall be transferred before a surplus which may arise from a subsequent count.
\n
Priority of surplus.
\n
(3)If more than one candidate has a surplus arising from the same count, the largest surplus shall first be dealt with.
\n
(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 Equality of surplus.
\n
L O C AL GOVERNMENT in question had an unequal number of votes shall first be dealt with.
\n
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.
\n
Original votes only.
\n
(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.
\n
Original and transferred votes. (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.
\n
Papers sorted to next available preference. (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 subparcel of transferable papers and in the sub-parcel of non-transferable papers.
\n
Transferrable papers equal or less than surplus.
\n
Transferable papers exceed surplus; proportionate transfer.
\n
(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.
\n
(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.
\n
Ascertainment of number of papers to be transferred. (b) The number of papers to be transferred from each subparcel 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 fractional parts, if any, of each number so ascertained.
\n
Treatment of fractional parts. (c) If, owing to the existence of such fractional parts, the number of papers to be transferred is less than the surplus, so many of these fractional parts 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 fractional parts shall be ignored.
\n
L O C A L GOVERNMENT [ CAP. 363. 83 (d) If two or more fractional parts are of equal magnitude, that fractional part shall be deemed to be the largest which arises from the largest sub-parcels and if the sub-parcels in question are equal in size, the fractional part 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 fractional part shall be deemed to be the largest.
\n
Equality of fractional parts. (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.
\n
Papers transferred from sub-parcels.
\n
81.(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 subparcel of the non-transferable papers.
\n
Exclusion of candidates. One candidate excluded.
\n
(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.
\n
Two or more excluded.
\n
(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.
\n
Selection of candidate for exclusion.
\n
82.
\n
Notwithstanding anything contained in these regulations:
\n
Last vacancies.
\n
(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.
\n
(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.
\n
83.(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 Procedure in transferring votes.
\n
Papers transferred.
\n
L O C AL GOVERNMENT number of papers transferred to him.
\n
Non-transferable papers set aside.
\n
(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 nontransferable papers already set aside.
\n
Papers retained for quota.
\n
(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 of this regulation 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.
\n
Partial re-counts.
\n
84.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 recount 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 re-count the same papers more than once.
\n
Election petitions.
\n
Art. 85
\n
85.(1) Upon an election petition the court may direct the total or partial re-count of the ballot papers and the result of the election to be ascertained in accordance with these regulations.
\n
(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.
\n
Decision of returning officers on transfer.
\n
Art. 86
\n
86.(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.
\n
(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 o f t he tr a n s f e r i n qu e s ti on , a nd sh a ll c a us e t he su bs e q ue nt operations to be carried out and the result of the election to be ascertained in accordance with these regulations.
\n
Result of poll.
\n
Form of declaration.
\n
Art. 87
\n
87.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 Twelfth Schedule, or in a form to the like effect.
\n
L O C A L GOVERNMENT [ CAP. 363. 85
\n
PART XI
\n
Casual Vacancies
\n
Art. 88
\n
88.In the event of a vacancy in a Local Council the Commission shall, within three days from the date of the notification by the Executive Secretary of the Council, give notice, to be published in the Gazette, of an election to fill the seat vacated.
\n
Notice of vacancy.
\n
Amended by:
\n
XXI.1999.3.
\n
Art. 89
\n
89.Within three days after the publication of such notice any person who - Nominations.
\n
Amended by:
\n
XI.2019.19. (a) at the election held immediately prior to the occurrence of the said vacancy was a candidate nominated for election as a councillor for that locality 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.
\n
Art. 90
\n
90.Within three 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 locality the seat whereof is to be filled.
\n
Notice of valid nominations
\n
Art. 91
\n
91.If there are any valid nominations, the Commission shall, within four days, proceed to examine the ballot papers in the sealed parcel of the vacating councillor and the following provisions shall apply:
\n
If two or more nominations, ballot papers of vacating councillor are examined.
\n
(1)All candidates for the locality at the election shall be deemed to be candidates excluded from the poll except those who have been validly nominated for the vacant seat.
\n
(2)The papers preserved under seal in accordance with these regulations in the parcel of the vacating councillor 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.
\n
(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 councillor, he shall be declared elected.
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(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 L O C AL GOVERNMENT 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 councillor, that candidate shall be declared elected:
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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 councillor, he shall be declared elected without further transfer.
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Vacancy filled by co-option in special case.
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Art. 92
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92.(1) If a vacancy occurs in a seat which has been filled in accordance with this Part of these regulations, or in the eventuality mentioned in regulation 24(1), or if on a vacancy occurring no candidate is validly nominated, or if after examination of the ballot papers of the vacating councillor no candidate secures election, the vacancy shall be filled by co-option in accordance with article 8(4) of the Act.
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(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 councillor.
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PART XII
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Illegal Practices Making of contracts in respect of election expenses.
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Art. 93
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93.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.
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Payment of expenses.
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Amended by:
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L.N. 425 of 2007.
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Art. 94
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94.(1) Except as permitted by or in pursuance of these regulations, no payment and no advance or deposit shall be made whether before, during or after such election, in respect of any expenses incurred on account of or in respect of the conduct or management of such election, otherwise than by 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 and not otherwise:
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Provided that this regulation shall not be deemed to apply to any sum disbursed by any person out of his own money for any expense legally incurred by himself and not exceeding five hundred and eighty-two euro and thirty-four cents (€582.34), if such sum is not repaid to him:
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Provided further that the Minister may, from time to time, by notice in the Gazette specify higher sums which in no case shall exceed one thousand and one hundred and sixty-four euro and sixty-nine cents (€1,164.69).
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L O C A L GOVERNMENT [ CAP. 363. 87
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(2)A statement of the particulars of any payments so made by any other person in terms of the previous paragraph of this regulation shall be sent to the candidate within the time limited by the se regu lat io ns fo r th e sen din g in o f clai m s an d sh all b e accompanied by a receipt.
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(3)A person who makes any payment, advance, or deposit in contravention of this regulation or pays in contravention of this regulation any money so provided as aforesaid and any candidate who, having been aware of such payment, advance or deposit, knowingly benefits from the same, shall be guilty of an illegal practice.
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Art. 95
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95.(1) Every payment made by a candidate 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 euro and twenty-three cents (€58.23), be vouched for by a bill stating the particulars and by a receipt:
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Provided that the Minister may, from time to time, by notice in the Gazette specify higher sums which in no case shall exceed two hundred and thirty-two euro and ninety-four cents (€232.94).
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(2)Every claim against a candidate at an election 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 candidate within the time limited by these regulations, shall be barred and shall not be paid; and subject to such exception as may be allowed in pursuance of these regulations, a candidate who pays a claim in contravention of this regulation shall be guilty of an illegal practice.
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(3)Except as by these regulations permitted, the time limited by these regulations for sending in claims shall be thirty days after the day on which the candidate returned is declared elected.
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(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 these regulations and not otherwise; and, subject to such exception as may be allowed in pursuance of these regulations, a candidate who makes a payment in contravention of this provision shall be guilty of an illegal practice.
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(5)Except as by these regulations permitted, the time limited by these regulations for the payment of such expenses as aforesaid shall be forty days after the day on which the candidate returned is declared elected.
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(6)If the candidate in the case of any claim sent in to him within the time limited by these regulations disputes it, or refuses or fails to pay it within the said period of forty days, such claim shall be deemed to be a disputed claim.
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(7)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 in pursuance of the judgment or order of such court shall be deemed to be paid within the time limited by these Periods for sending in claims and making payments for election expenses.
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Amended by:
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L.N. 425 of 2007.
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L O C AL GOVERNMENT regulations.
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(8)On cause shown to the satisfaction of the competent Civil Court, the court on application by the claimant or by the candidate may, by order, give leave for the payment by a candidate of a disputed claim, or of a claim for any such expenses as aforesaid, although sent in after the time in this regulation mentioned for s e n di ng i n cla im s , o r a lt ho ug h th e sa m e was s e n t in to t he candidate.
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(9)Any sum specified in any such order may be paid by the candidate, and when paid in pursuance of such leave shall be deemed to be paid within the time limited by these regulations.
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Petty expenses.
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Art. 96
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96.(1) Any person may, if so authorized in writing by 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 candidate.
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(2)A statement of the particulars of payments made by any person so authorized shall be sent to the candidate within the time limited by these regulations for the sending in of claims, and shall be vouched for by a bill containing the receipt of that person.
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Expenses in excess of maximum to be illegal practice.
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Substituted by:
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L.N. 425 of 2007.
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Amended by:
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XXIV. 2015.53.
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Art. 97
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97.(1) Subject to such exception as may be allowed in pursuance of these regulations, no sum shall be paid and no expense shall be incurred by a candidate at an election, whether before, during, or after an election on account of or in respect of the conduct or management of such election in excess of five thousand euro (€5,000):
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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.
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(2)In the case of candidates standing for election in the same locality as members of the same political party, the expenses of such candidates may be added together and there shall not be deemed to have been a contravention of this regulation unless the aggregate expenses of such candidates, when added together, exceed either the sum of one thousand and one hundred and sixtyfive euro (€1,165) multiplied by the number of such candidates or the sum of forty-six thousand and five hundred and ninety euro (€46,590), whichever is the smaller:
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Provided that the Minister may, from time to time, by notice in the Gazette specify higher sums which in no case shall exceed either the sum of two thousand and three hundred and thirty euro (€2,330) multiplied by the number of such candidates or the sum of ninety-three thousand and one hundred and eighty euro (€93,180), whichever is the smaller:
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Provided further that if the aggregate of such expenses exceeds either of the sums aforesaid, the expenses of each such L O C A L GOVERNMENT [ CAP. 363. 89 candidate shall be separated from the expenses of the others and the provisions of sub-regulation (1) shall apply.
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(3)Any candidate who knowingly acts in contravention of this regulation shall he guilty of an illegal practice.
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Art. 98
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98.(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 on account of the conveyance of voters to or from the poll, except for the hiring of vehicles.
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Certain expenditure to be illegal practice.
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(2)Subject to such exception as may be allowed in pursuance of these regulations, if any payment or contract for payment is knowingly made in contravention of this regulation 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 regulation, shall also be guilty of an illegal practice.
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Art. 99
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99.(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 a reasonable number of assistants and professional persons, having regard to the area of the locality and the number of voters on the Local Councils’ Electoral Register for such locality.
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Certain employment to be illegal.
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(2)Subject to such exception as may be allowed in pursuance of these regulations, if any person is engaged or employed in contravention of this regulation, either before, during or after an election, the person engaging or employing him shall be guilty of an illegal practice.
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Art. 100
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100.The provisions of these regulations 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 these regulations.
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Saving for creditors.
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Art. 101
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101.(1) Within sixty days after the date of the publication of the result of an election in the Gazette, every candidate at that election shall transmit to the commissioners a return of his election expenses, containing the particulars specified in the Thirteenth Schedule, 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.
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Return and declaration respecting election expenses.
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(2)Every such return shall contain a statement of all payments m a de b y t he c a nd i da te , o r b y an y p e r s on s on be hal f o f t h e 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.
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(3)The return shall be accompanied by declarations to be made L O C AL GOVERNMENT on oath by the candidate before a magistrate, commissioner for Justice or a commissioner in the form contained in the Thirteenth Schedule to these regulations.
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(4)If any candidate acts in contravention of the requirements of this regulation, he shall, subject to the provisions of regulation 107, be guilty of an illegal practice.
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Publication of notice in respect of return of election expenses.
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Substituted by:
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L.N. 425 of 2007.
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Art. 102
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102.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 p1lace at which they can be inspected to be affixed in some conspicuous place in the Electoral Office and to be published in the Gazette, and any person shall be entitled, on payment of a fee of two euro and thirty cents (€2.30), to inspect any such return or declarations and, on payment of a fee of two euro and thirty-three cents (€2.33) for every folio of 120 words, to obtain a copy or copies of any part thereof.
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Punishment on conviction for illegal practice.
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Amended by:
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II. 2007.30;
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L.N. 425 of 2007.
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Art. 103
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103.(1) Any person committing an illegal practice shall, on conviction, be liable to a fine (multa) not exceeding one thousand