GENERAL ELECTIONS CHAPTER 354 GENERAL ELECTIONS ACT To make provision for the qualification of voters, the constitution of Electoral Divisions, the method of registration of voters and the Election and Co-option of Members of Parliament. 27th September, 1991 ACT XXI of 1991 as amended by Acts XXIV of 1995, XV of 1996; Legal Notice 178 of 1996; Acts VI of 2001, XVI of 2002 and XXI of 2007; Legal Notice 425 of 2007; Acts VII of 2009, XIV of 2012; Legal Notice 426 of 2012; Acts VII, XVII of 2014; Legal Notice 284 of 2014; Act XXIV of 2015, Legal Notices 350 of 2017, IV of 2018, 372 of 2021 and XIX of 2018, XI of 2019, XX of 2021, II of 2022 and XII of
- ARRANGEMENT OF ACT Articles PART I. PART II. PART III. PART IV. PART V. PART VI. PART VII. PART VIII. PART IX. PART X. PART XI. PART XII. PART XIII PART XIV. PART XV. General Provisions Electoral Commission and Office Voters Electoral Divisions and Method of Election Registrations of Voters Publication of Electoral Register Appeals Revising Officer Notices, Voting Documents and Ballot Papers Nomination of Candidates Assistant Commissioners Voting Voting in Retirement Homes Counting of Votes Ballot Paper Account Reconciliation Sorting of Votes, Casual Elections and Cooptions PART XVI. Publication of Results PART XVII. Penal Provisions PART XVIII. Saving and Repeal PART XIX. Saving as to Right of Political Parties FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE 1-6 7-14 15-16 17-18 19-29 30-35 36-43 44-50 51-55 56-59 60-79 80-84 85-94 95-104 106-109 110-116 117-118 Form of Oath of Office to be taken by the Electoral Commissioners Form of Application for Registration as a Voter Form of Corrections or Transfers Form of Application for the Correction of Designation or Address FIFTH SCHEDULE G E NE R A L E L E CT I O NS Form of Application by Female Electors for the Correction of Surname and Address in Consequence of Marriage SIXTH SCHEDULE Form of Writ to the Electoral Commissioners by the President of Malta SEVENTH SCHEDULE Form of Voting Document EIGHTH SCHEDULE Form of Ballot Paper NINTH SCHEDULE Form of Nomination Paper TENTH SCHEDULE Form of Oath to be taken by Assistant Electoral Commissioners ELEVENTH SCHEDULE Form of Oath which an Assistant Commissioner may administer to a Voter TWELFTH SCHEDULE Return of Election Expenses THIRTEENTH The General Elections (Sorting of Ballot SCHEDULE Papers, Casual Elections and Co-options) Regulations, 1991 SCHEDULE The General Elections (Electronic Counting THIRTEENTH-A and Sorting) Regulations, 2019 FOURTEENTH Articles 42 to 62 of the Electoral (Polling) SCHEDULE Ordinance (Cap. 102) FIFTEENTH SCHEDULE Form of Oath which an Assistant Electoral Commissioner may administer to a voter SIXTEENTH SCHEDULE Details and Questionnaire required with Form No. 1 in the case of a Maltese Person who never applied to be registered as a voter GENERAL ELECTIONS PART I General Provisions
- The short title of this Act is the General Elections Act. 2.
(1)In this Act and in any regulations made thereunder, unless the context otherwise requires "ballot box" means a box wherein voters are obliged to place their marked ballot papers; "Commission" shall mean the Electoral Commission established by article 60 of the Constitution; Short title. Interpretation. Amended by: XV. 1996.2; XVI. 2002.2; L.N. 426 of 2012; XIX.2018.3; XI.2019.3. Electronic Counting System" means the process, computer program and/or computer hardware, other equipment, data and services as may be necessary in order to: (
- a)maintain relevant data in relation to the election being held; (
- b)take an image of each ballot paper and interpret the preferences; (
- c)establish a link between each vote stored electronically and the equivalent ballot papers by means of a unique identifier; (
- d)process the collected data and ballots in such manner as to calculate the number of votes cast for each candidate at the election and determine the final result in terms of this Act; and (
- e)ensure the retention of proper records; "House" means the House of Representatives established by the Constitution; "an identification document" means a document which is a legally valid identification document for the purposes of the Identity Card and other Identity Documents Act; "non-searchable" means not capable of being searched on the basis of name, surname or Identity Card number; "official mark" means the stamp which the Commission and the political parties direct the Assistant Commissioner as respectively nominated by each of them, to use on the ballot paper prior to giving such ballot paper to the voter and may be of such form as each of them may determine provided that it may not in any way constitute any form of propaganda and the marks of the political parties shall not be necessary for the validity of the ballot paper. Political parties opting to use official marks shall deposit an imprint of the stamp to be so used at least one hour before the start of the poll; ''the period of time reserved for viewing" means the period of time which starts from such time when the Commission grants access to the party delegates to the images of each Electronic Ballot together with their interpretation and to the complete data set containing the preferences of voters as shown in the Electronic Ballots, and which G E NE R A L E L E CT I O NS expires four hours after the time the Commission forwards a copy of the Draft Result to party delegates in terms of regulation 13; "political party" shall, for the purposes only of articles 10 and 14, mean any person or group of persons who having contested the general election under one name is represented in the House by, at least, one member or was so represented when the House was last dissolved, and in all other cases "political party" shall mean any person or group of persons contesting the election as one group bearing the same name; "polling booth" means the room wherein voters attend on the day of the poll to receive and mark a ballot paper and insert the same in a ballot box; "polling day" means the proper day established for voting in the President’s Writ referred to in article 44; "polling place" means the school, building or other complex or structure wherein one or more polling booths are situated and shall, saving the provisions of article 66, include the grounds, if any, of such complex or structure; "the first voting day" means the Saturday before polling day when advanced voting takes place according to the particular provisions of this Act, by voters being abroad or who shall be recovered in a hospital on polling day, by residents in homes for the elderly, by members of the Commission and by residents of the Corradino Correctional Facility; "the second voting day" means the Tuesday before polling day when voting takes place according to the particular provisions of this Act, by voters who are assigned as Assistant Electoral Commissioners; "the third voting day" means the Thursday before polling day when voting takes place according to the particular provisions of this Act, by voters recovered in hospitals; "voting compartment" means such part of a polling booth wherein voters are to mark their ballot papers, and which is to be furnished with an adequate writing surface and instruments for such purpose; "voting document"' means the voting document which is to be forwarded to voters in terms of article 46.
(2)Whenever by this Act a penalty is attached to the performance of any act "before, during or after", an election, no account shall be taken of anything done earlier than (a) in the case of any election held in consequence of a dissolution of Parliament under article 76
(1)of the Constitution, the issue of the Proclamation dissolving the House; (b) in the case of any election held in consequence of a dissolution of Parliament under article 76
(2)of the Constitution of Malta, three months before the date of such dissolution. GENERAL ELECTIONS 3.
(1)The Commission may make regulations not inconsistent with or repugnant to, the provisions of this Act, for prescribing any form or procedure for which no express procedure is contained in this Act, for amending the forms contained in the schedules to this Act and, generally, for carrying the provisions of this Act into effect. The Prime Minister shall upon the publication of such regulations lay the same upon the Table of the House. Power to make regulations. Amended by: XV. 1996.3; VI. 2001.21.
(2)The Minister responsible for justice may by regulations under this sub-article establish the fees payable in the registries of the Courts of Magistrates (Malta) and the Court of Magistrates (Gozo) in connection with the filing of appeals and applications to Revising Officers under this Act: Provided that until such fees are so established by the M i n i s t e r, t h e f e e s c o n t a i n e d i n S c h e d u l e A t o t h e C o d e o f Organization and Civil Procedure shall apply.
(3)The board established under article 29 of the Code of Organization and Civil Procedure may make rules, not inconsistent with this Act, governing appeals and applications to Revising Officers. 4.
(1)The Minister responsible for finance shall, from time to time by warrant under his hand addressed to the Accountant General, authorise and direct that all such moneys as are reasonably required for meeting any expenses lawfully incurred in the execution of the provisions of this Act be paid out of the Consolidated Fund without any further appropriation other than this Act. Appropriation of moneys required for the purposes of this Act.
(2)A statement of the expenses so paid shall, so soon as practicable, be laid on the Table of the House.
- Where any period of time prescribed by any of the provisions of this Act for carrying into effect any procedure is in the opinion of the President of Malta, insufficient for the purpose, the President of Malta may, by notice published in the Gazette, extend such period as he may deem necessary. Extension of periods of time. Amended by: XV. 1996.
- 6.
(1)All applications which may be made to the Commission under this Act regarding the registration, cancellation, correction or transfer of a voter may either be delivered to the Electoral Office or to the Local Council office wherein the voter resides or to any police officer in any police station in Malta or Gozo, or forwarded to the Commission free of any charge for posting. Delivery of applications or communications to the Commission regarding the registration or transfer of votes. Amended by: XV. 1996.5.
(2)Every Local Council secretary and every police officer to whom an application as is referred to in sub-article
(1)hereof is delivered shall give a receipt to the person delivering the application, write on the application the date on which the application is received and shall forward the application forthwith to the Commission.
(3)The Commission shall give or forward to each applicant a receipt in respect of each such application received by it. G E NE R A L E L E CT I O NS
(4)Any notice or other written communication which may be made by the Commission under this Act may be forwarded through the post and shall be deemed to have been received by the person to whom it was addressed on the day on which a letter regularly posted would in the normal course of postage have been received: Provided that any notice or written communication sent by the Commission to any person regarding his rights as a voter shall be sent by registered post.
(5)It shall be the duty of the Electoral Commission to ensure that an adequate supply of forms is available at all times at Local Council offices and at police stations. PART II Electoral Commission and Office Electoral Commission. Amended by: XV. 1996.6; XVI. 2002.3; XX.2021.7. 7.
(1)The registration, transfer, correction and cancellation of voters, the compilation of the Electoral Register, the election of members of the House of Representatives and the administration of t h e E l e c to r a l Off i c e s ha l l be t he so l e r e s p o n s i b i l it y o f t he Commission established by article 60 of the Constitution. The Chief Electoral Commissioner shall be responsible for the day to day running of the Electoral Office and for the implementation of the decisions of the Commission.
(2)The Commission shall be composed of the Chief Electoral Commissioner as chairman and ten
(10)members as Electoral Commissioners; such members shall reflect equal representation between sexes, in any case not having less than four
(4)members of every sex.
(3)The Electoral Commission shall be a body corporate having a distinct legal personality and shall be capable, subject to the provisions of this Act, of entering into contracts, of acquiring, holding and disposing of any kind of property for the purposes of its functions, of suing and being sued, and of doing all such things an d en teri ng int o al l su ch t ran sactions as are incidental or conducive to the exercise of its functions under this Act.
(4)The legal representation of the Commission shall vest in the Chief Electoral Commissioner or in such other member or such other members of the Commission, as the Commission may establish by resolution, which resolution shall not come into force before it is published in the Gazette. Oaths to be taken by Commissioners. Amended by: L.N. 372 of
- The Commissioners shall, on their appointment, take before the State Advocate the oath of allegiance set out in the Constitution and the oath of office set out in the First Schedule of this Act. Powers of commissioners. 9.
(1)In the execution of their duties under this Act, the Commissioners shall, in the absence of any express provision in this Act contained, do all such things as appear to them to be necessary for the performance of their duties.
(2)In the execution of their duties under this Act, the GENERAL ELECTIONS Commissioners shall have the powers conferred by law on the Courts of Magistrates for the purpose of enforcing order at their sittings and ensuring the respect due to them. 10.
(1)Every political party shall have the right to nominate two delegates (hereinafter referred to as the "party delegates") to the Commission.
(2)Party delegates shall represent the political party nominating them with the Commission and shall have the right in general to be informed in writing at least once a month of all sittings of the Commission and decisions taken thereat. Party Delegates. Amended by: XV. 1996.7; XVI. 2002.4; L.N. 426 of 2012.
(3)The party delegates shall notwithstanding the provisions of any other law, have full and free right of access to the Electoral Office, to all records kept therein, to be given copies thereof in written or electro-magnetic format, and to check, verify and obtain any information regarding the work of the Electoral Office; provided that the Commission shall have the right to nominate an official of the Commission to accompany such delegates at all times.
(4)The party delegates shall continue in office until removed by the political party nominating them.
(5)Party delegates shall have the right to seek and obtain from the Commissioners as well as from any other official connected with the running, supervising or security of the elections or of any aspect thereof, information showing whether or not such persons are taking adequate measures to comply with the provisions of the law in the forthcoming elections, and the Commissioners or such other persons shall, notwithstanding any other law or regulation, be bound to furnish such information immediately.
(6)Notwithstanding any provision in this Act granting party deleg ates and po lit ical parties t he rig ht to seek and ob tain information or their right to be given copies of documents and lists by the Commission or by Government departments, such right shall not include the right of access to medical records or to adoption records of voters or to photographs of persons holding a legally valid identification document and the right to be made aware prior to the day of the poll of security features relating to ballot papers, voting documents and the official mark used by the Commission on ballot papers. The information, documents or lists shall be given to the party delegates orally or in written, printed or electronic format as the delegates may require and the Commission is technically able to provide. Where the information, documents or lists are of a confidential nature the party delegates shall have the same obligations as to secrecy as the person from whom such information, documents or lists are obtained. 11.
(1)There shall be an Electoral Office for the purpose of effecting the registration, transfer and cancellation of voters, the organisation required for the running of elections and all such administrative work as may be required by the Electoral Commission. Establishment of Electoral Office. Amended by: XV. 1996.8. G E NE R A L E L E CT I O NS
(2)The Electoral Office shall be staffed by persons in the public service and whilst serving in the Electoral Office such persons shall only be responsible to the Commission in matters concerning the preparation for and the running of general elections.
(3)The Commission is to ensure that there is full observance of procedures of control and security, especially with regards to access of terminals, the introduction, use and processing of information and in the printing of documents of identification. The Commission is also to ensure that the Electoral Register database includes only the details of those persons eligible to vote. The parties are further to have the right, prior to the carrying out of any electro-magnetic process during the electoral process, to demand the holding of a dummy run in order to ascertain the validity of the said electro-magnetic process. Oath to be taken by staff of Electoral Office and power to administer oath. 12.
(1)The staff of the Electoral Office shall, on their appointment, take an oath before the Chief Electoral Commissioner, that they will faithfully perform the duties of their office according to law.
(2)Any one of the Commissioners and any other officer authorised by the Commission on their behalf, may administer an oath to any person whenever they shall deem the taking of an oath to be necessary for the purpose of making enquiries according to this Act. Appointment of Revising Officers. Amended by: XV. 1996.9. 13.
(1)By virtue of this Act all Magistrates serving in the Court of Magistrates (Malta) and the Court of Magistrates (Gozo) shall be deemed to be Revising Officers.
(2)Revising Officers may hold sittings in any court or in any L o c a l C o u n c i l o ff i c e f o r t h e p u r p o s e o f d e a l i n g w i t h a n y a p p l i c a t i o n o r a p p e a l r e g a r d i n g t h e r e g i s t r a t i o n , t r a n s f e r, correction, or cancellation of any voter.
(3)All such applications or appeals to a Revising Officer shall be signed by the applicant or by any person on behalf of and authorised by the applicant or appellant or by an advocate or legal procurator and shall be filed in the Registry of the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be.
(4)The Revising Officer shall appoint a day for the hearing of the application or appeal and shall direct that a copy of the application or appeal together with the day fixed for the hearing shall be served on the applicant or appellant, on the Commission and on any other person whom such application or appeal concerns.
(5)Service shall be effected by registered post. Where any of t h e p e r s o n s to b e se r v e d wi t h t h e ap p l ic a t i on o r a pp e a l b y registered post is not found, the Revising Officer shall direct that the person shall be served by an officer of the court. Where the person is not found by such officer of the court, the Revising Officer shall, on the report of the officer of the court direct that the application or appeal be posted on the notice board of the police station and the Local Council office of the locality in which the GENERAL ELECTIONS person concerned resides and to be published twice in all local daily newspapers and where necessary, shall appoint another day for the hearing.
(6)Service on all the persons concerned shall be effected at least three days before the day fixed for the hearing of the application or appeal.
(7)If the applicant or appellant shall fail to appear on the day appointed for the hearing and is not represented by an advocate or legal procurator or other person, the application or appeal shall be considered as abandoned.
(8)In the case of an application for the removal of the name of a person from the Electoral Register, if such person shall fail to appear on the day appointed for the hearing and is not represented by an advocate or legal procurator or other person, the application may be decided in default.
(9)In the case of an application or appeal based on the grounds of mental infirmity the Revising Officer shall, notwithstanding the absence of the applicant or appellant or of an advocate, legal procurator or other person representing him, refer the application or appeal to the Medical Board for determination.
(10)In determining the application the Revising Officer shall state the reasons for his decision and the applicant or appellant, the Commission or the voter concerned shall have the right to appeal to the Court of Appeal on any point of law by means of an application filed within seven days of the delivery of the decision by the Revising Officer.
(11)No fee shall be charged in the Registry on any application or appeal, for the service thereof, for any other proceeding in consequence thereof or for any decision thereon. 14.
(1)There shall be a Medical Board to whom shall be referred questions as to whether a person who has applied to be registered as a voter or is already registered is disqualified from being so registered in terms of paragraph (a) of article 58 of the Constitution. Appointment of Medical Board.
(2)The Medical Board shall consist of a doctor appointed by the Commission, who shall act as chairperson, and a doctor appointed by each of the political parties. The Medical Board shall be deemed to be validly constituted once the chairperson or any one of the members is appointed. PART III Voters
- Subject to the provisions of the next following article, a person shall be entitled to be registered as a voter for the election of Members of the House if, and shall not be entitled to be registered unless, he has the qualifications required by article 57 of the Constitution and provided he is not so disqualified in terms of article 58 of the Constitution or in accordance with the provisions Qualification of voters. GE N E R A L E L E C T I O N S of this Act. Right to vote at elections. Amended by: XV. 1996.
- 16.
(1)Subject to the following provisions of this Act every person registered as a voter in an electoral division shall, while so registered, be entitled to vote at the election of Members of the House for that division.
(2)No person shall vote at the election of Members of the H ou s e in a ny d iv i s io n ot h e r t ha n a d i vi s io n i n wh ic h he i s registered as a voter.
(3)Any person who contravenes the provisions of sub-article
(2)shall be guilty of an offence and shall on conviction be liable to the penalties established for offences against article 112. PART IV Electoral Divisions and Method of Election Electoral Divisions and number of Members of Parliament. 17.
(1)For the purpose of the election of members of the House, the Island of Malta and its Dependencies shall be divided into thirteen electoral divisions.
(2)Subject to the provisions of article 52
(1)of the Constitution the House shall consist of sixty-five members, each electoral division returning five members.
(3)The boundaries of the electoral divisions referred to in subarticle
(1)shall be those established in accordance with article 61 of the Constitution.
(4)Any change in the number of electoral divisions, or in the boundaries thereof, or in the number of Members of the House shall have effect as provided in article 61
(2)and
(3)and article 66
(6)of the Constitution: Provided that, where an alteration to the boundaries of the electoral divisions has been published under article 61
(3)(d) of the Constitution, nothing in this sub-article shall be construed as preventing the publication of a revised electoral register or preventing any other requirement under this Act connected with the registration of voters being carried out in accordance with such alteration, before the dissolution of Parliament upon which the alteration comes into effect. Method of Election. 18. The election of Members of the House shall be according to the principle of proportional representation, each voter having one transferable vote. PART V Registration of Voters Enquiries by Commission. Amended by: XV. 1996.11. 19.
(1)The Commission shall make all such enquiries, and r e qu i r e f r om a ny p e r s o n s uc h i n f or m a t io n , as i t m a y d e e m necessary for the purpose of determining whether a person is entitled to be registered as a voter or to remain so registered or where he is to be registered. GENERAL ELECTIONS
(2)The Electoral Commission shall ensure that adequate staff are deployed for the specific purpose of verifying voter qualifications and registration and shall carry out such verification both with the voter and other persons who may provide the necessary information as well as with any government departments which may have relevant information. 20.
(1)All public officers in the service of the Government of Malta and all officers of bodies corporate established by law are, notwithstanding the provisions of any other law, hereby authorised and required to furnish to the Commission all information that it may require in order to be able to determine whether a person is entitled to be registered as a voter or to remain so registered.
(2)The Commissioner of Police shall assist the Commission by causing enquiries to be made, information to be collected, and claims to be checked and in such other manner as may be necessary.
(3)The public officer or officers responsible for the Public Registries of Malta and Gozo shall, within the first five days of each month, forward to the Commission a list containing the name, surname, a legally valid identification document number, if any, and other particulars of each p erson whose death has been registered during the preceding month as well as a list containing similar particulars of all persons who have contracted marriage in the preceding month and a list containing similar particulars of all persons who have reached, the age of sixteen years in the preceding month.
(4)The Registrar of Courts in Malta and the Registrar of the Courts of Gozo or other persons having such function shall, each with regard to the courts to which he is attached, within the first five days of each month, forward to the Commission a list containing the name, surname, a legally valid identification document number, if any, and other particulars of each person who ha s be en interdicted f or r ea s o n s o f m e n t a l in c a p a c it y by a competent court as well as a list containing similar particulars of all persons who have been sentenced by any Court in Malta to imprisonment (by whatever name called) for a term exceeding twelve months.
(5)Any public officer or other person responsible for any prison in Malta shall within the first five days of each month forward to the Commission a list containing the name, surname, a legally valid identification document number, if any, and other particulars of any person who has been released from prison in the preceding month.
(6)The public officer or other person responsible for the office responsible for the grant or withdrawal of citizenship shall within the first five days of each month, forward to the Commission a list containing the name, surname, a legally valid identification document number, if any, and other particulars of any person who has been granted citizenship or whose citizenship has been withdrawn in the preceding month. Duty of Government officers to give information. Amended by: XXIV. 1995.362; XV. 1996.12; L.N. 426 of 2012; VII. 2014.7; IV.2018.7. GE N E R A L E L E C T I O N S
(7)The Commission shall forward to the party delegates a copy of such lists within five days of the receipt thereof. Application for registration. 21.
(1)Any person who has the requisite qualifications to vote at elections of members of the House may apply for registration to the Commission in the form set out in the Second Schedule to this Act; provided that the Commission shall register as a voter any person who is entitled to be so registered whether or not such an application has been made.
(2)The Commission shall refuse an application, by a person to be registered as a voter and the Commission shall not, on its own initiative in accordance with sub-article
(1), register a person as a voter only if such person: (
- a)has lost any of the qualifications necessary to be registered as a voter in accordance with article 57 of the Constitution; or (
- b)has become disqualified for being so registered for any of the reasons mentioned in article 58 of the Constitution. Method of registration. 22. A person who is qualified to be registered as a voter shall only be registered in the division and under the address at which he ordinarily resides: Provided that if it is proved to the satisfaction of the Commission that any person is not registered in the division and under the address at which he ordinarily resides, the Commission shall not have the right to cancel the registration of such person but shall apply the provisions of article 23. Transfers and corrections. 23. Any person registered as a voter and who requires any correction in his designation or other particulars or to have his name transferred to another address or electoral division may apply to the Electoral Commission in the form set out in the Third, Fourth or Fifth Schedule to this Act, as the case may be: Provided that such correction or transfer shall be made by the Commission whether or not any such application has been made, either on its own initiative or following the application by any other registered voter, hereinafter referred to as the applicant, if it is satisfied that such correction or transfer is justified and provided that it shall first communicate its decision in writing to the person to whom it relates and to the applicant, if any, either of whom shall have the right to appeal to a Revising Officer. Cancellation of registration. 24. Where the Commission is satisfied following the application by any other registered voter, hereinafter referred to as the applicant, or on its own initiative, that any person who is registered as a voter and whose name appears on the Electoral Register is not qualified to be registered as a voter, the Commission shall, subject to the provisions of article 26, cancel the registration of such voter and expunge his name from the Electoral Register. GENERAL ELECTIONS 25.
(1)The Commission shall inform the applicant and the voter concerned of its decisions on any application for registration as a voter or to correct, to transfer or cancel the registration of a voter and of any registration, correction, transfer or cancellation made on its own initiative. Decision by Commission on application for registration, transfer, correction or cancellation.
(2)The Commission shall effect the necessary changes in the Register in accordance with its decision and shall inform the voter concerned and the applicant of his right to appeal to a Revising Officer. 26.
(1)Prior to proceeding to the cancellation of the registration of any voter in terms of article 24 the Commission shall by notice in writing by means of a registered letter and, separately and at the same time, an identical letter sent by ordinary post, require such person to provide such information or such proof or evidence as it may deem necessary to establish such person’s right to remain registered as a voter and if such person fails, within ten days of the posting of such notice by the Commission, to provide in writing such information, proof or evidence to the satisfaction of the Commission, the Commission may cancel his registration or expunge his name from the Electoral Register: Provided that in the case of a person’s total failure to answer the aforesaid notice within the aforesaid period of time, the Commission shall not proceed to cancel his registration or expunge such person’s name from the Electoral Register before it shall have served upon such person a further notice in writing to provide such information, proof or evidence to the satisfaction of the Commission within a period of ten days from such further notice. Copies of notices made pursuant to this article shall also be delivered to the party delegates: Provided further that in the case of the Local Councils’ Electoral Register and the European Union Electoral Register, in the event of a person (a) having not been effectively served with his voting document and not having collected his voting document pertaining to elections in the past 12 years; and (b) not having a valid identity card or residence card; and (c) having totally failed to answer the aforesaid notices within the aforesaid period, the Commission shall, on the lapse of the period established in sub-article
(1), proceed to cancel the registration of the voter or expunge the voter’s name from the Local Councils’ Electoral Register and, or the European Union Electoral Register but on doing so it shall attempt to serve upon such person a further notice in writing stating that such cancellation or expunging have been made and it shall publish a notice of the said cancellation or expunging in the Gazette and in at least one local newspaper. The cancellation or expunging aforesaid shall come into effect on the lapse of one month from the date when notice of the same is published in the Gazette.
(2)Any written communication which the Commission requires to be made to it under this article may either be delivered at the Electoral Office or forwarded to the Commission free of any charge for posting. Requirement of information by commission. Amended by: XV. 1996.13; XVI. 2002.5; XI.2019.4. GE N E R A L E L E C T I O N S
(3)The further notice referred to in the first proviso to sub-article
(1)shall be served by a police officer or by any other person appointed for the purpose by the Commission and such notice shall be deemed to have been served by delivery of the notice to the person to whom it is addressed, or to a person who is or reasonably appears to be not under fourteen years of age and who is either a member of the family or household or in its service, at the address of the voter as shown in the Electoral Register. This sub-article does not apply in the case of the Local Councils’ Electoral Register and the European Union Electoral Register.
(4)Where the Commission decides to expunge the name of a voter f rom the Electoral Register, i t shall info rm the voter accordingly by means of a letter addressed to him, which letter shall also advise the person that if he possesses all the qualifications to be registered as a voter, he should immediately reapply to be so reregistered, and shall copy such letter to the party delegates. Refusal or cancellation due to mental incapacity. 27.
(1)The Commission may not refuse an application by a person to be registered as a voter, or cancel the registration of a voter, or expunge his name from the Electoral Register in terms of article 58(a) of the Constitution before it obtains the decision of the Medical Board established in terms of article 14 or unless such person has been interdicted for mental incapacity by a competent court.
(2)The decision of the Medical Board shall be final and binding on the Commission and the voter and no appeal shall lie therefrom.
(3)Decisions of the Medical Board that a voter is of unsound mind shall be taken by unanimous vote and shall be communicated in writing to the Commission who shall thereupon inform the voter.
(4)Every public officer shall be in duty bound to provide the Board with any information it may require regarding the health of the person whose entitlement to be registered or to continue to be registered as a voter is being considered.
(5)The Medical Board shall regulate its own procedure. Information regarding new registrations, etc. Amended by: XV. 1996.
- The Commission shall, at least, every calendar month give to each party delegate a list showing new registrations, corrections, transfers and cancellations carried out by it in virtue of the preceding provisions of this Act indicating the name and all particulars of the person concerned and the reason for effecting any change as well as a list showing any change effected to street names and all the particulars of voters affected by any such change. Rights of party delegates to information. Amended by: XV. 1996.
- The party delegates shall have the same powers granted to the Commission by virtue of article 19 to seek, through the Commission, information from public officers regarding the entitlement of a person to be registered as a voter and the duty of such public officers to give such information shall also apply in relation to the party delegates. This information is to be given with a l l t h e n e c e s s a r y d e t a i l s an d i s t o b e g i v e n f o r t h w i t h . T h e Commission shall give a copy of all requests for information and of all replies also to the other party delegates. GENERAL ELECTIONS PART VI Publication of Electoral Register 30.
(1)The lists of all persons who are entitled to be registered as voters for the election of Members to the House in accordance with the provisions of this Act, shall constitute the Electoral Register. Electoral Register.
(2)The Electoral Register shall be compiled in accordance with the provisions of this Act.
(3)The Electoral Register shall be compiled in such manner that the public may be aware of the persons who are registered as voters, and in such manner to enable the identification of every voter and giving every voter the opportunity to object to the inclusion of any other voter in accordance with the provisions of this Act. 31.
(1)The Electoral Register shall consist of as many parts as there are localities, one for each locality, and each locality may be subdivided into as many parts as the Commission may deem necessary or convenient. For the purposes of this Part of the Act, the word "locality" shall have the same meaning assigned to it in the Local Government Act. Compilation of Electoral Register. Amended by: XV. 1996.16; L.N. 426 of 2012.
(2)The Electoral Register shall, in each article be drawn up in alphabetical order according to the name of each street and voters shall be shown in alphabetical order of surnames under the name of the street where they are registered and against the name of each voter his ordinary place of residence and a legally valid identification document number shall be shown.
(3)The Electoral Register may also include against the name of each voter any other particulars which may be considered necessary for the proper identification of each voter.
(4)Any printing error in any particular so shown shall not of itself affect a person’s entitlement to vote. 32.
(1)The Electoral Register shall include all persons who are entitled to be registered as voters in accordance with the provisions of this Act, on the day mentioned in the following article. Contents of Electoral Register.
(2)The Electoral Register shall not include any person who is not entitled to be registered as a voter in accordance with the preceding provisions of this Act, on the day mentioned in the following article. 33.
(1)The Commission shall cause a revised Electoral Register to be published in a non-searchable electronic format on its website twice a year, that is to say, in the month of April and in the month of October. Such Register shall contain all corrections, additions, transfers and cancellations as on the thirty-first day of March and the thirtieth day of September immediately preceding the publication thereof. The Commission shall publish in the Gazette a notice that the relevant Register has been published. Publication of Electoral Register. Amended by: XV. 1996.17; XIV. 2012.2; XVII. 2014.2; IV.2018.8; XI.2019.5. GE N E R A L E L E C T I O N S
(2)The Electoral Register shall be published in two distinct formats. The first format shall be divided into as many parts as there are localities whilst the second format shall be divided into as many parts as there are divisions: For all the purposes of this Act the Electoral Register published in the first format shall be considered to be the Electoral Register required by this Act and changes relative to the registration of voters in the said register appearing in the said first format shall also be made and published by the Commission in the register published in the second format.
(3)Each format of the Electoral Register shall indicate the total number of voters registered in each locality or division as the case may be subdivided by street, part of locality or locality as the case may be, as well as the total number of voters for each locality and division, as the case may be, that have been added, deleted, transferred from one locality or division, as the case may be, to another and shall indicate by a distinguishing mark the names of all voters who have been registered for the first time or who have been added to the register after their registration had been previously cancelled by the Commission. Such information shall be given in such format as the Commission may deem makes it most comprehensible to the public.
(4)Where the Commission in exercise of its powers under article 31
(1), subdivides any locality it shall show such information for each part of that locality so subdivided.
(5)The Commission shall cause to be published in the Gazette and in a non-searchable electronic format on its website as soon as possible after the dissolution of Parliament and in any case not later than five days after the publication of the Writ in the Gazette, a revised Electoral Register, the revision of which shall include: (
- a)any alteration to the boundaries of the electoral divisions which may have been approved by the House under the provisions of article 61 of the Constitution in the interim between the publication of the last revised Electoral Register and the dissolution of Parliament; (
- b)all corrections, additions, transfers and cancellations effected from the date of the publication of the last revised Electoral Register published in terms of subarticle
(1); and Additions, cancellations and corrections by Revising Officer. (c) any person who has since the publication of the last revised Electoral Register attained or shall attain the age of sixteen years up to and including the day preceding the day on which the election is to be held provided that such persons are, except for the fact that they are not listed in the last revised Electoral Register published in terms of sub-article
(1), qualified to be registered as voters in accordance to article 57 of the Constitution of Malta. 34. Any additions, cancellations or corrections to the Electoral Register ordered by a Revising Officer in accordance with the provisions of this Act shall be published by the Commission in the Government Gazette and shall form part of the Electoral Register. GENERAL ELECTIONS 35.
(1)Whenever an election is to be held, the voters shall be those whose name appears in the revised Electoral Register published in terms of article 33
(5), subject to such additions, cancellations or corrections ordered by the Revising Officer, and the Commission shall not have the right to withhold any voting document to any voter who is so registered unless such voter has died: Voters at election to be those in last Electoral Register. Substituted by: XIV. 2012.3. Provided that nothing in this article shall entitle any person to vote, who has ceased to have the necessary qualifications to vote or relieve such person from penalties to which he may be liable for so voting. Nor shall anything in this article entitle any person to vote unless he satisfies the requirements of this Act.
(2)The public officers indicated in article 20, the Commissioner of Police, the Registrar of the Courts of Malta and the Registrar of the Courts of Gozo, shall be required to furnish the Commission with all information it may require to determine whether or not a person is entitled to be registered as a voter. PART VII Appeals to Revising Officer
- Any person who has his designation or other particulars in the Electoral Register corrected or his name transferred to another address or division by virtue of the power vested in the Commission by the proviso of article 23 may appeal to a Revising Officer not later than twenty-one days from the day when he is officially informed of the decision of the Commission. Appeals in case of forced correction or transfer. Amended by: XV. 1996.
- Any person whose application to be registered as a voter or for the correction of his designation or other particulars appearing in the Register or for the transfer of his name to another address or division is rejected by the Commission shall have the right to appeal to a Revising Officer not later than twenty-one days from the day when he is officially informed of the decision of the Commission. Appeals in case of refusal of application. Amended by: XV. 1996.
- 38.
(1)Any person whose registration as a voter is cancelled from the Electoral Register by virtue of the power vested in the Commission in terms of article 24 shall have the right to appeal to a Revising Officer. Appeals in the case of cancellation of registration. Amended by: XV. 1996.20; XVI. 2002.6.
(2)Such appeal may be filed at any time up to fifteen days before the date fixed for the election, and any such appeal shall be allowed if the applicant had, on the day in which he filed the appeal, all the qualifications to be registered as a voter. 39.
(1)Any person whose name has not been included in the Electoral Register and who claims that he has the necessary qualifications to vote, and, every voter who claims that his designation, address or other particulars have not been correctly shown in the Electoral Register may appeal to a Revising Officer to have his name included in the Electoral Register or to have his designation, address or other particulars corrected, as the case may be, not later than twenty-one days after the publication of the Appeals following publication of Electoral Register. GE N E R A L E L E C T I O N S Electoral Register.
(2)A Revising Officer may order the inclusion of a person’s name in the Electoral Register or the correction of the designation, address or other particulars in accordance with sub-article
(1), notwithstanding that no prior application may have been made to the Commission for such purpose. Appeals by third person following publication of Electoral Register. Amended by: XV. 1996.21. 40.
(1)Any registered voter who claims that any other person whose name appears in the Electoral Register either is not entitled to be registered as a voter, or, that the relative designation, address or other particulars are not correctly shown in the Electoral Register in accordance with the provisions of this Act, shall have the right to appeal to a Revising Officer not later than twenty-one days after the publication of the Electoral Register either to have the name of such voter expunged from the Electoral Register or to have the designation, address or other particulars correctly shown.
(2)A Revising Officer may order the cancellation of the registration of such voter or the correction of the designation, address or other particulars in accordance with sub-article
(1), notwithstanding no prior application may have been made to the Commission for such purpose. Hearing of appeals. Amended by: XV. 1996.22. 41.
(1)A Revising Officer shall before determining any appeal hear the appellant, the Commission and the person, if any, against whom the appeal is made, and shall admit such other evidence and hear such other persons as he may consider necessary.
(2)Where the application is for the cancellation of the registration of a voter on the grounds of mental infirmity, the Revising Officer shall forthwith refer such application to the Medical Board referred to in article 27.
(3)The provisions of sub-article
(1)shall mutatis mutandis apply to proceedings before the Medical Board as they apply to proceedings before a Revising Officer.
(4)The decision of the Medical Board shall be signed by all the members of the Medical Board and its Chairman shall refer it to the Revising Officer who shall determine the appeal in accordance with such decision. Adjournment of pending appeals. Amended by: XV. 1996.23; XIX.2018.
- Revising Officers and the Court of Appeal shall adjourn sine die the consideration of all applications filed under the provisions of this Act and still pending fourteen days before the date fixed for the election or referendum. Certificates to be forwarded to Commission. Amended by: XV. 1996.
- The registrar of each of the Courts of Magistrates shall without delay forward to the Commission a certificate signed by the registrar personally giving the names, addresses and particulars of all persons who, by order of the Revising Officer are to be added to or expunged from the Electoral Register or whose designation, address or other particular are to be corrected and the Commission shall revise the Electoral Register accordingly. Copies of such certificates shall be sent by the Commission to the party delegates within five days of their receipt and shall be published in the GENERAL ELECTIONS Gazette as soon as possible. PART VIII Notices, Voting Documents and Ballot Papers 44.
(1)Whenever an election is to be held, the President shall give notice thereof to the Commissioners by a Writ under his hand, hereinafter referred to as "the Writ" in the form set out in the Sixth Schedule to this Act. Election Writ.
(2)The Commissioners shall cause the Writ to be published in the Gazette. 45. Within three days of the publication of the Writ, the Commissioners shall cause a notice or notices to be published in the Gazette stating: (
- a)the website and/or manner in which candidates may submit their nominations electronically; the place where, and date and time when, the Commissioners will be in attendance to receive nominations of candidates for election as Members of the House, and any objections to such nominations, such place being referred to in this Act as the Electoral Office. The time during which nominations of candidates for election may be made shall not be less than five days and shall not commence to run before six days from the date of the publication of the notice referred to in this article, and the time during which objections to such nominations may be made shall not extend beyond one day from the expiration of the time fixed for the receipt of nominations; (
- b)the places where, and the days and hours when voting shall be held. Voting shall not take place before the expiration of three days from the date of the publication of the notice referred to in article 54
(3); (
- c)the place to which the ballot boxes shall be taken by the Assistant Commissioners after the close of voting, which shall also be the place where such boxes shall be kept until the counting of the votes; (
- d)the place where, the date and time when the ballot boxes shall be opened and the counting of votes shall take place. (
- e)whether the Commission has decided to use an Electronic Counting System: Provided that a published decision to use an Electronic Counting System shall not operate so as to prevent the Commission, in its considered opinion, from rescinding or retracting at any time, its decision to use an Electronic Counting System to revert to the manual system as outlined in the Thirteenth Schedule. Notice to be published by Commissioners. Amended by: XV. 1996.25; XI.2019.6. Voting Document. Amended by: XV. 1996.26; XIV. 2012.4; L.N. 426 of 2012. XIX.2018.5. GE N E R A L E L E C T I O N S 46.
(1)Within nineteen days of the publication of the Writ, the Commission shall forward to each voter, whose name appears in the last revised Electoral Register, a document hereinafter referred to as the "voting document" in the form set out in the Seventh Schedule to this Act and made of such security paper and material and in such manner as in the opinion of the Commission provides adequate security against forgery. Voting documents shall be numbered consecutively, each document having such distinctive number stamped on the face of it: Provided that wherever the Commission is satisfied that a person whose name appears on the Electoral Register is dead, the relative voting document shall not be forwarded, and where such voting document has been forwarded the Commission shall withdraw it: However the voting documents of the persons listed in the list of residents of the Corradino Correctional Facility according to article 77
(3)(e) shall be kept by the Commission and shall be distributed to the voting residents in the mentioned Facility on the polling day established in article 77
(4)(e)(ii)(cc): Provided further that the Commission shall not forward a voting document to any voter in respect of whom the Commission does not possess a photograph, and in respect of such voters the Commission shall follow the following procedure: (
- i)within three days of the publication of the writ, the Commission shall publish in the Gazette a list of the said voters stating their name, surname, place of residence and a legally valid identification document number; (
- ii)the names of such voters shall not be published in the list mentioned in sub-article
(6); (iii) the voting document of such voters shall only be issued if the voter satisfies the requirements of article 47 and shall be in accordance with the provisions of that article.
(2)The political parties shall be granted all reasonable facilities to watch the printing of all voting documents, to check the e xa c t n e s s t h e r e o f a n d g e ne r a l l y t o e ns ur e t h a t on l y v o t in g documents of voters entitled to receive them are printed. The Commission shall also print on the voting document such reasonable security code as requested by the political parties and as the Commission may think fit, provided that the political parties shall deliver such security code to the Commission immediately prior to the start of printing of the voting documents or not later than such time, not being prior to twenty-four hours prior to such printing, that the Commission may establish because of technical necessity; the delegates shall be given the facility to verify the exactness thereof even by means of a dummy run of the process and by means of an audit trail that establishes the validity of the system at any stage of the process and to be given a copy of the audit trail.
(3)The voting documents printed in accordance with the previous sub-article of this article shall, until such time as they are GENERAL ELECTIONS forwarded to voters, be kept in boxes sealed with the seal of the Commission. The party delegates shall have the right to affix their own seals to such boxes and to be present whenever such seals are broken. This article shall mutatis mutandis also apply with regard to the voting documents which remain undistributed, in terms of sub-article
(4), when voting documents are issued in terms of subarticle
(6), and to the voting documents which remain undistributed.
(4)The voting document shall be served on each voter by a police officer or by any other person appointed for the purpose by the Commission, and such document shall be deemed to have been served by delivery to the person to whom it is addressed, or to an adult person, who either resides at the same address or is in his employment, at the address of the voter as shown in the Electoral Register. The political parties shall have the right to each nominate one representative to accompany each police officer or other person effecting service as aforesaid.
(5)(a) Any voter who is registered as a voter in Gozo may, in the period of ten days after the publication of the Writ, inform in writing the Commission that such voter desires that his document is collected by himself from the office of the Commission in Malta in the period starting from when undelivered voting documents can be collected in terms of sub-article
(9)up to the Thursday before polling day. (
- b)In such event the Commission shall, unless such voting document had already been delivered prior to the receipt of such request, ensure that such voting document is withheld or retrieved, and made available for collection by the voter personally from the office of the Commission in Malta on the days appointed for collection in terms of this sub-article. (
- c)Any voter who is registered as a voter in Malta may, in the period of ten days after the publication of the Writ, inform in writing the Commission that such voter desires that his document is collected by himself from the office of the Commission in Gozo in the period starting from when undelivered voting documents can be collected in terms of sub-article
(9)up to the Thursday before polling day. (
- d)In such event the Commission shall, unless such voting document had already been delivered prior to the receipt of such request, ensure that such voting document is withheld or retrieved, and made available for collection by the voter personally from the office of the Commission in Gozo on the days appointed for collection in terms of this sub-article. (
- e)The Commission shall keep a written record of all requests made by virtue of this sub-article and shall provide the parties with a list of such requests received, with such list being supplied first within two days after the publication of the Writ and updated every two days GE N E R A L E L E C T I O N S (
- f)thereafter. Any voter, who is registered as a voter in Malta or Gozo, may request the Commission to retrieve such voting document from either Malta or Gozo, as the case may be. Such requests shall reach the Electoral Commission before 6.00 p.m. of the Thursday before polling day in terms of sub-article
(9).
(6)When the Commissioners are unable to effect service of the document aforesaid they shall within six days from the time e s ta bl ish e d in su b -a rt i c l e
(1), p ub l ish i n t he G a z e tt e a li s t containing the names, a legally valid identification document number and addresses of the persons on whom the voting document has not been served, and shall state the reason why service has not been effected.
(7)Any person on whom the voting document has not been served and whose name appears in the list published in accordance with the preceding sub-article, may up to the Thursday immediately preceding the day of the voting, appear personally before one of the Commissioners or other person appointed by the Commission to act o n b e h a l f o f t h e C o m m i s s i o n e rs a n d c l a i m d e l i v e r y o f t h e document.
(8)The Commissioner or other person appointed by the Commission to act on behalf of the Commissioners may examine on oath any person so appearing for the purpose of ascertaining his identity and of establishing his claim to receive the document: Provided that the document aforesaid shall not be delivered to him unless he produces his legally valid identification document to the Commissioners.
(9)The Commission shall publish the place and times when voters may take delivery of their voting documents in terms of subarticle
(7). The Commission may designate any place for the collection of undelivered voting documents provided that the Commission shall allow a sufficient period for the collection of documents from each locality and a further period of time for collection from its office.
(10)Notwithstanding anything contained in sub-articles
(7),
(8)and
(9), where the Commission is aware that any person whose name appears on the list mentioned in sub-article
(6)is registered in a retirement home, or is in a hospital, or suffers from a disability or is bed-ridden or is otherwise physically unable to appear at one of the places designated by the Commission in terms of sub-article
(9)to claim delivery of his voting document, it shall be the duty of the Commission to effect service of such document on the person concerned either through one of the Commissioners or by any person appointed for the purpose by the Commission in their stead. The Commissioner or person appointed as aforesaid may examine such person on oath for the purpose of establishing his identity and of establishing the claim to receive the document. The document aforesaid shall not be delivered to such person unless he produces his legally valid identification document to the Commissioner or person appointed as aforesaid, as the case may be. GENERAL ELECTIONS
(11)If for any reason whatsoever other than any of the reasons mentioned in article 47, the Commission decides that it is necessary to reprint any voting document or documents it shall immediately inform the political parties accordingly giving them all relative information thereto. Any documents so reprinted shall bear the mark ‘REPRINT’ which mark shall not in any way obscure any of the information contained in the document.
(12)The political parties shall be given the faculty to supervise the process mentioned in the preceding sub-articles. 47. Where a person whose name appears in the last revised Electoral Register, but does not appear in the list published under article 46
(6), has not received the voting document or, after the receipt of such document, has lost or destroyed such document such person may not later than 9.00 p.m. of the Wednesday immediately preceding the commencement of voting, appear before one of the Commissioners, and if - Special Voting Document. Amended by: XV. 1996.27; L.N. 426 of 2012. (
- a)he proves his identity by the production of his legally valid identification document; and (
- b)makes a declaration on oath before any such Commissioner that he has not received the voting document or that, after the receipt of such document, he has lost or destroyed it, and such further declarations on oath as the Commissioner may require, he shall be given a voting document which shall bear the mark "SPECIAL" which mark shall not in any way obscure any of the information contained in the document. The word "SPECIAL" shall also be entered against the name of such voter in the list mentioned in article 64
(1)and a list of all the persons to whom a voting document is issued under this sub-article shall be kept at the Electoral Office and shall be open to inspection by any candidate, election agent, party agent or party delegate at all reasonable times until the poll closes. 48.
(1)Not later than the Friday before the start of the poll, the Commissioners shall cause to be published in the Government Gazette a list indicating the number of voting documents printed, the number distributed in terms of article 46
(1), the names and addresses of the persons who up to that time have claimed delivery thereof in terms of article 46
(7), the number of voting documents issued in terms of article 47 and the name, address and a legally valid identification document number of the persons to whom such documents have been delivered, the number and reasons for voting documents withheld and the names, addresses and a legally valid identification document number of the voters concerned and the number of voting documents remaining uncollected and the names, addresses and a legally valid identification document number of the voters concerned.
(2)Any political party shall have the right to nominate representatives to be present during the issuing of the voting documents in terms of article 46
(7)and article 47 and for this purpose the said parties shall be provided by the Commission with Number of Voting Documents. Amended by: XV. 1996.28; L.N. 426 of
- GE N E R A L E L E C T I O N S all such information as is required by them and as they may deem necessary for the better performance of their duties. Ballot Paper. Amended by: XV. 1996.29; XVI. 2002.7; XXI. 2007.7; XIX.2018.6; XI.2019.
- 49.
(1)The Commission shall, not earlier than twenty-one days but not later than ten days before the poll, print according to the Eighth Schedule such number of ballot papers as may be necessary for the poll in such form and on such material as may be prescribed under this Act. This does not apply to the printing on the rear of ballot papers according to Schedule 8A. Not later than five days from the printing of the ballot papers, the Commission shall produce a Braille template for use as a guide on the ballot paper as well as a playback listening device by which a blind person may recognize the political parties and their candidates in the same manner as they are printed. Such m a t e r i a l s s ha l l b e av a i la b l e fo r r e a s on a b l e s c r ut i ny b y t he representatives of the political parties contesting the poll to ascertain the transparency of the procedure, which scrutiny shall be exercised not later than five days before the first poll. Should no objection be raised the materials shall be deemed to have been approved by the Commission: Provided that any objection raised by any political party representative shall be decided by the Commission within twenty four hours of it being raised and should the objection be accepted by the Commission any alteration or amendment to the material shall be made within twenty-four hours of the decision of the Commission and communicated to the political party representatives.
(2)The Commission shall ensure that ballot papers are made of such security paper and carry such markings as to ensure that they may not be duplicated and not later than two days prior to the commencement of the voting, the Commission shall cause to be published in the Government Gazette the number of ballot papers printed for each electoral division and the number to be distributed to each individual polling booth.
(3)The ballot-paper of each voter shall consist of a paper in the form set out in the Eighth Schedule of this Act, containing a list of candidates described by the name (including any nickname), address and profession or occupation as given in their respective nomination paper, and a photograph taken in black with a white background of each of them and as approved by the Electoral Commission. The photograph shall be submitted to the Commission by electronic means by the fifth day after the established time for objections to a nomination. In the case where the candidate does not conform himself, the Commission shall be authorised to use the photograph which the candidate has on his identity card.
(4)Candidates shall be arranged by political party and, within each party group alphabetically in the order of their surname. If there are two or more candidates of one party with the same surname, they will be arranged in order of their other name or names.
(5)Every political party contesting the election shall provide the Commission with the names of the candidates contesting the election in its own interest. The list shall be conclusive evidence as GENERAL ELECTIONS to whether a particular candidate belongs to that political party and such list shall be delivered to the Commission by the last day of the day fixed for the receipt of nominations.
(6)If supplied by the party to which he belongs, there shall be printed on the ballot paper immediately preceding the name of each candidate belonging to that party any badge or device, approved by the Electoral Commission, indicating the political party, if any, to which the candidate belongs, or otherwise calculated to assist the identification of the candidate by the voter.
(7)Ballot-papers shall show different colours for parties contesting all electoral divisions and having not less than four candidates in each division. Such colours shall be assigned by the Electoral Commission: Provided that any party may decline the colour so assigned to it, and in any such case the ballot paper shall not show any special colour for that party.
(8)Parties will be placed on the ballot paper in alphabetical order. 50.
(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. Distribution of ballot papers. Amended by: XIX.2018.7
(2)The Electoral Commission shall retain possession of all packets until the day of the poll when it shall deliver the same to the Assistant Commissioners prior to the start of voting.
(3)Representatives of the political parties shall be granted all reasonable facilities to oversee the printing and checking of all ballot papers, the packing thereof and their distribution to the Assistant Commissioners, and to affix their seals to all packets prepared by the Electoral Commission for delivery to the Assistant Commissioners. PART IX Nomination of Candidates 51.
(1)A candidate for election shall be nominated in writing or by electronic means: (
- a)where a candidate is nominated in writing, the nomination paper, which shall be in the form set out in the Ninth Schedule to this Act, shall be signed by the candidate himself, (or, in the event of his absence from these Islands, by a duly appointed representative), and by, at least, four voters registered in the electoral division for which the candidate is nominated. The nomination paper shall be delivered to one of the Commissioners at the Electoral Office by the candidate himself or if he is prevented by illness or absence from these Islands by` his lawful representative, authorised in writing, within the period Nomination of Candidates. Amended by: XV. 1996.30; XVI. 2002.8; XI.2019.8. GE N E R A L E L E C T I O N S specified in the notice referred to in article 45; (
- b)where a candidate is nominated by electronic means, the nomination form, which shall be in the form set out in the Ninth Schedule to this Act, shall be filled in through a website prepared for that purpose by the Commission which nomination shall be electronically signed by the candidate. The nomination will also include an attestation to the nomination by at least four voters registered in the electoral division for which the candidate is nominated, which attestation shall be provided through the said website in the manner and form established by the Commission. The nomination is to be submitted within the period specified in the notice referred to in article 45.
(2)Immediately after a nomination has been delivered to the Commission the name of the candidate shall be posted at the entrance of the Electoral Office with an indication of the division for which the candidate was nominated. Delivery of the nomination paper to the Commission and acceptance of delivery by the C o m m i s s i o n s h a l l n o t o f i t s e l f i n d i c a t e t h e v al i d i t y o f t h e nomination and the Commission shall not make any statement thereon other than inform the candidate accordingly and to take delivery of the form and deposit, if any, and give due receipt.
(3)Objections may be made to a nomination on the ground that the candidate is not registered as a voter in the last published Electoral Register or that the description of the candidate is insufficient to identify the candidate, that the nomination does not comply with, or was not delivered in accordance with the provisions of this Act, that the deposit prescribed by article 52 has not been paid or that the candidate already stands nominated for two electoral divisions: Provided that no such objection may be made after the expiration of the time fixed for the making of such objection in the notice, referred to in article 45.
(4)Every objection shall be in writing and signed by the objector and shall specify the ground of the objection. The Commission itself shall raise an objection if it believes that any of the grounds mentioned in sub-article
(3)exist.
(5)For the purpose of this article, any voter may ask the Commissioners to be allowed to see and examine any nomination paper accepted by them.
(6)On receipt of any objection in terms of sub-articles
(3)and
(4), th e Com m issio n sh all fi x a dat e f or th e hearin g o f the objection, shall immediately inform in writing the candidate objected to, giving him a copy of the objection filed against him, and shall inform both the objector as well as the candidate of the day appointed for the hearing of the objection. Service shall be effected by any means which the Commission deems proper to ensure receipt by the parties concerned of the said notices in the GENERAL ELECTIONS least possible time.
(7)All objections shall be determined by the Commission not later than two days after the expiration of the time allowed for the making of objections by this Act and both the objector as well as the candidate shall have the right to appear before the Commission accompanied by any other person they may think fit to assist them in their representations to the Commission.
(8)The Commission shall at least two days before delivering its decision publicly announce the time and date when its decision shall be delivered. The decision shall be delivered in writing and shall contain the grounds upon which it is based. The Commission shall cause such decision to be posted up in a public place at its office where any person interested may view it:
(9)Where the decision of the Commission does not uphold the objection, it shall be final. Where the decision upholds the objection the candidate may contest the decision by filing an application in contestation with the Commission before the Court of Appeal within twenty four hours of the delivery of the decision by the Commission. The Court of Appeal shall hear such applications with urgency and shall determine the same before the time when in terms of article 49 the Commission is to start printing the ballot papers. 52.
(1)A candidate at any election shall deposit, or cause to be deposited on his behalf, with the Commission, before his nomination can be accepted, the sum of ninety euro
(90)in respect of each nomination, and if he fails to do so, the nomination in respect of which no deposit has been made shall not be accepted by the Commissioners.
(2)If after the deposit is made the candidature is withdrawn in pursuance of the provisions of this Act, the deposit shall be returned to the person by whom it was made; and if the candidate dies after the deposit is made and before the voting has commenced, the deposit, if made by him, shall be returned to his heirs and if not made by him, shall be returned to the person by whom it was made.
(3)If a candidate who has made the required deposit is not elected, and the number of votes polled by him does not exceed one-tenth of the number of votes polled divided by the number of members to be elected for that division, the amount deposited shall be forfeited and paid by the Commissioners into the Consolidated Fund but in any other case the amount shall be returned to the candidate, where the candidate is elected, as soon as he has taken the oath as a member, and where the candidate is not elected, as soon as practicable after the result of the election is declared.
(4)Where a candidate is nominated at an election in two divisions he shall not recover his deposit more than once unless he is elected in both divisions, and if such candidate fails to obtain, in either division, the minimum number of votes required in accordance with sub-article
(3)he shall forfeit both deposits. Deposit by candidates at elections. Amended by: L.N. 425 of 2007. GE N E R A L E L E C T I O N S
(5)For the purpose of this article the number of votes polled by a candidate shall be the highest number of votes credited to him at any time during the counting of the votes. Report by Commissioners if no candidates are nominated. Amended by: XV. 1996.
- If at the expiration of the time fixed for the nominations of candidates, no candidate shall have been nominated for an electoral division, the Commissioners shall cause a report to that effect to be published in the Gazette on the following day, and in such case the President may issue a new Writ for an election for that division. Uncontested and contested elections. 54.
(1)If at the expiration of the time fixed for the receipt of a nomination, the number of candidates nominated for an electoral division is equal to or less than the number of candidates that the voters in such divisions are entitled to return, the Commissioners shall return to the President the names of the candidates nominated as members elected to the House to represent that division and such return shall be published in the Gazette.
(2)If the number of candidates nominated for an electoral division be less than that which the voters in that division are entitled to return, the President on the return made to him in terms of sub-article
(1), shall issue a new Writ for the election of members to fill the remaining vacant seats in that electoral division, and if thereupon no candidates are nominated, or if the number of candidates nominated is less than the number of vacant seats, the seats thereafter remaining vacant may be filled by the cooption of a member or members by the House and the President shall not issue a new Writ in respect thereof.
(3)If more than such number of candidates as aforesaid be nominated for an electoral division, the Commissioners shall cause a notice to be published in the Gazette over their signature stating the names of the candidates and the division for which they have been nominated. No person whose name has not been published in the said notice may be elected to be a Member of the House. Withdrawal of candidature. Amended by: XV. 1996.32; XIX.2018.9; XI.2019.9. 55.
(1)A candidate may, until fourteen days prior to polling day, withdraw his candidature by giving notice to the Commission to that effect. Such notice shall be signed by the candidate or if he is absent from these Islands, by his duly appointed representative. Threatening the secrecy of the vote. Added by: XI.2019.10. 55A. Any person who, having been given access to the images of the Electronic Ballots together with their interpretation and/or the data set containing the preferences of voters as shown in the Electronic Ballots, uses the said data for any purpose other than that provided in regulation 14
(1)of the Thirteenth-A Schedule or otherwise retains or fails to remove the said data following the conclusion of the verification process shall be guilty of the offence of threatening the secrecy of the vote.
(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. GENERAL ELECTIONS PART X Assistant Commissioners 56.
(1)Subject to the provisions of the following articles of this Act, the Commission shall appoint as many Assistant Electoral Commissioners hereinafter referred to as "Assistant Commissioners" as may be necessary, to superintend the election in the manner herein prescribed. No Assistant Commissioner shall be appointed to superintend the poll in the electoral division in which he resides or where he habitually exercises his profession or calling.
(2)The Commission may appoint one official referred to as "Polling Place Officer" for each polling place containing more than two polling booths. This officer or officers who will have the exclusive role of coordinator between the Electoral Commission and the Chairpersons, nominated in accordance with article 57
(6), to follow instructions of the Commission and they shall in no way take any decisions regarding any situations which may arise, which decisions shall remain the exclusive responsibility of the Electoral Commission.
(3)The Assistant Commissioners shall take the oath of office as set out in the Tenth Schedule to this Act, before one of the Commissioners and shall follow the instructions which they may receive from the Electoral Commission for the discharge of their duties.
(4)Should the extraordinary circumstances referred to in subarticle
(3)(g) of article 77 arise, the Commission may, after consultation with the Superintendent of Public Health, appoint such officers from amongst healthcare workers in Malta to assist the Assistant Electoral Commissioners, without assuming in any way any of the duties of an Assistant Electoral Commissioner, at mixed polling places designated in terms of the said sub-article
(3)(g), and this always subject to such terms and conditions as the Commission may deem fit, and such officers shall be subject to the same obligations as Assistant Electoral Commissioners with regard to the voting of persons whom they have assisted to vote: Provided that a person may be appointed as an officer to assist the Assistant Electoral Commissioners even if he is not registered as a voter in the last published Electoral Register, but a person may not be so appointed: (
- a)if he is a candidate for election to the House; or (
- b)if he is a relative by consanguinity or affinity up to the second degree of any candidate for election to the House; or (
- c)to assist with the poll in the electoral division in which he resides; or (
- d)to assist with the poll in the electoral division where he Appointment of Assistant Commissioners. Amended by: XIX.2018.10; II. 2022.2. GE N E R A L E L E C T I O N S habitually exercises his profession or calling; or (
- e)if he is manifestly, in the opinion of the Commission after consulting the party delegates, unsuitable or not sufficiently qualified to perform the functions of an officer to assist the Assistant Electoral Commissioners: Provided that such person as appointed by the Commission shall not be present whilst the voter is voting and in each and every case, every voter shall vote in the presence of the Assistant Electoral Commissioners alone. Nomination of Assistant Commissioners. Amended by: XV. 1996.33; XVI. 2002.9; XIX.2018.11. 57.
(1)Every political party shall, within twelve days of publication of the Writ, be entitled to nominate a number of persons, equal to one and one-third the number of polling booths that there are in the electoral divisions being contested by it, to act as Assistant Commissioners, and to the extent that such persons have the necessary ability to perform the functions of Assistant Commissioner and are not disqualified from so acting by the provisions of this Act, the Commission shall appoint Assistant Commissioners from amongst such persons.
(2)In submitting such lists the political parties may distinguish between those persons whom they wish to see appointed to a polling place or a particular polling booth and those persons whom they wish to be held in reserve and shall moreover have the right to indicate who of the persons nominated by them should be assigned to polling places in retirement homes and hospitals. The political parties may, if they so prefer, submit such lists in electro-magnetic format. Notwithstanding the nomination by a political party each person so nominated shall still file any application required by the Commission from any other person wishing to serve as Assistant Commissioner; provided that the actual filing of such application may be made by the political party on behalf of such person.
(3)For the purpose of the time established in sub-article
(1), the Commission shall not later than two days after the publication o f t h e Wr i t i n f o r m t h e p a r t i e s o f t h e n u m b e r o f A s s i s t a n t Commissioners that each party will be required to nominate.
(4)The Commission shall moreover itself nominate as Assistant Commissioners such number of persons as is necessary in order that in each of the polling booths there be in attendance at all times at least one person nominated by the Commission to act as Assistant Commissioner.
(5)In no case shall there be less than three Assistant Commissioners nominated to superintend the poll in each polling booth and should all or any of the political parties fail to nominate all or any Assistant Commissioners in terms of and within the time established in sub-article
(1), the Commission shall itself nominate other Assistant Commissioners in order to ensure that, at least, three Assistant Commissioners are in attendance in each polling booth.
(6)The Assistant Commissioner nominated by the Commission shall act as Chairperson at the polling booth to which each group of Assistant Commissioners are assigned and during voting only the GENERAL ELECTIONS Chairperson shall, when required, communicate with the voters.
(7)The Commission shall, at least five days prior to the start of the poll, forward to each Assistant Commissioner or to the party on their behalf a tag to be worn by them in the polling place indicating their office as Assistant Commissioners and their names. 58.
(1)A person shall not hold the office of Assistant Commissioner if he is a candidate for election to the House, or is a relative by consanguinity or affinity up to the second degree to any candidate for election, or is not registered as a voter in the last published Electoral Register or is manifestly in the opinion of the Commission, after consulting the party delegates, unsuitable or not sufficiently qualified to perform the functions of Assistant Commissioner. Disqualifications and publication of names of Assistant Commissioners. Amended by: XV. 1996.34; XVI. 2002.10; L.N. 426 of 2012.
(2)Within two days following the day mentioned in article 57
(1)the Commission shall deliver to the political parties a list of all persons nominated to act as Assistant Commissioners indicating their names, a legally valid identification document number, addresses, occupation and the political party nominating each person as well as the polling booth at which each will be in attendance. 59.
(1)The political parties, not later than four days after the day mentioned in article 58
(2), shall have the right to object in writing to the Commission with respect to the appointment of any person as Assistant Commissioner on any of the grounds mentioned in article 58
(1).
(2)Where an objection is received by the Commission in terms of the preceding sub-article of this article, it shall, not later than the next following day, call a meeting of the party delegates to discuss such objections. Each party delegate may nominate a representative to attend at such meeting in his stead.
(3)Any objection made in accordance with the preceding subarticles shall be determined by the Commission. The determination by the Commission shall be final and binding on all concerned. Where after hearing such objections the Commission determines that a person nominated by a political party to be appointed as an Assistant Commissioner shall not be so appointed, the political party which had nominated that person shall have the right to nominate another person in his stead.
(4)The fresh nominations mentioned in the preceding subarticle of this article shall be made immediately after the determination of all the objections. The times mentioned in subarticles
(1)and
(2)shall apply to objections to persons nominated as Assistant Commissioners in terms of sub-article
(3), and if any objection is received and upheld by the Commission, the Commission itself shall appoint another person to be Assistant Commissioner in his stead and such appointment shall be final and no objection may be made in respect thereof.
(5)Upon final determination of all objections the Commission shall assign the Assistant Commissioners to the various polling Objections to Assistant Commissioners. Amended by: XV. 1996.35; XVI. 2002.11; L.N. 426 of 2012. GE N E R A L E L E C T I O N S booths; such distribution shall be made in such manner as to ensure that in each polling booth there is, at least, one Assistant Commissioner nominated by the Commission and one Assistant Commissioner nominated by each party contesting the election in that division: Provided that where a political party has not nominated a sufficient number of persons to be appointed Assistant Commissioners, the Commission shall only be required to assign, in respect of that political party, such Assistant Commissioners as have been nominated by it and appointed Assistant Commissioners.
(6)The Commission shall, within two days of the final determination referred to in the preceding sub-article, cause a list to be published in the Gazette showing the name, address, a legally valid identification document number and occupation of each Assistant Commissioner appointed, the polling booths to which each has been assigned, and indicating the Assistant Commissioners who are assigned but held in reserve.
(7)After the final distribution of all Assistant Commissioners and up to the end of voting, the Commission alone shall have the right to substitute Assistant Commissioners and then only for grave and sufficient reasons and in such manner as to ensure that where the Assistant Commissioner substituted is one nominated by a political party, his substitute shall be a person nominated by the s a m e p a r t y, p r o v i d e d a s u f f i c i e n t n u m b e r o f A s s i s t a n t Commissioners have been nominated by that party. PART XI Voting Appointment of Candidate’s Agent. Amended by: XV. 1996.36. 60.
(1)On or before the day of nomination at an election a person shall be named in writing by or on behalf of each candidate as his agent for such election and such person is in this Act referred to as the candidate’s agent.
(2)A candidate may name himself as candidate’s agent, and thereupon shall, so far as circumstances admit, be subject to the provisions of this Act, both as a candidate and as an candidate’s agent, and any reference in this Act to an candidate’s agent shall be construed to refer to the candidate acting in his capacity of candidate’s agent.
(3)One candidate’s agent only shall be appointed for each candidate, but the appointment, whether the candidate’s agent appointed be the candidate himself or not, may be revoked, and in the event of such revocation or of the death of the candidate’s agent, whether such event is before, during, or after the election, then forthwith another candidate’s agent shall be appointed, and his name and address declared in writing to the Commissioners, who shall forthwith give public notice of the same. GENERAL ELECTIONS 61.
(1)Every political party shall have the right to nominate as its agents such number of persons as is equal to the number of ballot boxes and such persons are in this Act referred to as party agents. A political party may designate as a party agent, a person already nominated by it as Assistant Commissioner in which case such person may act both as Assistant Commissioner and party agent. Appointment of party agents. Amended by: XV. 1996.37; XVI. 2002.12; L.N. 426 of 2012.
(2)The party agents so nominated shall have the right to be present in the polling booths prior to the start and at the close of the poll for the purposes provided for in this Act.
(3)Political parties exercising the right granted to them by subarticle
(1)shall forward a list to the Commission containing the names and the legally valid identification document numbers of the persons nominated by them as its agents not later than the day appointed for the nomination of Assistant Commissioners in terms of article 57.
(4)Any political party which has exercised its right to nominate agents, may up to the Thursday before the poll, substitute not more than ten per centum thereof and the procedures for nomination, objection and decision regarding Assistant Commissioners nominated by political parties shall mutatis mutandis apply to substitute agents. 61A.
(1)Each political party may nominate a number of persons equal to the number of electoral divisions that are being contested by it to act as district co-ordinators for it and such persons are in this Act referred to as district agents.
(2)The district agents shall represent the party nominating them with the Commission in the district to which they are appointed and for this purpose shall have access to the Commissioners at all times and shall have the right, notwithstanding any other provision of this Act to the contrary, to accompany any Commissioner into any polling place or polling booth for the purpose of determining any matter that may arise during voting: Provided that a district agent may not so accompany a Commissioner unless a district agent of another party is also present.
(3)Unless exceptionally authorised to do so by any Commissioner, in no case may a district agent interrogate any person lawfully entrusted by the Commission to carry out any duty during the elections or to seek information from them nor may they without such authorisation interrogate any voter.
(4)Political parties exercising the right granted to them by subarticle
(1)shall forward a list to the Commission containing the names and the legally valid identification document numbers of the persons nominated by them as district agents not later than the day appointed for the nomination of Assistant Commissioners in terms of article
- District agents. Added by: XV. 1996.
- Amended by: XVI. 2002.13; L.N. 426 of
- GE N E R A L E L E C T I O N S Persons guilty of corrupt practices not to be appointed agents. Amended by: XV. 1996.39; XVI. 2002.
- No person shall be appointed district agent, transport agent or party agent who is not registered as a voter in the last published Electoral Register or who has within seven years previous to such appointment been found guilty of any corrupt practice under this Act or is determined by the Commission to be manifestly unsuitable to act as such. Identification of agents. Amended by: XV. 1996.40; XVI. 2002.15; L.N. 426 of
- 63.
(1)The Commissioners shall not later than seven days before the start of the voting forward to such agent a tamper proof identity document bearing the photograph of the agent franked with the seal of the Commission and indicating the name, address and a legally valid identification document number of the agent and by whom he has been nominated. The identity documents as issued shall be progressively numbered, shall be of a different colour so as to easily distinguish election, transport and party agents and shall be worn in a conspicuous manner by the agent concerned in the exercise of his functions.
(2)The Commission shall forward to each political party which asks for them in writing the lists of all agents submitted by all the other political parties as well as all candidates’ agents submitted by the candidates and by whom they have been nominated within two days of the receipt thereof and the political parties may make objections thereto within four days thereof. Polling places and polling days. Amended by: XV. 1996.41; XVI. 2002.16; L.N. 426 of 2012. 64.
(1)(
- a)In each polling booth a list of voters entitled to vote in that polling booth together with copies of the photograph of each voter shall be kept by the Assistant Commissioners. Every page of such list and every correction or cancellation thereon shall be signed by a Commissioner and a party delegate of each political party or by such other person appointed by each political party in writing for the purpose. (
- b)Copies of such lists without photographs shall be forwarded by the Commission to all political parties contesting the election at least fifteen days prior to the day fixed for voting and the Commission shall keep the political parties informed of all changes effected to such lists. The lists shall identify the polling booth where each voter entitled to vote shall exercise his right to vote, shall list the voters who are to vote in each polling booth in alphabetical order according to the surnames of the voters, assigning to each voter a distinct and consecutive number and indicating the name, surname, address and a legally valid identification document number of each voter as well as the registered number of the respective voting document of each voter. (
- c)The Commission shall also forward to political parties receiving such lists any alteration, addition or deletion to or from such lists on a daily basis up to the day immediately preceding the poll and such political parties may check the correctness of the information held or received by them with the Commission at any GENERAL ELECTIONS time. (
- d)The name of every voter who delivers a valid voting document and to whom a ballot paper is delivered by the Assistant Commissioners shall be marked on such list kept for the purpose by the Assistant Commissioners and in such manner as is directed by the Commission. (
- e)the list, given to Assistant Commissioner, of persons entitled to vote, shall be printed on security paper.
(2)Voting shall be held on a Saturday. Voting shall start at 7.00 a.m. and shall close at 10.00 p.m.: Provided that every voter, who at the close of time of voting is present in a polling place for the purpose of voting shall be entitled to receive a ballot paper and to vote: Provided further that, where the Commission are satisfied that the time allowed for voting has been, or will be, for any reason beyond their control, reduced at all or in any one or more of the places, they may, whether before or after the poll has commenced, extend the time fixed for the poll at such polling place or places so as to make good for the time lost, as aforesaid.
(3)The Commission shall, as far as possible, provide facilities so that handicapped persons, including persons in wheelchairs, may vote in comfort.
- No public meeting or public demonstration shall be held on the day immediately preceding the commencement of voting and on the day fixed for voting. Prohibition of public meetings and demonstrations.
- 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: Maintenance of order within 50 metres of each polling place. Amended by: XIV. 2012.
- 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.
- No person shall congregate during voting, in any street, square or other place, leading from the place of residence of any voter to any polling place, in such numbers or otherwise in such manner as to be likely to intimidate any voter, or to obstruct his approach to or from a polling place, or to lead to a breach of the peace. Maintenance of order outside 50 metres from polling place. Provisions with regard to polling booths and voting compartments. Substituted by: XV. 1996.
- Amended by: XVI. 2002.
- GE N E R A L E L E C T I O N S 68.
(1)The Commission shall ensure that, as far as possible, there is in each polling booth an adequate distance between the place where the Assistant Commissioners sit and the voting compartments within which voters are to mark their ballot papers. The voting compartments shall be constructed in such a manner as to exclude the possibility that any person may see how the voter is marking his ballot paper.
(2)The Commission shall request the political parties to furnish it with a sufficient number of photographs, each not exceeding seventeen centimetres by twenty three centimetres, of its candidates in order that the Commission may affix one photograph of each candidate in each polling booth of the electoral division in which the candidate is contesting. Each photograph shall have the name of the candidate and the name and badge of the party he is representing, if any, and photographs shall be displayed in the order th at the candidat es’ names appear on the ballot paper. The Commission shall give such directions as it may deem appropriate regarding the size and format of such photographs.
(3)The Commission shall ensure that in each voting compartment a copy of the Instructions to Voters set out in Schedule 8B to this Act are affixed in a place clearly visible to the voter and that writing instruments are available for use by voters.
(4)The Commission shall direct the Assistant Commissioners to ensure that they place the ballot boxes as near as possible to where they will be sitting and in such manner as they may clearly see the voter introducing the ballot paper into it and to ensure that the voter folds the ballot paper in such manner as to leave the official mark visible.
(5)The Commission shall prepare a room or rooms in each polling place wherein to store until the polling day the ballot boxes, the list of persons entitled to vote, ballot papers and other relevant documents and materials to be used in that polling place on polling day. The room shall have adequate lighting facilities and shall allow the visual checking of the inside through a small opening in the door.
(6)The political parties shall be afforded all facilities to inspect all polling places well in advance of polling day and to make suggestions to the Commission on the use thereof.
(7)The ballot boxes shall be of such size and shall be manufactured of such material as the Commission shall determine provided that the Commission shall ensure that it is suitable to be sealed during voting and may not be tampered with without detection. The top of the ballot box is to be made of translucent material, in as far as this is technically possible. Ballot boxes and documents for polling booths. Added by: XV. 1996.42. 68A.
(1)On any day as near as practicable to the day of the poll but not earlier than three days therefrom, the Commission shall deliver to each polling place the ballot boxes, the list of persons entitled to vote thereat, ballot papers and other relevant documents and materials to be used in that polling place on polling day and shall seal such documents and materials in the room designated for GENERAL ELECTIONS the purpose in accordance with the previous article of this Act. The room shall be lit at all times.
(2)The political parties shall have the right to oversee such transportation, to affix their seals to the room and all the openings thereto and to visually check the room through the door opening at all times. 69.
(1)On the day fixed for polling and thirty minutes prior to the start thereof, the room in the polling place where the ballot boxes and other documents and materials have been stored by the Commission shall be opened and the boxes, documents and materials transferred to each polling booth by the relative Assistant Commissioners. Transfer of ballot boxes to polling booths. Substituted by: XV. 1996.42.
(2)Prior to the start of polling the Assistant Commissioners, in the presence of any candidates or agents as may be present shall open the ballot box consigned to them and ensure that it is empty prior to sealing it and opening the poll. If no candidate or agent is present the Assistant Commissioners shall ask any person present in the polling place to enter the polling booth and witness the sealing of the ballot boxes.
(3)After ascertaining that the ballot box is empty, if necessary by removing any extraneous material therein, the Chairperson of the Assistant Commissioners shall proceed to seal the ballot box in the manner and with the seal provided to him by the Commission ensuring that he does not seal the opening through which the ballot papers are to be inserted by voters.
(4)One agent or candidate for each of the politica1 parties present at such sealing may affix the party seal to the ballot box.
(5)After the ballot box has been sealed the Chairperson of the Assistant Commissioners shall so attest on the form provided by the Commission and shall ask all the persons present at the sealing to sign as witnesses whereupon all shall leave the room except for the Assistant Commissioners and the poll shall start.
(6)In the event of any disagreement which cannot be resolved between those present the Chairperson of the Assistant Commissioners shall ask a Commissioner to give the necessary direction. 70.
(1)Any voter wishing to vote shall attend at the polling booth, specified in the voting document received by him and shall deliver such document to an Assistant Commissioner at such polling booth during the hours appointed for voting.
(2)No person shall be allowed to vote unless he produces and delivers the voting document to the Assistant Commissioners.
(3)No inquiry shall be permitted at the time of voting as to the right of any person to vote, so long as the name of such person is included in the list referred to in article 64
(1), but the Assistant Commissioners may, before the delivery of the ballot paper to a voter, put to him such questions as they may deem proper to satisfy themselves of the identity of such voter. All communications Voting. Amended by: XV. 1996.43. GE N E R A L E L E C T I O N S between the Assistant Commissioners and the voter whilst the latter is in the polling booth shall be made through the Chairperson of the Assistant Commissioners.
(4)The Assistant Commissioners, upon the production and delivery to them of the voting document and having satisfied themselves of the identity of the voter, shall strike out the name of the voter from the list aforesaid and shall deliver to him, after marking it with official marks, a ballot paper. Only the official mark of the Commission shall be required for the validity of the ballot paper.
(5)The Assistant Commissioners may at their discretion administer an oath to any voter in the form set out in the Eleventh Schedule to this Act.
(6)Any person refusing to answer any questions put to him under sub-article
(3)or to take the oath referred to in sub-article
(5)shall not be permitted to vote.
(7)The Assistant Commissioners shall not refuse a ballot paper to any person whose name is included in the list referred to in article 64
(1)and otherwise satisfies the requirements of this article, unless the person so claiming to vote, upon being questioned under this article, appears to the Assistant Commissioners not to be the person whose name is on the aforesaid list or to have previously voted at the same election.
(8)The Assistant Commissioners shall keep a written record of the taking of any oath administered to any person under this article, and of their refusal to allow any person to vote.
(9)Saving the provisions of article 77 no voter shall be allowed to vote except at the polling booth specified in the voting document produced by him for purposes of voting.
(10)A voter, who has inadvertently spoilt his ballot-paper may, on delivering the spoilt ballot paper to the Assistant Commissioner, and proving the fact of inadvertence to the satisfaction of the Assistant Commissioner, obtain another ballot paper in its place and the spoilt ballot paper shall be immediately cancelled. Method of Voting. Amended by: XV. 1996.44. 71.
(1)Each voter shall have one transferable vote.
(2)A voter, in recording his vote: (
- a)must place on his ballot paper the figure 1 against the name of the candidate for whom he votes; and (
- b)may in addition indicate the order of his choice or preference for as many other candidates as he pleases by placing against their respective names the figure 2, 3, 4, 5 and 6 and so on in consecutive numerical order.
(3)A ballot paper shall be invalid in which: (
- a)the figure 1 standing alone indicating a first preference for one candidate is not placed; or (
- b)the figure 1 standing alone indicating a first preference is set against the name of more than one candidate; or GENERAL ELECTIONS (
- c)the figure 1 standing alone indicating a first preference and some other number is set against the name of the same candidate; or (
- d)it cannot be determined with certainty for which candidate the first preference of the voter is expressed; or (
- e)any writing or mark is made by which the voter can be identified; or (
- f)the official mark of the Commission is not made.
(4)A voter shall record his vote secretly in the voting compartment. After marking the ballot paper the voter shall fold the ballot paper so as to show the official mark while concealing his vote, show the official mark to the Chairperson of the Assistant Commissioners, so that the Assistant Commissioners may verify the same, and shall then put the ballot paper in the ballot box in the presence of the Assistant Commissioners. 72.
(1)Any voter who declares to, and shows to the satisfaction of, the Assistant Commissioners that he is unable by reason of blindness, other physical cause or illiteracy to mark his ballot paper, may request an Assistant Commissioner to mark the paper on his behalf indicating for which candidate or candidates he wishes to vote and the order in which he wishes to record his vote: Provided that the voter may not ask for any particular Assistant Commissioner to mark the ballot paper on his behalf: Provided further that a person who is unable to vote independently by reason of blindness may either request an Assistant Commissioner to mark the ballot paper on his behalf indicating for which candidate or candidates he wishes to vote and the order in which he wishes to record his vote, or request the provision of a Braille template as well as a playback listening device as approved under the provisions of sub-article
(1)of article 49.
(2)The Assistant Commissioners are bound to secrecy with regard to the voting of persons whom they have assisted to vote.
(3)There shall be not less than two Assistant Commissioners present when the vote is being recorded under the provisions of sub-article
(1), but no other person shall be allowed in the room.
(4)When an Assistant Commissioner is authorised to assist a voter to record his vote, the Assistant Commissioner shall require such voter to confirm his declaration on oath using the format shown in the Fifteenth Schedule annexed to this Act, and on satisfying himself of the correctness of such declaration he shall record the vote of such voter on the ballot paper, in accordance with the indication made by such voter and following the procedure set down hereunder: (
- a)The Assistant Commissioner shall ask the voter: "Which of the candidates do you most desire to see elected?" and shall place the figure 1 on the ballot paper opposite the name of the candidate indicated by Illiterate or incapacitated voters. Amended by: XV. 1996.45; XXI. 2007.7. GE N E R A L E L E C T I O N S the voter. (
- b)The Assistant Commissioner shall then ask the voter: "For which of the candidates do you desire to express a second choice?" and shall place the figure 2 on the ballot paper opposite the name of the candidate indicated by the voter. (
- c)The Assistant Commissioner shall repeat the operation in reference to a third or any subsequent preference until the voter shall declare that he does not desire to express any further choice. (
- d)In order to assist such voter in indicating his preferences, the Assistant Commissioners may refer the voter to the photographs of the candidates displayed in the polling booth in accordance with article 68. (
- e)At the commencement of these operations and at any subsequent stage the Assistant Commissioner shall, if desired by the voter, read out in the order in which they appear on the ballot paper, the names of all candidates for whom a choice has not already been expressed by the voter. (
- f)If any such voter, however, shall request the Assistant Commissioner to read out the names of the candidates of one particular political party only, the Assistant Commissioner shall do so by reading in alphabetical order the names of the candidates who have supplied an indication of their adhesion to that political party and omitting the names of the other candidates. Assistant Commissioners not to see vote recorded. 73. 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. Ballot paper not to be removed from polling place. 74. 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. Assistant Commissioners not to make suggestions as to manner of voting. 75. Saving the provision of article 72, no Assistant Commissioner or any other person shall record the vote for any voter, or shall, at any polling place make any suggestion to him directly or indirectly regarding the candidate or candidates for whom he should vote or regarding his choice of preference. No unauthorised person to enter polling place. 76. Except where otherwise stated in this Act the Assistant Commissioners shall not allow any person not being a police officer on duty, or a person lawfully entrusted with some duty in connection with the elections, or a person entitled to vote at that polling place, to enter such polling place; nor shall they permit any voter or other person to remain in the polling place longer than necessary. GENERAL ELECTIONS 77.
(1)Notwithstanding anything to the contrary contained in this Act, the Commission shall provide mixed polling places for the purposes and in the manner provided for by this article.
(2)A mixed polling place is a polling place which contains one or more mixed ballot boxes for different divisions, as the case may be, and where the voters mentioned in sub-article
(4)(
- a)and (
- b)shall vote independently of the division where they may be registered in the last published Electoral Register by casting their vote in the mixed ballot box appertaining to the divisions where they are registered.
(3)The Commission shall only provide mixed polling places in the following localities: (
- a)in a place in Malta for registered voters in Malta and in a place in Gozo for registered voters in Gozo, that the Commission shall establish by notice in the Gazette according to article 45; (
- b)at Saint Vincent de Paule; (
- c)at Mater Dei Hospital Msida, Karen Grech Hospital Gwardamanġa, Mount Carmel Hospital Attard, and Gozo General Hospital; (
- d)at such places designated for the casting of votes by voters who are resident at retirement homes as defined in article 80 on the Saturday prior to polling day, as the Commission may, by notice in the Gazette published within ten days from the publication of the writ for the election, establish: Provided that the Commission shall, wherever possible, designate as such mixed polling places the retirement homes themselves: Provided further that for the purposes of this paragraph every person who is resident in a retirement home fourteen days before polling day shall be deemed to be a resident at the retirement home: Provided further that article 83 shall mutatis mutandis apply to mixed polling places designated in terms of this paragraph; (
- e)all the voters residing at the Corradino Correctional Facility shall vote in the place indicated in this sub-article and it shall be the duty of the person responsible of the mentioned Facility to submit to the Commission a list with the name, surname, identity card number and the date of birth of such voters within three days of the publication of the Writ for the election, which list must continue to be updated everyday up to fourteen days prior to the polling day. Every person residing at the Corradino Correctional Facility listed in the list shall be deemed to be a person residing at the same Facility; (
- f)all the voters serving as Police officers in the Police Force up to fourteen
(14)days before polling day shall only vote in the place indicated in this sub-article and it shall be the duty of the Commissioner of Police or his Mixed polling places. Substituted by: XV. 1996.
- Amended by: VII. 2009.2; XIV. 2012.6; L.N. 426 of 2012; VII. 2014.8; XIX.2018.12; II. 2022.3; II. 2022.3; XII.2024.
- GE N E R A L E L E C T I O N S delegate to submit to the Commission, up to fourteen
(14)days prior to the polling day, a list with the details of the name, surname, identity card number and the date of birth of such voters: Provided that, such information shall only be strictly used for the purposes of this sub-article and shall be sealed and stored in the room designated by the Commission to hold all the ballot boxes immediately following the publication of the official result; (g) at such places which are designated for registered voters who are suffering from a notifiable disease as may be specified by the Superintendent of Public Health by notice in the Gazette for such purposes or who are in mandatory quarantine related to such notifiable disease, as the Commission may, by notice in the Gazette, establish after consultation with the Superintendent of Public Health: Provided that the Superintendent of Public Health shall issue such notice, not later than one
(1)day after the publication of the Writ, specifying the said notifiable disease(
- s)and shall furthermore declare that the said notifiable disease(
- s)requires the introduction of other ad hoc voting arrangements for voters suffering from the same and, or who are in mandatory quarantine as a result of such notifiable disease(s). Voting before polling day. (3A) (
- a)Notwithstanding the other provisions of this Act or of any other law, every registered voter who is entitled to vote at a general election, at an election of Members of the European Parliament or at a Local Council election and who is entitled to receive the voting document and who declares in writing on the form prescribed for that purpose by the Commission or by electronic means through a website intended for that purpose by the Commission that he will not be in Malta or that he will be hospitalised in a hospital on the day of the election, shall be entitled to cast his vote at the place indicated in sub-article
(3)(a) between 7.00am and 10.00pm seven days before polling day: Provided that any voter included in the list compiled by the Superintendent of Public Health pursuant to sub-article
(4)(f) shall be entitled to cast his vote at the place designated pursuant to sub-article
(3)(g) between 7.00 am and 10.00 pm seven
(7)days before polling day, if he declares his intention to the Commission to avail himself of this possibility by noon of the Friday before the abovementioned