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this possibility by noon of the Friday before the abovementioned day, that is the seven (7) days before polling day:

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Provided further that any voter who is suffering from a notifiable disease as may be specified pursuant to subarticle (3)(g), or who is in mandatory quarantine related to such notifiable disease, on the Thursday before the day that is the seven (7) days before polling day, but who would GENERAL ELECTIONS cease to be in such a situation by polling day and will not be in Malta or will be hospitalised in a hospital on the day of the election, shall be entitled to cast his vote at the place indicated pursuant to sub-article (3)(a) 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 day, that is the seven (7) days before polling day:

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Provided further that the declaration referred to in the preceding provisos may be made to the Commission in such manner as may be determined by the Commission. (b) The declaration referred to in paragraph (a): (i) may be made, as of right, until noon of the Friday immediately preceding the day established for voting before polling day in accordance with paragraph (a), and (ii) shall be made in such form and in accordance with such procedure as the Electoral Commission may require. (c) All the provisions of this Act applicable to voting by Assistant Commissioners shall, without prejudice to this sub-article, be applied mutatis mutandis to registered voters entitled to vote before polling day in accordance with paragraph (a):

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Provided that any person who makes the declaration as aforesaid and who did not receive his voting document, shall be provided by the Commission or persons appointed by the Commission to act on behalf of the Commissioners, with such document when the said person makes such declaration, or in default, such document may be collected by the person himself from the place designated by the Commission for the purpose that, such person votes seven (7) days prior to polling day, provided that the said person produces his valid identification document to the representative of the Commission who is delegated by it for the purpose of delivering such document:

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Provided further that a person who, after having made a declaration in accordance with paragraph (a) does not vote on the day established for voting before polling day, shall have the right to vote on polling day. (3B) Notwithstanding the provisions of this Act or of any other law, the Chairman and Members of the Electoral Commission shall, in a general election, in an election of Members of the European Parliament and in a Local Council election, vote only at the place indicated in sub-article (3)(a) between 7.00 am and 10.00 pm seven days before polling day.

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(4)(a) Notwithstanding any other provision of this Act, every person who shall have been selected to serve as a Polling Place Officer, a Chairperson or an Assistant Electoral Commissioner, including those selected to serve as reserves and all Police Officers in the Police Force, shall cast their vote at the place in Malta, if he is GE N E R A L E L E C T I O N S a registered voter in Malta, and at the place in Gozo if he is a registered voter in Gozo, as indicated in sub-article (3)(a), and shall do so on Tuesday prior to the polling day between 7.00 a.m. and 10.00 p.m.:
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Provided that the Assistant Commissioners and the reserves chosen to serve in Malta and Gozo on the day allocated for the Assistant Commissioners to vote, shall cast their vote on the first polling day at the place established in article 77(3)(a) between 7.00 a.m. and 10.00 p.m.:

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Provided further that any Assistant Electoral Commissioner, including those selected to serve as reserves, whose name is included in the list compiled by the Superintendent of Public Health pursuant to paragraph (f) shall only vote at the place indicated pursuant to subarticle (3)(g) and in accordance with the provisions of sub-article (3A)(a). (b) For all effects and purposes of this article, the persons who shall vote in accordance with paragraph (a) shall be all those whose name is published in the list referred to in article 59(6) and whose name is included in the list mentioned in paragraph (f) of subarticle (3), even if any one of such persons shall have resigned his appointment after the publication of the list mentioned in sub-article

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(6)of article 59 or shall have resigned from the Police Force after the submission of the list mentioned in paragraph (f) of sub-article (3). In the case of any new member joining the Police Force after the submission of the said list, he shall have the right to vote only on polling day. (c) All voters who fourteen days before polling day shall be resident, but not registered as voters, at Saint Vincent de Paule shall vote at the place indicated in sub-article (3)(b), and it shall be the duty of the sub-committee set up under article 81, to determine who these voters shall be. (d)All voters who four days prior to polling day shall be registered as patients at Mater Dei Hospital, Karen Grech Hospital, Mount Carmel Hospital, and at the Gozo General Hospital, shall only vote in the place indicated in sub-article (3)(c) and it shall be the duty of the sub-committee set up under article 81, to determine who these voters shall be:
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Provided that any voter included in the list compiled by the Superintendent of Public Health pursuant to paragraph (f), but who would no longer be registered as a patient at one of the above mentioned hospitals on polling day, shall only vote at the place designated pursuant to sub-article (3)(g) between 7.00 am and 10.00 pm, and only on Thursday before polling day. (e)Notwithstanding the other provisions of this Act: (i) voters who vote in a hospital in accordance with paragraph (d) shall vote only on the Thursday prior to polling day between 7.00 am and 10.00 pm; (ii) voters (aa) who are residing at Saint Vincent de Paule;

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GENERAL ELECTIONS or (bb) who are residing in retirement homes as defined in article 80 and who are entitled to vote at such places designated in accordance with sub-article (3)(d), (cc) who are residing in the Corradino Correctional Facility, shall only vote on the Saturday prior to polling day between 7.00 am and 10.00 pm. (f) Notwithstanding any other provision of this Act, registered voters who are suffering from a notifiable disease as may be specified by the Superintendent of Public Health by notice in the Gazette or who shall be in mandatory quarantine related to such notifiable disease on polling day shall only vote in a place designated in accordance with sub-article (3)(g) on such day and at such time on or before polling day, as may be established by the Commission after consultation with the Superintendent for Public Health and communicated to such individuals:

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Provided that for such purposes it shall be the duty of the Superintendent of Public Health or his authorised officer to submit to the Commission, as soon as reasonably practicable and, at the latest, up to 9:00 pm on Friday before polling day, a list with the name, surname, identity card number, date of birth and contact details of persons who on polling day shall be suffering from a notifiable disease as specified pursuant to sub-article (3)(g) or who shall be in mandatory quarantine related to the same notifiable disease, and such information shall only be strictly used for the purposes of this sub-article and subject to the same conditions as in articles 107 and 108:

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Provided further that the list submitted by the Superintendent of Public Health 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:

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Provided further that the Commission may provide such assistance and services as it may deem necessary, following consultation with the Superintendent of Public Health, to enable such persons to securely access and leave the polling place.

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(5)For all effects and purposes of this Act a mixed polling place shall be considered as an ordinary polling place and the rights and duties imposed on the Commission and persons appointed by it, political parties, agents and candidates shall mutatis mutandis apply.
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(6)In the case of those voters voting in the localities indicated in sub-article (3)(a), (b) and (d), a copy of the list of persons entitled to vote in such mixed polling place shall be given by the Electoral Commission to the political parties, at least four days prior to polling day. The list of the persons entitled to vote in locality indicated in subarticle (3)(c) shall be given by the Electoral Commission to the political parties by not later than midnight of the Thursday preceding the polling date.
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Closure of Voting.

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Amended by:

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XV. 1996.47;

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XVI. 2002.18;

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L.N. 426 of 2012.

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GE N E R A L E L E C T I O N S

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Art. 78

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78.(1) After the expiration of the time fixed for voting, the Assistant Commissioners shall seal the opening of the ballot box, shall place in a packet all unused and spoilt ballot papers and all printed or written records kept by them, affixing their seal thereto, after stating and signing on the said packet the number thereof, and shall place in a separate packet all voting documents delivered to them. The official marks used by the Assistant Commissioners including those used by the Assistant Commissioners nominated by the political parties shall be put in a separate packet which shall be s e a l e d w i t h t h e s e a l o f t h e Co m m i s s i o n af t e r al l A ss i s t a n t Commissioners have affixed their signature thereto.
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(2)For the purposes of the previous sub-article of this article the Assistant Commissioners shall physically count and reconcile the number of unused and spoilt ballot papers, the number of persons marked as having voted on the list referred to in sub-article
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(1)article 64 and the number of voting documents delivered to them.
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(3)After the close of the poll and before the ballot boxes are removed from the polling booths, the Assistant Commissioners shall affix a notice on the door of each polling booth and signed by all the Assistant Commissioners stating the number of voters entitled to vote at that polling booth, the number of ballot papers received by them from the Commission, the number of voting documents delivered to them distinguishing as to whether they are ordinary or special, the number of spoilt ballot papers and the number of unused ballot papers being returned by them to the Commission and the number of persons who have voted in that polling booth. The said notice shall in this article be henceforth referred to as the \"ballot paper account\".
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A copy of the ballot paper account shall be delivered by the Assistant Commissioners to each political party by handing it to any candidate, election or party agent representing such party as may be present, and shall also be delivered to the Commission at the place specified in article 45(c) and the Commission shall immediately thereon provide a copy to the party delegates.

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(4)On completion of all the duties mentioned in the preceding sub-article of this article, the Assistant Commissioners shall deliver the ballot box or boxes and all documents and packets entrusted to them to the Commission at the place specified in article 45 (c).
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(5)Party delegates, candidates, and party agents shall have the right to attend at the reconciliation and sealing of papers and sealing of ballot boxes, mentioned in the preceding sub-articles of this article, to affix their own personal seals to the packages containing the papers and to the ballot boxes and shall, subject to the provision of the following sub-articles of the article, be granted facilities to watch and accompany the transportation of the ballot boxes from the polling place up to their delivery to the Commission.
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(6)(a) No more than one party agent from each political party may be present in each polling booth at any one time during the procedure for the sealing of ballot boxes;
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GENERAL ELECTIONS (b) The Assistant Commissioners shall ensure that candidates, party agents or party delegates as may be present shall be called in prior to their starting the procedures outlined in the previous sub-articles of this article for the sealing of ballot boxes and packets and reconciliation; (c) The candidates, party agents and party delegates that may be present shall be granted all reasonable facilities to oversee, record and request recounts of all the operations undertaken by the Assistant Commissioners in terms of the previous sub-articles of this article and without prejudice to the generality of the above (i) to reconcile the number of persons who have voted as stated in the ballot paper account with the number of persons which the Assistant Commissioners have struck off the list referred to in article 64 and the number of voting documents received by the Assistant Commissioners; (ii) to reconcile the names of the voters which the Assistant Commissioners have struck off the list referred to in article 64 with the names or the voting documents received by them; (iii) to record the names, the legally valid identification document numbers and, or, the particulars of the persons who have not voted; (d) After all the procedures indicated in the previous subarticle of this sub-article have been completed, the Assistant Commissioners shall keep the ballot box and all documents and packets in the polling booth until such time as the vehicle designated by the Commission for the transfer of the ballot boxes arrives at the polling place. Any candidate, or party agent or party delegate as may be present shall also have the right to remain at such polling booth; (e) During the transportation from the polling place to the place designated by the Commission for the delivery of ballot boxes in terms of article 45(3) no more than one representative from each of the political parties may board the vehicle designated by the Commission for transportation; (f) The representatives mentioned in the previous paragraph of this sub-article shall be designated by the political parties and shall be duly authorised by the Commission and shall bear identification similar to that required by article 63(1) and shall have these names publicised in terms of article 63(2); (g) The refusal by any Assistant Commissioner to sign any declaration or document shall not of itself invalidate the contents thereof.

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Assistant Commissioners responsible for the maintenance of order.

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GE N E R A L E L E C T I O N S

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Art. 79

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79.The Assistant Commissioners shall keep order in the polling place under their charge and shall be responsible for any irregularity in the voting in that place in so far as such irregularity could have been prevented by them.
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PART XII

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Amended by:

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XIV. 2012.7.

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Retirement Home and hospitals.

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Substituted by:

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XIV. 2012.8.

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Voting in Retirement Homes and Hospitals

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Art. 80

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80.For the purpose of this Part, \"a retirement home\" means such place or places principally used for the care of elderly persons in which at least fifty voters reside and \"hospitals\" means Mater Dei Hospital, Karen Grech Hospital and Mount Carmel Hospital in Malta, and the General Hospital in Gozo:
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Provided that the provisions of article 81(3)(a), of article 82(1)(b) and of article 83 shall not apply to retirement homes not run or administered by the Government.

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Sub-committee for Retirement Homes and hospitals.

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Amended by:

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XIV. 2012.9.

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Art. 81

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81.(1) Within twenty-four hours of the publication of the Writ for the election of members to the House, the Commission shall form a sub-committee consisting of a Commissioner, who shall act as chairperson, and a representative of each of the political parties and shall delegate to the sub-committee the running of the election in all retirement homes and hospitals.
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(2)The sub-committee shall have the duty to ensure that no undue pressure is brought to bear on voters in old age homes and hospitals, that proper and adequate facilities are given to all political parties to canvass such voters, that adequate arrangements for voting are made in view of the special needs of such voters and that no political party enjoys any unfair advantage.
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(3)Without prejudice to the generality of the above provisions, the sub-committee shall ensure that: (a) immediate steps are taken to temporarily remove and substitute members of staff gravely suspected to have attempted to influence voters; (b) arrangements are made for the receipt and proper delivery of propaganda material and for canvassing during visiting hours by candidates and political parties contesting that electoral division; (c) complaints by political parties and, or, candidates are speedily investigated and rectified when found to be justified.
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Duties of persons responsible for the administration of retirement homes and hospitals.

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Amended by:

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XIV. 2012.10;

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L.N. 426 of 2012;

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VII. 2014.9.

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Art. 82

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82.(1) Within three days of the publication of the Writ the person responsible for the administration of a retirement home shall send to the sub-committee: (a) a list of all persons resident at such retirement home, indicating the name, a legally valid identification document number, last known address, age, ward number, name and address of next of kin and whether registered as a voter in the home address or otherwise;
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GENERAL ELECTIONS (b) a list of all staff at the retirement home indicating the name, a legally valid identification document number, address, grade and working hours up to the day following the day fixed for voting.

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(2)Fourteen days prior to polling day the person responsible for the administration of hospitals shall send to the sub-committee: (a) a list of all patients currently in the hospitals indicating the name, a legally valid identification document number, last known address, ward number, name and address of the next of kin. The person responsible for the administration shall send updated lists of the patients on a daily basis to the subcommittee until the day preceding the Thursday prior to polling day; and (b) a list of all staff at the hospital indicating the name, a legally valid identification document number, address, grade and working hours up to the day following the day fixed for voting.
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(3)On receipt thereof the sub-committee shall immediately provide the political parties with copies of such lists.
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(4)The administrator of every retirement home and hospital shall keep such lists updated and shall immediately send to the subcommittee any amendments thereto and the sub-committee shall immediately inform the political parties of such amendments.
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(5)Members of the staff in retirement homes and hospitals are expressly prohibited from engaging in propaganda for any political party or candidate and any employee contravening this article shall be guilty of an offence and shall, on conviction, be liable to the penalty of general interdiction for a period of ten years and the provisions of the Probation Act and of article 22 of the Criminal Code shall not apply.
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Art. 83

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83.(1) The voting documents of voters registered in retirement homes shall be delivered to the voters personally in the retirement home. Unless delivered to the voter prior to admittance as a patient into a hospital, the voting documents of patients in hospitals shall be delivered to the voter personally in the hospitals. The voter may opt to deliver the voting document to the Chairperson of the Sub-Committee for safekeeping, and such Chairperson shall return the same to the voter on the day fixed for voting or on such earlier day as may be requested by the voter
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(2)Voters in retirement homes and hospitals shall have the option to proceed to the polling place: (a) without the assistance of any person; (b) with the assistance of members of the staff; (c) with the assistance of members of their families; and it shall be the responsibility of the sub-committee to ascertain the option chosen by each voter. The sub-committee shall ascertain the option chosen by each voter as soon as possible after the Voting at Retirement Homes and hospitals.
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Amended by:

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XV. 1996.48;

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XIV. 2012.11;

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XIX.2018. 13 GE N E R A L E L E C T I O N S delivery of the voting documents to the voters and shall inform in writing the party delegates of the option chosen by each voter.

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(3)A medical consultant having in his care any voter resident at a hospital or retirement home may, by issuing a medical certificate to that effect, draw the attention of the Commission to any dangers inherent to the health of his patient should he be moved for the purposes of being taken to vote. Such certificate will, however, in no way effect the right of that voter, to ignore the medical warning and decide to cast his vote.
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(4)Voters opting to be assisted by members of the staff shall be accompanied by members of the staff chosen from a pool thereof nominated in equal numbers by all the political parties. Political parties shall have the right to demand, and the Commission shall have the duty to ensure, that if the ordinary staff at such homes and hospitals is not sufficient for the purposes of this article other persons are transferred to such homes and hospitals for such purpose.
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(5)Voters opting to be assisted by members of the staff or by members of their families shall, notwithstanding any other provision of this Act, be so accompanied up to the door of the relative polling booth.
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(6)(a) During the day fixed for the voting no person shall without the authority of the Commission be allowed to enter retirement homes and hospitals. (b) The provisions of paragraph (a) shall not apply to members of the sub-committee, members of the staff and relatives of patients who have been previously authorised to accompany voters to vote:
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Provided that such relatives shall at all times wear proper identification tags issued to them by the Commission for the purpose.

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(7)Except with the special authorisation of the sub-committee, no voter in a retirement home and hospital who has chosen the option to vote on his own or to be accompanied by members of his family may be taken to vote by members of the staff.
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Direction by Electoral Commission.

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Art. 84

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84.The sub-committee appointed in terms of article 81 shall function under the general direction of the Commission and shall be bound to implement the decisions of the Commission.
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PART XIII

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Amended by:

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XV. 1996.49.

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Start of counting of ballot papers.

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Amended by:

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XV. 1996.49, 50.

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Counting of ballot papers

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Art. 85

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85.The counting of ballot papers shall take place at the place and time specified in the notice referred to in article 45(d) and shall be conducted in accordance with the provisions of this Act. The sorting of ballot papers shall not commence until all the procedures GENERAL ELECTIONS set down in Parts XIII and XIV of this Act have been completed and the Commission declares that it is satisfied that there has been no tampering. The sorting of all ballot papers shall commence at the same time in all electoral districts.
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Art. 86

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86.(1) Political parties contesting the elections shall have the right to nominate a sufficient number of agents, to be determined by the Commission, to oversee at all times the receipt of the ballot boxes, documents and packets, by the Commission from the Assistant Commissioners and the storage of the said ballot boxes, documents and packets after the receipt thereof. These agents shall henceforth in this Act be referred to as \"delivery agents\".
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(2)Party delegates, candidates as well as delivery agents shall have the right to monitor the receipt of the ballot boxes by the Electoral Commission from the Assistant Commissioners and to make representations thereon.
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(3)If any of the Commissioners or any party delegate, candidate or delivery agent claims that any ballot box or package is received in a state that it gives rise to suspicion that it may have been tampered with, the Commission shall order such box or packet to be dealt with separately from the other boxes or packets, and shall immediately call a meeting of the Commission and at such meeting the Commission shall have the power to hear such evidence under oath as it deems necessary.
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(4)Where the Commission decides that there is no evidence that justifies the suspicion that the box or packet has been tampered with, its decision shall be final and no appeal shall lie therefrom.
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(5)Any claim as is referred to in the previous sub-articles of this article shall be made as soon as the ballot box or packet is delivered by the Assistant Commissioners to the Commission and for this purpose the Commission shall ensure that the party delegates, candidates or delivery agents are given adequate facilities to attentively inspect the ballot boxes, documents or packets.
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(6)It shall be the duty of the Commission to ensure the mathematical accuracy of the ballot paper account and that this tallies with the declared number of voting documents returned by the Assistant Commissioners. Political parties shall have the right to demand that the Commission shall for this purpose open all packets containing voting documents relative to not more than ten per cent of all ballot boxes in order to physically check the accuracy of such returns.
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(7)Political parties shall select the ballot boxes in relation to which the packets containing voting documents are to be opened during delivery of the ballot boxes to the Commission and prior to the storage of the ballot boxes.
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(8)As each ballot box is received and cleared by the Commission in terms of this article it shall be transferred to the room designated by the Commissioners for the storage of all ballot boxes in terms of article 45. Ballot boxes shall be transferred from this room to the counting area as soon as the first ballot box arrives Tampering with ballot boxes.
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Amended by:

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XV. 1996.49, 51;

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XVI. 2002.19.

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GE N E R A L E L E C T I O N S for the purpose of undertaking the Ballot Paper Account Reconciliation process mentioned in the following Part of this Act.

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(9)As soon as practicable after all ballot boxes have been received and cleared in terms of this article and prior to the start of the sorting process the Electoral Commission shall publicly declare the total number of ballot papers declared to be cast in accordance with the ballot paper accounts delivered by the Assistant Commissioners as well as the number of ballot papers in each ballot box as resulting from the same account.
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(10)The Commission shall preserve until the publication of the official results of the next following election all papers delivered to them by the Assistant Commissioners, as well as the unused ballot papers and the voting documents, in separate sealed packets indicating on each packet the nature of the documents contained therein, and the electoral division to which they appertain.
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(11)On every packet as is referred to in the preceding subarticle there shall be affixed the seal of the Electoral Commission and the signature of at least two Commissioners, and of any party delegate, candidate or delivery agent who may wish to sign it.
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Counters, supervisors and calculators.

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Amended by:

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XV. 1996.49, 52;

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XVI. 2002.20.

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Art. 87

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87.(1) The Commission shall appoint a number of persons to act as counters, supervisors and calculators to assist it in the counting and transfer of ballot papers which shall be effected under the direct supervision of the Commission.
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(2)The provisions of article 58(1) shall mutatis mutandis apply to the office of the counter, supervisor and calculator as it applies to the office of Assistant Commissioner.
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(3)A list of the persons appointed as counters, supervisors and calculators shall be published by the Commission in the Gazette, together with the list of persons appointed as Assistant Commissioners and the procedure established for the nomination by political parties and for objections to Assistant Commissioners shall mutatis mutandis apply to supervisors and counters.
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(4)All counters, supervisors and calculators shall be issued with identity documents specifying the details provided for party agents. The identity documents shall be worn at all times by the counters, supervisors and agents whilst in the precincts of the building where the counting of ballot papers is held.
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(5)The calculators shall perform all mathematical calculations connected with the counting of ballot papers and the Commission shall ensure that the persons so chosen are proficient in mathematical calculations.
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(6)Supervisors shall be responsible for a number of counters and shall oversee the opening of ballot boxes, and the sorting and counting of ballot papers for every electoral division. The Electoral Commission shall ensure that at all times during the counting of ballot papers there are no less than two supervisors for each electoral division and that the political parties are adequately represented in the choice of persons to act as supervisors for each electoral division.
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GENERAL ELECTIONS

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(7)Counters shall work under the direction of the supervisors; they shall physically sort and count the ballot papers. The Electoral Commission shall ensure that there are a sufficient number of counters in every electoral division to ensure a quick and efficient counting process and that the political parties are adequately represented at all times during the counting of ballot papers in the choice of persons to act as counters in each electoral division.
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Art. 88

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88.(1) The Commission may authorise any one or more of its members or any other person or persons appointed by it to do anything on its behalf in connection with the receipt and storage of ballot boxes and the counting and transfer of ballot papers and anything done by virtue of such authority shall be deemed to have been done by the Commission.
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Commissioners may appoint persons to assist them in the counting of ballot papers.

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Amended by:

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XV. 1996.49.

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(2)The Commissioners or any one or more of them shall administer to every person authorised to act for the Commission under the provisions of this article, an oath for the faithful discharge of the duties assigned to him.
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Art. 89

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89.(1) Unless this Act otherwise provides, candidates and candidates’ agents shall have free access to the building where the counting of ballot papers will take place, and to the counting hall, at all times.
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(2)Every political party shall moreover have the right to nominate a number of agents equal to ten more than double the number of candidates presented by it to contest the election and such agents shall at all times have access to the said building and to the counting hall at all times. These agents shall henceforth in this Act be referred to as \"counting agents\".
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The list of such agents shall, at least, seven days prior to the start of the poll, be sent to the political parties and be published by the Commission in the Gazette indicating the name, address and a legally valid identification document number of each agent and the party nominating him.

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The list of such agents shall be presented to the Commission at least twenty one days prior to the start of the poll; the Commission shall inform the political parties of all the agents so nominated so that the said political parties may have an opportunity to make representations to the Commission before the same accepts or rejects them; the agents so nominated are to be of good character and acceptable to the Commission.

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The list of such agents shall, at least, seven days prior to the start of the poll, be published by the Commission in the Gazette indicating the name, address and a legally valid identification document number of each agent and the party nominating him.

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The political parties nominating such agents may up to the Thursday before the poll substitute not more than ten per centum of the number of agents appointed by it and the procedure established in this article shall apply to the nom inat ion, ob jection and acceptance of the substitute agents.

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(3)The party delegates, candidates and counting agents shall Candidates and Agents.
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Amended by:

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XV. 1996.49, 53;

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XVI. 2002.21;

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L.N. 426 of 2012;

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XIX.2018.14.

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GE N E R A L E L E C T I O N S be issued with an identity document indicating the details required for election agents and such identity document is to be worn at all times on entry into and inside the building or complex wherein the ballot papers are counted.

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Identity documents shall be printed on security paper and shall clearly distinguish between each group of delegates and agents as well as between delegates and agents nominated by one political party and those nominated by other political parties.

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Building where counting of ballot papers will take place.

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Amended by:

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XV. 1996.49, 54;

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XVI. 2002.22.

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Art. 90

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90.With respect to the building designated by the Commission for the counting of ballot papers the Commission shall ensure that: (a) all roads of access at least within 500 metres of the said building are closed and patrolled by the Police who shall permit entry only to authorised persons and only after scrupulously having ascertained their identity; (b) entry into the actual building or perimeter shall be checked by both the Police, the Commission and representatives of the political parties; (c) a number of rooms as may be necessary either in or as near as possible to the building wherein the counting hall is situated shall be provided to ensure full press and broadcasting coverage of the counting and transfer of ballot papers provided that the entrance to such room shall at all times be guarded by the Police who shall only allow entry to bona fide broadcasting personnel and newspaper reporters who shall have been previously accredited by the Commission; the Commission having the right and the duty to ensure that all the broadcasting personnel and newspaper reporters so accredited by it, carry out only those functions directly related to their profession, failing which such an accreditation is to be cancelled by the Commission. The Commission is further bound to give the delegates of the political parties, not later than five days prior to the date of the poll, a detailed list of all those persons accredited by it to carry out any functions at the counting hall during the counting process; (d) an area adjacent and communicating with the counting hall shall be provided for the storage of the ballot boxes and that during the time the boxes are stored in such area they shall at all times be visible from all parts of the counting hall; and the party delegates and their sub-delegates shall have the right of free access thereto at all times; (e) a number of rooms as near as possible to the counting hall shall be provided for every political party contesting the election and shall be equipped with such facilities as the Commission, after consulting the political parties, thinks fit;
\n

GENERAL ELECTIONS (f) in the counting hall itself counters shall be separated from the candidates and agents by a wall of unbreakable transparent material or similar sturdy transparent material except for some means, including any appropriate electronic device, of clear communication for the purpose of speaking through and except in the cases expressly provided for in this Act, access to the area designated by the Commission for the counting of ballot papers shall only be allowed to candidates and agents with the express consent of the Commission; provided that the party delegates and six substitutes thereof, previously nominated by such delegates, shall have free access to the counting area at all times; (g) the disposition of the counting area shall be such that as far as possible all the counting process can be closely viewed by candidates, agents and representatives of political parties; (h) all rooms and corridors which are not being used for a purpose designated by the Commission shall be barred and all areas leading thereto closed; (i) adequate back up facilities for services failure are provided especially with respect to lighting; (j) there is strict security at all times in and around the building, that entry is restricted to authorised persons only and that no lethal instruments or instruments which may be rendered lethal are introduced in the building; (k) at least thirty days before the start of voting the Commissioners shall show the party delegates how they propose to allocate and separate the different areas of the said building and shall consider suggestions made by the said delegates in this regard; (l) notwithstanding anything else contained in this Act, the party delegates and their substitutes, shall at all times have access to any part of the building including any restricted area for the purpose of ensuring that the provisions of this Act are being enforced.

\n

Art. 91

\n
91.The Commission shall ensure that as far as practicable full and constant broadcasting coverage is given of the counting and transfer of ballot papers and for such purpose shall allow entry into the building to bona fide broadcasting personnel and apparatus.
\n

Broadcasting coverage.

\n

Amended by:

\n

XV. 1996.49.

\n

Art. 92

\n
92.(1) The Commission shall appoint such persons as it considers appropriate to ensure the proper running and maintenance of the building designated for the storage of ballot boxes and the counting of votes and a list of such persons shall be sent to the political parties at least six days prior to the poll.
\n

Appointment of persons to ensure proper running of building, etc.

\n

Substituted by:

\n

XV. 1996.55.

\n
(2)In extraordinary circumstances, the Commission shall allow entry to the building designated for the storage of ballot boxes and the co unti ng of vot es to such ot her person s as it considers Extraordinary circumstances.
\n

GE N E R A L E L E C T I O N S necessary provided that in no case shall it allow entry to the public generally.

\n

Identification cards.

\n
(3)All persons, except for Police officers and members of the Armed Forces of Malta, allowed entry into the building designated for the storage of the ballot boxes and the counting of votes shall be issued by the Commission with identity cards specifying the details required for counting agents and shall wear such identification at all times when they are within the said building or the precincts thereof.
\n

Representations to Commissioners.

\n

Amended by:

\n

XV. 1996.56;

\n

XVI. 2002.23.

\n

Art. 93

\n
93.Notwithstanding anything else contained in this Act, candidates and the counting agents shall at all times have access to the Commissioners for the purpose of making representations on their own behalf or on behalf of the party represented by them.
\n

Direction of building.

\n

Amended by:

\n

XV.1996.49.

\n

Art. 94

\n
94.The Commission shall have the sole direction of the building designated for the counting and transfer of ballot papers and shall have the right to give such orders as are necessary for the maintenance of order and security within the building.
\n

PART XIV

\n

Ballot Paper Account Reconciliation Reconciliation of ballot paper account.

\n

Substituted by:

\n

XV. 1996. 57.

\n

Amended by:

\n

XVI. 2002.24.

\n

Art. 95

\n
95.Immediately after ballot boxes start being deposited in the room designated by the Commission to hold the ballot boxes in terms of article 45, the Commission shall immediately proceed to reconcile the Ballot Paper Account of each box delivered by the Assistant Commissioners with the actual number of votes in that box and for this purpose shall release from the said room (immediately after they are received therein ensuring that no confusion is created on the counting tables) the ballot boxes to the counting tables of each appropriate electoral division for the purpose of effecting such reconciliation.
\n

Removal of ballot boxes from strong room.

\n

Art. 96

\n
96.(1) Prior to the removal of each ballot box from the room designated by the Commission to hold all the ballot boxes in terms of article 45, the party delegates or their substitutes shall have the right to examine the seals affixed to each ballot box.
\n
(2)Any objection raised by the party delegates or their substitutes as to the integrity of such seals shall be examined by the Commission whose decision thereon shall be final and not subject to appeal.
\n

Opening of each ballot box.

\n

Amended by:

\n

XV. 1996.58.

\n

Art. 97

\n
97.The Commission may order any number of ballot boxes to be opened simultaneously in each electoral division provided that adequate precautions are taken to ensure that the ballot papers from different ballot boxes are kept separate and prior to the opening of each ballot box the Commission shall cause the ballot paper account for that ballot box to be affixed in such a manner that it may be clearly seen by the candidates and agents and shall show the candidates and agents the seals on the ballot box in order that they may ascertain that such seals are intact.
\n

GENERAL ELECTIONS

\n

Art. 98

\n
98.Any party delegate, candidate or agent may, prior to the opening of the ballot box, make representations claiming that the seals of the box have been tampered with. Where such an objection is made the box shall not be opened until the Commission, after consulting the party delegates or their substitutes, shall have given such directions and taken such measures as it may consider necessary.
\n

Objections to opening of ballot box.

\n

Art. 99

\n
99.Where no objections are made and where the Electoral Commission in terms of the previous article of this Act so directs, the ballot box shall be opened and the number of ballot papers contained therein shall be counted, face downwards, to ascertain that the number of ballot papers in that ballot box corresponds to the ballot paper account:
\n

Checking of ballot paper account.

\n

Amended by:

\n

XV. 1996.59;

\n

XI.2019.11.

\n

Provided that where the Commission decides to use an Electronic Counting System the ballot box shall be opened and the ballot papers shall be placed faced downwards on the counting table. When all the ballot papers found in a ballot box have been placed faced downwards on the counting table, the supervisor shall place the ballot papers together in one parcel faced downwards and in a separate tray for each ballot box with the polling booth number and, where applicable, the division. The supervisor shall immediately place the tray on a rack in a place clearly visible to the counting agents. This process shall be repeated until all ballot boxes have been opened. The counting and tallying of the ballot papers shall be done in accordance to the rules stated in Thirteenth-A Schedule.

\n

Art. 100

\n
100.Where the ballot papers in the ballot box do not tally with the ballot paper account the attention of the Commission shall be drawn to the fact and the Commission, after consultation with the party delegates, or their substitutes, shall give such directions as it may deem fit and such decision shall be final.
\n

When ballot papers do not tally with ballot paper account.

\n

Art. 101

\n
101.Where the ballot papers in the ballot box and the ballot paper account tally, the ballot papers shall be put together and placed in a pigeon hole indicating the number of the ballot box. The pigeon hole and ballot papers must at all times be clearly visible by parties, candidates and agents. The ballot papers in each pigeon hole shall be put in parcels of fifty ballot papers each with any remainder being put at the bottom of the pile and the supervisor shall ensure that each parcel is counted for accuracy by more than one counter.
\n

When ballot papers and ballot paper account tally.

\n

Amended by:

\n

XV. 1996.60.

\n

Art. 102

\n
102.The process described in articles 95 to 101 shall be repeated until all ballot boxes have been opened to ascertain that the ballot papers in each box tally with the ballot paper account relative to it.
\n

All ballot boxes to be opened.

\n

Art. 103

\n
103.(Repealed by Act XVI.2002.25).
\n

Art. 104

\n
104.(1) After all ballot boxes in all electoral divisions have been opened and reconciled with the relative ballot paper account the Electoral Commission shall prior to proceeding to the sorting of votes declare the total number of votes cast and their distribution by ballot box and electoral division.
\n

Ballot papers belonging to other Electoral Divisions.

\n

Number of votes cast.

\n

GE N E R A L E L E C T I O N S

\n
(2)The Electoral Commission shall cause the papers held in each electoral division and belonging to other divisions to be transferred to the divisions to which they properly belong.
\n
(3)The Electoral Commission shall declare the total number of votes which each electoral division will be transferring subdivided according to the electoral division it will be transferring them to.
\n
(4)The physical transportation of the papers from one division to another shall be performed either by the Commissioners or by the supervisors and in such a manner as not to create confusion.
\n

PART XV

\n

Sorting of Votes, Casual Elections and Co-options Sorting of ballot papers, casual elections and cooptions.

\n

Amended by:

\n

XI.2019.12.

\n

Art. 105

\n
105.(1) Ballot papers shall be sorted in accordance with such regulations which the Prime Minister may make from time to time.
\n
(2)Regulations made in accordance with this article shall also regulate casual elections and co-option of members to fill vacancies among the membership of the House.
\n
(3)Regulations made in accordance with sub-article (1) shall not come into force unless and until the House so resolves by resolution. Notice of the approval of such resolution shall be published in the Gazette by the Clerk of the House.
\n
(4)The regulations contained in the Thirteenth Schedule or, when an Electronic Counting System is being used, Thirteenth-A Schedule to this Act shall, until such time as regulations are made in accordance with sub-articles (1) to (3), regulate the sorting of ballot papers, casual elections and co-option of members to fill vacancies among the membership of the House.
\n

PART XVI

\n

Publication of results Publication of result of election and of counting details.

\n

Art. 106

\n
106.(1) The Commission shall, not later than on the working day following that on which the result of the counting of the votes has been ascertained, publish a declaration containing the names of the candidates elected and such other particulars as the Commission may consider necessary.
\n
(2)The Commission shall deposit the declaration aforesaid with the Clerk of the House and shall cause a copy of such declaration to be published without delay in the Gazette.
\n
(3)Every candidate whose name is published in the Gazette in accordance with the provisions of article 54(1) or who is declared elected in accordance with the provisions of this article shall be considered to be a Member of the House of Representatives.
\n
(4)The Commission shall publish in the Gazette not later than seven days after the end of counting a declaration of the result of the election which declaration shall include a record of the total votes cast, both on a national level and subdivided by polling GENERAL ELECTIONS booth, the total valid and invalid votes, the total votes credited to each political party, the quota for each electoral division, the record and result in all stages of any transfer of votes between political parties, the first preference credited to each candidate, any transfer of votes made, and of the total number of votes credited to each candidate after any such transfer, and any such other information as t h e E l e c t o r a l C o m m i s s i o n m a y c o n s i d e r n e c e s s a r y. S u c h declaration shall be in such form as the Electoral Commission may determine as likely to impart easily all the information likely to be required by the public.
\n
(5)Within three months of the publication of the official results of the election the Election Commission shall publish a report explaining in detail what steps were taken by them to perform the various duties imposed on them by this Act, to give all relevant statistics connected with the election including the publication of all statistics regarding eligible voters, printing and distribution of voting documents and ballot papers, voters per polling place, returns submitted by Assistant Commissioners and the like, and to make such suggestions as they consider necessary.
\n

Art. 107

\n
107.(1)The Commission shall preserve until the publication of the official result of the next following election all used ballot papers for each electoral division in separate sealed packets, as follows Where an Electronic Counting System is used:
\n

All ballot papers contained in each ballot box sorted in unique identifier order in all other cases: (a) the spoilt ballot papers; (b) the invalid ballot papers; (c) the papers at the completion of the counting in the parcel of each elected candidate and of each nonelected candidate whose papers have not been transferred; (d) all the non-transferable papers not retained in the parcel of an elected candidate.

\n
(2)The Commissioners shall endorse on each packet a description of its contents, the date of the election and the number of the electoral division to which they relate.
\n
(3)The Commission shall further preserve for the same period for each electoral division a copy of the declaration of the result of the count and of any document showing the operations of the transfer of each surplus:
\n

Provided that where the Commission decides to use an Electronic Counting System, the Commission shall preserve all data introduced to or used by the Electronic Counting System including but not limited to data processed or produced by the Electronic Counting System for all intermediate steps prior to the final results. The data is to be preserved in digital format on suitable media and in at least two separate copies identical to the original, as decided by the Commission, for the long term storage of the same data which media shall be kept in separate sealed packets and in separate locations established by the Preservations of documents.

\n

Amended by:

\n

XV. 1996.61;

\n

XVI. 2002.26;

\n

XI.2019.13.

\n

GE N E R A L E L E C T I O N S Commission. The said copies shall be preserved until the publication of the result of the next following election and shall be erased thereafter.

\n
(4)Party delegates, candidates and counting agents shall have the right to affix their seals and signatures to such packets.
\n

Power of court to order unsealing of packets.

\n

Art. 108

\n
108.It shall be lawful for the Constitutional Court before which any question is brought as to the right of any person to be or to remain an elected Member of the House and for any court before which any proceedings are commenced in accordance with the provisions of this Act to order the opening of the packets referred to in article 78(1) and in article 107 and the production of one or more of the documents therein contained under such conditions and precautions as may be necessary to maintain the secrecy of the voting consistently with the due administration of justice.
\n

Candidates returned in both divisions.

\n

Art. 109

\n
109.(1)If at an election any person is returned as a member for two divisions, such person shall, by a writing under his hand delivered to the Clerk of the House on or before appearing to take the oath or to make the affirmation prescribed by article 68 of the Constitution declare which of the two divisions he elects to represent.
\n
(2)As soon as a person who is returned for two divisions declares which of the two divisions he elects to represent, he shall be deemed to have vacated his seat in the other division.
\n

PART XVII

\n

Penal Provisions Penalty for giving false information.

\n

Amended by:

\n

XVI. 2002.27;

\n

L.N. 425 of 2007.

\n

Art. 110

\n
110.Any person who knowingly makes or subscribes to a false declaration or otherwise gives false information in connection with the registration, transfer or cancellation of any voter shall be guilty of an offence against this Act and shall, on conviction, be liable to imprisonment for a term not exceeding one month or to a fine (multa) not exceeding two hundred and thirty-two euro and ninetyfour cents (232.94) or to both such imprisonment and fine.
\n

Penalty for misconduct in polling places, etc.

\n

Amended by:

\n

XVI. 2002.28;

\n

L.N. 425 of 2007.

\n

Art. 111

\n
111.Every person who misconducts himself in any polling place or contravenes any of the provisions of article 66 or 67 or takes part in any public meeting or public demonstration held in contravention of any of the provisions of this Act, or fails to obey the lawful order of the Assistant Commissioners or other lawful authority in relation to an election, shall, on conviction, be liable to a fine (multa) not exceeding two hundred and thirty-two euro and ninety-four cents (232.94).
\n

Penalty for offences in respect of nomination, etc.

\n

Amended by:

\n

XV. 1996.62;

\n

L.N. 425 of 2007;

\n

XIX.2018.15.

\n

Art. 112

\n
112.(1) Every person who (a) forges or fraudulently defaces or fraudulently destroys any nomination paper or delivers to the Commissioner any nomination paper knowing the same to be forged; or (b) forges or counterfeits or fraudulently defaces or fraudulently destroys any voting document or ballot paper or the official mark on any ballot paper; or GENERAL ELECTIONS (c) without due authority supplies any voting document or ballot paper to any person; or (d) forges or counterfeits or is in unlawful possession of any stamp or seal used by the Chief Electoral Commissioner or the Election Commissioners or the Assistant Commissioners; or (e) is in unlawful possession of any voting document or ballot paper; or (f) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or (g) fraudulently takes out of the polling place any ballot paper; or (h) without due authority, destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purpose of the election; or (i) accepts a voting document, whether belonging to him or to any other person, when he is aware that he or such other person to whom the voting document refers has lost his right to vote; or (j) votes when he knows that he has lost the right to vote; (k) without authorisation of the Commission takes any photographic or video image at a polling place on any polling day, shall be guilty of an offence and shall be liable, on conviction, to a fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.
\n
(2)Every person who aids or abets the commission of an offence under this article or attempts to commit any such offence shall be liable, on conviction, to the punishment provided for the offence.
\n

Art. 113

\n
113.Every Assistant Commissioner who shall reveal the manner of voting of any voter when such manner of voting shall have come to his knowledge in the course of the exercise of his functions under this Act shall be guilty of an offence, and shall, on conviction, be liable to a fine (multa) not exceeding four hundred and sixty-five euro and eighty-seven cents (465.87) or to imprisonment for a term not exceeding one month or to both such fine and imprisonment.
\n

Infringement of secrecy as to manner of voting.

\n

Amended by:

\n

XVI. 2002.29;

\n

L.N. 425 of 2007.

\n

Art. 114

\n
114.(1) During the day on which an election of Members of the House is held and during the day immediately preceding such an election, no person shall address any public meeting or any other gathering whatsoever in any place or building accessible to the public, or on the broadcasting media, on any matter intended or likely to influence voters in the exercise of the franchise, or publish Prohibition of activities capable of influencing voters immediately before the election.
\n

Amended by:

\n

L.N. 425 of 2007.

\n

GE N E R A L E L E C T I O N S or cause to be published any newspaper, printed matter or other means of communication to the public containing any matter aforesaid, or issue or cause to be issued any statement or declaration on any matter aforesaid or knowingly distribute any newspaper, printed matter, or other means of communication, or any statement or declaration as aforesaid, and any person acting in contravention of any of the provisions of this article shall be liable on conviction to a fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.

\n
(2)Every person who aids or abets the commission of an offence under this article or attempts to commit any such offence, shall be liable on conviction to the punishment provided for the offence.
\n

Competent courts.

\n

Art. 115

\n
115.(1) All questions regarding the right of any person to be or remain a Member of the House shall be referred to and decided by the Constitutional Court.
\n
(2)Any criminal proceedings for offences under this Act shall be brought before the Courts of Magistrates and subject to the following provisions of this article, the provisions of the Criminal Code shall apply to any such proceedings.
\n
(3)Notwithstanding anything contained in the Probation Act, a person who commits any offence under this Act shall be convicted and sentenced in respect of that offence and may not be placed on probation or discharged under that Act.
\n
(4)Every decision of the Courts of Magistrates in respect of an offence under this Act, may, in all cases, be appealed against by the Attorney General and by the party convicted.
\n

Prohibition of display of posters, etc.

\n

Amended by:

\n

XV. 1996.63;

\n

L.N. 425 of 2007.

\n

Art. 116

\n
116.(1) Except as provided in sub-article (2) it shall not be lawful for any person, at any time in contemplation or in anticipation of an election, to display or cause to be displayed in a public place, or in a place accessible to the public or visible from any public place, any bill, poster or other advertisement intended or likely to influence voters in the exercise of the franchise, or to write or make or cause to be written or made on any wall or other place visible from a public place any word or sign intended or likely to influence voters in the exercise of the franchise.
\n
(2)The provisions of sub-article (1) shall not apply to any bill, poster or other advertisement which (a) is worn or carried by a person; or (b) which is displayed on the inside of a private building even though it may be visible from a public place; (c) is displayed on a duly authorised billboard; and (d) is displayed on a duly authorised streamer.
\n
(3)Any person acting in contravention of any of the foregoing provisions of this article shall be liable on conviction in respect of each offence to a fine (multa) not exceeding one thousand and one GENERAL ELECTIONS hundred and sixty-four euro and sixty-nine cents (1,164.69) or to imprisonment for a period of not more than six months, and in respect of any second or subsequent offence to both such fine and imprisonment.
\n
(4)It shall be the duty of the Police to remove or otherwise cancel or delete anything displayed, written or made in contravention of any of the provisions of sub-article (1).
\n

PART XVIII

\n

Saving and Repeal

\n

Art. 117

\n
117.Notwithstanding any other provision contained in this Act, whereby the decision of the Commission is declared as final and/ or not subject to appeal such provision shall not exclude recourse to the Constitutional Court by any person on an action to invalidate the election, whether in any or in all divisions.
\n

Right of action before Constitutional Court.

\n

Art. 118

\n
118.Subject to the provisions of article 12 of the Interpretation Act, the Electoral (Franchise, Method of Election and Registration of Voters) Ordinance, and the Electoral Polling Ordinance, except articles 41 to 62 thereof, which articles are reproduced in the Fourteenth Schedule to this Act, are hereby repealed.
\n

Repeal.

\n

PART XIX

\n

Saving as to Right of Political Parties

\n

Art. 119

\n

The non-exercise by any political party, delegate, candidate, agent or any person nominated for appointment by a political party, of any right, power or privilege granted by this Act shall not of itself invalidate any action or procedure in respect of which the right, power or privilege has been granted by this Act.

\n

Non-exercise of certain rights.

\n

Art. 120

\n
120.The Commission may make use of electronic equipment to count the ballot papers in accordance with Schedule 13 of this Act.
\n

Electronic Equipment.

\n

Added by:

\n

XIX.2018.16.

\n

FIRST SCHEDULE (Article 8) Form of Oath of Office to be taken by the Election Commissioners I, ....................... , *Chief Electoral Commissioner/Electoral Commissioner do swear / affirm that I will faithfully perform the duties of Commissioner to conduct the election of Members of the House of Representatives according to law. (So help me God.) GE N E R A L E L E C T I O N S * delete where necessary Amended by:

\n

L.N. 426 of 2012.

\n

Substituted by:

\n

L.N.350 of 2017.

\n

SECOND SCHEDULE (Article 21) GENERAL ELECTIONS FORM NO. 1 Form of Application for Registration as a Voter To the Electoral Commission, Valletta, Malta.

\n

Surname ______________________________________ I.D. Card No. _____________________________ Name __________________________________________________________________________________ Place of Birth __________________________________ Date of Birth ______________________________ Name of town / village ____________________________________________________________________ Street and number / name of premises ________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Parent’s Name, Surname and Surname at birth __________________________________________________ Place of Birth _______________________________________ Nationality* __________________________ * (if applicant’s parent shown above is dead, state nationality at the time of death) Parent’s name, Surname and Surname at birth __________________________________________________ Place of Birth _______________________________________ Nationality ** ________________________ ** (if applicant’s parent shown above is dead, state nationality at the time of death) I hereby apply to be registered as a voter for the election of Members of the House of Representatives for the ___________________________ (1) electoral division in accordance with the 1991 General Elections Act.

\n

Date ___________________________________ ___________________________________ Signature or mark of applicant

\n
(1)Insert number of electoral division FOR OFFICIAL USE ONLY Remarks Vtd. ______________________________ Chkd. ______________________________ THIRD SCHEDULE (Article 23) Amended by:
\n

L.N. 426 of 2012.

\n

GE N E R A L E L E C T I O N S Form of Corrections or Transfers To the Electoral Commission:

\n

I (1) ........................... legally valid identification document number ........................ formerly residing at (2) ........................... , do hereby give notice that I have transferred my residence to (3) ..................................................

\n

Date .................................... ............................................................

\n

Signature or mark of applicant (4) ............................................................

\n

Signature and legally valid identification document number of witness Address of witness ........................................................................

\n
(1)Name and surname (also nickname, if any)
\n
(2)Former address as shown on Electoral Register
\n
(3)Present address
\n
(4)Should applicant be unable to write, the person filling in the form is to affix his or her signature and furnish his or her full address and legally valid identification document number below applicant’s mark.
\n

GENERAL ELECTIONS FOURTH SCHEDULE FORM NO. 3 Amended by:

\n

L.N. 426 of 2012.

\n

Substituted by:

\n

L.N. 284 of 2014;

\n

L.N.350 of 2017.

\n

REFERENCE NO.

\n

Application Form for change in details To the Electoral Commission, Valletta, Malta.

\n

My name and/or address* as shown on the Electoral Register together with other details as shown hereunder (1): ________________________________ Identity Card No. of applicant _________________ ________________________________ Date of Birth _________________ ________________________________ Place of Birth _________________ ________________________________ Nationality _________________ ________________________________ Gender _________________ Surname at birth __________________ Status _________________ As a result of changes thereto, I request that my name and/or address* together with other details be shown as follows (2): ________________________________ Date of Birth _________________ ________________________________ Place of Birth _________________ ________________________________ Nationality _________________ ________________________________ Gender _________________ Surname at birth __________________ Status _________________ * Delete where not applicable.

\n

Date: _________________________ ______________________________________ Signature or mark of applicant (3) ______________________________________ Signature and Identity Card Number of witness Address of witness ________________________________________________________________________

\n
(1)Full name and full address as shown on the Electoral Register. (Details before change)
\n
(2)Changes required by the applicant. (Details after change) \u0016 \u0003 ,I\u0003WKH\u0003SHUVRQ\u0003ZKR\u0003LV\u0003UHTXHVWLQJ\u0003WKH\u0003FKDQJH\u0003LV\u0003QRW\u0003DEOH\u0003WR\u0003ZULWH\u000f\u0003WKH\u0003SHUVRQ\u0003ZKR\u0003ÀOOV\u0003LQ\u0003WKH\u0003IRUP\u0003KDV\u0003WR\u0003VLJQ\u000f\u0003ZULWH\u0003WKH\u0003IXOO\u0003DGGUHVV\u0003 and Identity Card Number under the mark of the applicant.
\n

Amended by:

\n

L.N. 426 of 2012.

\n

Substituted by:

\n

L.N.350 of 2017.

\n

GE N E R A L E L E C T I O N S FIFTH SCHEDULE (Article 23) GENERAL ELECTIONS SIXTH SCHEDULE (Article 44) Form of Writ to the Electoral Commissioners by the President of Malta To, Electoral Commissioners appointed for conducting the election of Members of the House of Representatives.

\n

Whereas an election of Members of the House of Representatives is to be held for the electoral division;

\n

You are hereby commissioned to cause an election of Members of the House of Representatives to be held according to the law.

\n

Given at the Palace, Valletta this ........day ............ of ................... 20 ........

\n

PRESIDENT Substituted by:

\n

L.N.350 of 2017.

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GE N E R A L E L E C T I O N S SEVENTH SCHEDULE (article 46) Form of Voting Document GENERAL ELECTIONS EIGHTH SCHEDULE (Article 49) Substituted by:

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XV. 1996.64;

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XI.2019.14.

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Added by:

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XI.2019.15.

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GE N E R A L E L E C T I O N S SCHEDULE 8A (Article 49) Rear of Ballot Paper GENERAL ELECTIONS SCHEDULE EIGHT B (Article 68(3)) Substituted by:

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XV. 1996.64;

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L.N.350 of 2017.

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DIRECTIONS FOR THE GUIDANCE OF THE VOTER IN VOTING 1.

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Vote by placing the number 1 against the name of the candidate you most desire to see elected.

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2.

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You are invited (and it is advisable) to place the number 2 against the name of your second choice, the number 3 against the name of your third choice, and so on.

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3.

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It is advisable to go on numbering the candidates in the order of your preference until you are indifferent as to the candidates whom you have not marked.

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4.

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If you do not place the number 1 on your ballot paper or if you place the number 1 (indicating a first preference) and some other number against the same name, or if you place the number 1 against the name of more than one candidate, your ballot paper will be invalid and will not be counted.

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5.

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Do not vote with an X.

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6.

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If you inadvertently spoil a ballot paper you may return it to the Chairperson, who will, if satisfied that such inadvertence is genuine and without bad intentions, give you another ballot paper.

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GE N E R A L E L E C T I O N S NINTH SCHEDULE Amended by:

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L.N. 426 of 2012. (Article 51) Form of Nomination Paper To the Election Commissioners We, the undersigned, being voters entitled to vote at an election of Members of the House of Representatives and being registered on the Electoral Register for the (1) Electoral Division, do hereby nominate (2) ........................... as a candidate for the said division and in the interests of the (3) I, (2) ........................... residing at .............................................. consent to the above nomination.

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Date Signature of candidate (or of lawful representative as the case may be) 1. Number of division 2. Name, surname, address, and legally valid identification document number and occupation of person nominated 3. Name of political party GENERAL ELECTIONS TENTH SCHEDULE (Article 56) Form of Oath to be taken by Assistant Electoral Commissioners I, .......................... , Assistant Election Commissioner duly appointed to superintend the taking of the poll at the election of the Members of the House of Representatives swear/ affirm that I will faithfully perform the duties of such office according to the provisions of the law, and to report by letter addressed to the Clerk of the House of Representatives any irregularity observed by me in the conduct of the election.

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I also swear/affirm to maintain secrecy regarding the vote given by any elector which may become known to me. (So help me God.) Date ...........................

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Signature ...............................................

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Legally valid identification document number ..............................................

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Amended by:

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L.N. 426 of 2012.

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GE N E R A L E L E C T I O N S ELEVENTH SCHEDULE Amended by:

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L.N. 426 of 2012. (Article 70) Form of oath which an Assistant Commissioner may administer to a voter I, (1) of (2) do swear/affirm that I am the same person whose name appears as A.B. in the Electoral Register and that I have not already voted either here or elsewhere at this election for members of the House of Representatives. (So help me God.) Date.............. Signature or mark of voter ........................................

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Sworn/Affirmed before me this .................day of ...........................

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Signature of Assistant Election Commissioner 1. Name in full 2. Address and legally valid identification document number of voter GENERAL ELECTIONS TWELFTH SCHEDULE (Article 118) (Article 50, Cap. 102, vide Fourteenth Schedule) Return of election expenses 1.

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Under the head of receipts there shall be shown the name and description of every person (including the candidate), club, society or association from whom any money, security, or equivalent of money was received in respect of expenses incurred on account of or in connection with or incidental to the election, and the amount received from each person, club, society or association separately.

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2.

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Under the head of expenditure there shall be shown:

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a)the personal expenses of the candidate incurred or paid by him or his election agent;
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b)the name, the rate, and total amount of the pay of each person employed as an agent (including the election agent), clerk or messenger;
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c)the travelling expenses and any other expenses incurred by the candidate or his election agent on account of agents (including the election agent), clerks or messengers;
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d)the travelling expenses of persons, whether in receipt of a salary or not, incurred in connection with the candidature and whether paid or incurred by the candidate, his election agent, or the person so travelling;
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e)the cost whether paid or incurred, of:
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i)printing;
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ii)advertising; iii) stationery;
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iv)postage;
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v)telegrams;
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vi)rooms hired either for public meetings or as committee rooms;
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f)any other miscellaneous expenses, whether paid or incurred.
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Note:

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1)All expenses incurred in connection with the candidature whether paid by the candidate, his election agent or any other persons, or remaining unpaid on the date of the return, are to be set out.
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2)For all items over fifty-eight cents (0.58) unless from the nature of the case (e.g. postage) a receipt is not obtainable, vouchers have to be attached.
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3)All sums paid out, but for which no receipt is attached, are to be set out in detail with dates of payments.
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4)All sums unpaid are to be set out in a separate list.
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Amended by:

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L.N. 425 of 2007;

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XXIV. 2015.48.

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GE N E R A L E L E C T I O N S FORM OF DECLARATION BY CANDIDATE I, ................................................................................. , being a candidate for election in the ...........................Electoral Division, do hereby swear/affirm that the above return of election expenses is true to the best of my knowledge and belief, and that, except the expenses therein set out, no expenses of any nature whatsoever have to my knowledge or belief been incurred in connection with or for the purposes of my candidature.

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Candidate Sworn/Affirmed before me Magistrate/Commissioner of Oaths GENERAL ELECTIONS THIRTEENTH SCHEDULE Amended by:

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XV. 1996.65;

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L.N. 178 of 1996;

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XXI. 2007.7. (Article 105) The General Elections (Sorting of Ballot Papers, Casual Elections and Co-opting) Regulations, 1991

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PART I

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Preliminary 1.

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These regulations may be cited as the General Elections (Sorting of Ballot Papers, Casual Elections and Co-options) Regulations, 1991.

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2.

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In these regulations unless the context otherwise requires:

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(1)The expression \"continuing candidate\" means candidate not elected and not excluded from the poll. any
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(2)The expression \"first preference\" means the figure \"1\" standing alone against the name of a candidate; the expression \"second preference\" means the figure \"2\" standing alone against the name of a candidate; and the expression \"third preference\" means the figure \"3\" standing alone against the name of a candidate, and so on.
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(3)The expression \"next available preference\" means a second or subsequent preference recorded in consecutive numerical order for a continuing candidate, the preferences next in order on the ballot paper for candidates already elected or excluded from the poll being ignored.
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(4)The expression \"transferable paper\" means a ballot paper on which, following a first preference, a second or subsequent preference is recorded in consecutive numerical order for a continuing candidate.
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(5)The expression \"non-transferable paper\" means a ballot paper on which no second or subsequent preference is recorded for a continuing candidate:
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Provided that a paper shall be deemed to have become a non-transferable paper whenever: (a) the names of two or more candidates, (whether continuing or not) are marked with the same number, and are next in order of preference; or (b) the name of the candidate next in order of preference (whether continuing or not) is marked: (i) by a number not following consecutively after some other number on the ballot paper or (ii) by two or more numbers; or (c) for any other reason it cannot be determined with certainty for which of the continuing candidates the next available preference of the voter is recorded.

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Citation.

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Interpretation.

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Amended by:

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L.N. 178 of 1996.

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GE N E R A L E L E C T I O N S

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(6)The expression \"original vote\" in regard to any candidate means a vote derived from a ballot paper on which a first preference is recorded for that candidate.
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(7)The expression \"transferred vote\" in regard to any candidate means a vote derived from a ballot paper on which a second or subsequent preference is recorded for that candidate.
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(8)The expression \"surplus\" means the number of votes by which the total number of the votes, original and transferred, credited to any candidate, exceeds the quota.
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(9)The expression \"count\" means: (a) all the operations involved in the counting of the first preferences recorded for candidates; or (b) all the operations involved in the transfer of the surplus of an elected candidate; or (c) all the operations involved in the transfer of the votes of an excluded candidate or of two or more candidates excluded together.
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PART II

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Sorting of votes Sorting of ballot papers.

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3.

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In any general election, after the stage referred to in Part XIV of the General Elections Act, the Commission shall cause the ballot papers to be sorted out into parcels according to their first preference recorded for each candidate, rejecting any that are invalid.

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Method of sorting.

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4.

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The sorting of ballot papers indicated in the previous regulation shall be carried out in the following manner:

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(1)the supervisor of each counting table shall take the topmost bundle of ballot papers form each pigeon hole and, in full view of the candidates and agents, place the bundles on a rack to pass to the counters;
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(2)when a parcel of ballot papers has been taken from each different pigeon hole and placed on the rack as provided in the previous paragraph of this regulation, the supervisor shall pass to each counter one parcel at a time in order that the ballot papers may be sorted;
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(3)the counters shall open each parcel with the ballot papers and ascertain whether each paper is valid or invalid;
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(4)if the counters decide that there is a possibility that, for any reason according to the General Elections Act, a ballot paper may be invalid or if any candidate or agent for the same reason so claims, the counter shall place such ballot paper in a tray marked \"dubious\";
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(5)if the ballot paper is considered as valid the counter shall place the ballot paper in a tray indicating the candidate to which the first preference has been given on that ballot paper.
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GENERAL ELECTIONS 5. (1) When a counter has so disposed of the parcel of ballot papers mentioned in the previous regulation he shall be given another parcel to sort in the same manner and so on and so forth until all the parcels on the rack have been counted.

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Continuation of sorting process.

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Amended by:

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XV. 1996.65.

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(2)When all the parcels on the rack have been counted the supervisor shall take the next topmost parcel of ballot papers from each pigeon hole repeating the sorting process mentioned in regulation 4 and in paragraph (1) of this regulation and so on and so forth until all ballot papers have, in phases, been removed from the pigeon holes, put on the rack and sorted.
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6.(1) Whenever the supervisor in charge of the sorting of votes of an electoral division determines that in the tray marked as \"dubious\" there are a sufficient number of ballot papers he shall call one of the Electoral Commissioners to collect such papers.
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Dubious Votes.

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(2)The dubious ballot papers may only be removed from the tray by an Electoral Commissioner who shall take them to the table of the Electoral Commission personally.
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(3)The Electoral Commission, or any number of members thereof not being less than three, shall, after hearing the representations of the party delegates, or their substitutes decide in respect of each paper, whether it is valid or invalid and if they decide that it is invalid they shall so stamp the paper on its face.
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(4)The decision of the Electoral Commission in this regard shall be final and not subject to appeal.
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(5)Once all the dubious ballot papers have been declared valid or invalid by the Electoral Commission, they shall be returned to the appropriate electoral division by an Electoral Commissioner who shall pass them on to a supervisor of that division.
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(6)The supervisor shall cause the invalid ballot papers to be put in a tray marked Invalid and the valid ballot papers to be sorted in accordance with the preceding regulations.
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7.(1) The Commission shall then count the number of papers in the tray of each candidate, and credit each candidate with a number of votes equal to the number of valid papers on which a first preference has been recorded for such candidate, and they shall ascertain the total number of valid papers in that division.
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(2)When counting the number of papers placed in the tray of each candidate, the supervisor shall direct that such papers be bundled in packets of fifty papers each and that each packet is counted by at least two counters.
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(3)The Electoral Commission may order that in the same electoral division the votes of more than one candidate shall be counted contemporaneously provided that they ensure that the ballot papers belonging to different candidates are kept separate.
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(4)At the end of the count in a particular electoral division the Commission shall declare the total number of valid ballot papers in that division and the total number of valid votes credited to each candidate in that electoral division.
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Counting papers.

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Amended by:

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XV. 1996.65.

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GE N E R A L E L E C T I O N S Ascertainment of quota.

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8.

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The Commission shall then divide the total number of valid papers in each division by a number exceeding by one the number of vacancies to be filled. The result increased by one, disregarding any fractional remainder, shall be the number of votes sufficient to secure the return of a candidate. This number is herein called the \"quota\".

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Candidate with quota elected.

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9.

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If at the end of any count the number of votes credited to a candidate is equal to or greater than the quota, that candidate shall thereupon be elected.

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Transfer of surplus.

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Amended by:

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XV. 1996.65.

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10.(1) If at the end of any count the number of votes credited to a candidate is greater than the quota, the surplus shall be transferred, as in this regulation provided, to the continuing candidates for whom the next available preferences have been recorded on the ballot papers in the parcel or sub-parcel received by the elected candidate at that count.
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Priority of surplus.

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(2)A surplus which arises from any count shall be transferred before a surplus which may arise from a subsequent count.
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(3)If more than one candidate has a surplus arising from the same count, the largest surplus shall first be dealt with.
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Equality of surplus.

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Original votes only.

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(4)If two or more candidates have each an equal surplus arising from the same count, the surplus of the candidate with the greatest number of votes at the first count at which the candidates in question had an unequal number of votes shall first be dealt with.
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Where the number of votes credited to such candidates were equal at all counts the Commission shall determine by lot which surplus they will first deal with.

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(5)(a) If the votes credited to an elected candidate consist of original votes only, the Commission shall examine all the papers in the parcel of the elected candidate whose surplus is to be transferred.
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Original and transferred votes. (b) If the votes credited to an elected candidate consist of original and transferred votes, or of transferred votes only, the Commission shall examine the papers contained in the last sub-parcel last received by the elected candidate whose surplus is to be transferred.

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Papers sorted to next available preference. (c) In either case the Commission shall sort the transferable papers into sub-parcels according to the next available preference recorded thereon, shall make a separate sub-parcel of the non-transferable papers and shall ascertain the number of papers in each subparcel of transferable papers and in the sub-parcel of non-transferable papers.

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Transferable papers equal or less than surplus.

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(6)If the total number of papers in the sub-parcels of transferable papers is not greater than the surplus, the Commission shall transfer the whole of each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voter ’s next available preference, and shall set aside as a separate parcel so many of the non-transferable papers as are not required for the quota of the elected candidate. The particular papers set aside shall be those last filed in the sub-parcel of non-transferable papers.
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GENERAL ELECTIONS

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(7)(a) If the total number of transferable papers is greater than the surplus, the Commission shall transfer from each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters’ next available preference the number of papers which bears the same proportion to the number of papers in the subparcel as the surplus bears to the total number of transferable papers.
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Transferable papers exceed surplus; proportionate transfer. (b) The number of papers to be transferred from each subparcel shall be ascertained by multiplying the number of papers in the sub-parcel by the surplus and dividing the result by the total number of transferable papers. A note shall be made of the decimal parts (to four significant places), if any, of each number so ascertained.

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Ascertainment of number of papers to be transferred. (c) If, owing to the existence of such decimal parts (to four significant places), the number of papers to be transferred is less than the surplus, so many of these decimal parts (to four significant places) taken in the order of their magnitude, beginning with the largest as are necessary to make the total number of papers to be transferred equal to the surplus, shall be reckoned as of the value of unity, and the remaining decimal parts (to four significant places) shall be ignored.

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Treatment of decimal parts (to four significant places). (d) If two or more decimal parts (to four significant places) are of equal magnitude, those decimal parts (to four significant places) shall be deemed to be the largest which arise from the largest sub-parcels and if the sub-parcels in question are equal in size, the decimal parts (to four significant places) credited to the candidate with the greatest number of votes at the first count at which the candidates in question had an unequal number of votes shall be deemed to be the largest. Where the numbers of votes credited to such candidates were equal at all counts the Commission shall determine by lot which decimal parts (to four significant places) shall be deemed to be the largest.

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Equality of decimal parts (to four significant places). (e) The particular papers transferred from each sub-parcel shall be those last filed in the sub-parcel, and each paper so transferred shall be marked with the number of the count at which the transfer took place.

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Papers transferred from sub-parcels.

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11.(1) If at the end of any count no candidate has a surplus and one or more vacancies remain unfilled, the Commission shall exclude from the poll the candidate credited with the lowest number of votes; shall examine all the papers of that candidate; shall sort the transferable papers into sub-parcels according to the next available preferences recorded thereon for continuing candidates; shall transfer each sub-parcel to the candidate for whom that preference is recorded; and shall make a separate subparcel of the non-transferable papers.
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(2)If the total of the votes of the two or more candidates Exclusion of candidates. One candidate excluded.
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Two or more excluded.

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GE N E R A L E L E C T I O N S lowest on the poll is less than the number of the votes credited to the next highest candidate the Commission may at the same count exclude those candidates from the poll and transfer their votes as in this regulation provided.

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Selection of candidate for exclusion.

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Last vacancies.

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(3)If, when a candidate has to be excluded, two or more candidates have each the same number of votes and are lowest on the poll, the candidate with the lowest number of votes at the first count at which the candidates in question had an unequal number of votes shall be excluded, and, where the numbers of votes credited to those candidates were equal at all counts, the Commission shall decide by lot which shall be excluded.
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12.

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Notwithstanding anything in these regulations contained:

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(1)If at the end of any count the number of elected candidates is equal to the number of vacancies to be filled, no further transfer of votes shall be made.
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(2)If on the exclusion of a candidate or candidates the number of the then continuing candidates is equal to the number of vacancies to be filled, the continuing candidates shall thereupon be elected and no further transfer of votes shall be made.
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Procedure in transferring votes.

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Papers transferred.

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13.(1) Whenever any transfer is made each sub-parcel of papers transferred shall be placed on the top of the parcel, if any, of papers of the candidate to whom the transfer is made, and that candidate shall be credited with a number of votes equal to the number of papers transferred to him.
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Non-transferable papers set aside.

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(2)Non-transferable papers, except such as in the transfer of a surplus may be required for the quota of the elected candidate, shall be set aside as a separate parcel together with any parcel of nontransferable papers already set aside.
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Papers retained for quota.

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(3)On the transfer of the surplus of an elected candidate, all papers not transferred to continuing candidates and not set aside as provided in the preceding paragraph shall be placed together in one parcel as the quota of the elected candidate and the parcel shall be marked with the name of the elected candidate.
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Partial re-counts.

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14.Any candidate or agent may, at the end of any count, request the Commission to re-examine and re-count all or any of the papers dealt with during that count, and the Commission shall forthwith re-examine and re-count accordingly the papers indicated without making any alterations in the arrangements of the papers in the various parcels save where such alteration may be necessary in consequence of any error discovered in the re-count; the Commission may also at their discretion re-count papers either once or more often in any case in which they are not satisfied as to the accuracy of any previous count; provided that nothing herein shall make it obligatory on the Commission to recount the same papers more than once.
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Election petitions.

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15.(1) Upon an election petition the court may direct the whole or any part of the ballot papers to be re-counted, and the result of the election to be ascertained in accordance with these regulations.
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GENERAL ELECTIONS

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(2)On any re-count, subject to such modifications as may be necessary by reason of any order of the court, each paper originally declared valid shall, whenever any transfer of votes takes place, follow the same course as at the original counting of the votes.
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16.(1) If any question shall arise in relation to any transfer of votes, the decision of the Commission whether expressed or implied by their acts, shall be final unless an objection is made in writing by any candidate or agent before the declaration of the poll, and in that event the decision of the Commission may be reversed upon an election petition.
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Decision of returning officers on transfer.

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(2)If any decision of the Commission is so reversed, the transfer in question and all operations subsequent thereto shall be void and the court shall direct what transfer is to be made in place of t he t ra nsfer i n qu est io n, and s hal l cau se th e su bse qu ent operations to be carried out and the result of the election to be ascertained in accordance with these regulations.
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17.The declaration of the result of the poll shall include a record of any transfer of votes made under these regulations, and of the total number of votes credited to each candidate after any such transfer, and shall be in the form shown in the Schedule to these regulations, or in a form to the like effect.
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Result of poll.

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Form of declaration.

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PART III

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Casual Vacancies 18. In the event of a seat becoming vacant the Commission shall, within five working days from the date of the receipt of the President’s Writ, give notice, to be published in the Gazette, of an election to fill the seat vacated.

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Notice of vacancy.

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19.Within five working days after the publication of such notice any person who:
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Nominations. (a) at the general election held immediately prior to the occurrence of the said vacancy was a candidate nominated for election as a Member of the House for the electoral division in respect of which the vacancy has arisen, and did not withdraw from the election and was not elected, and (b) is still qualified to be so elected may with his consent, be nominated as a candidate for the said vacancy.

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20.Within three working days after the last day fixed for the receipt of nominations, the Commission shall decide on the validity of the nominations, and shall publish in the authorised form, the names, and description of the persons validly nominated, and the electoral division the seat whereof is to be filled.
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Notice of valid nominations.

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21.If there are any valid nominations, the Commission shall, within four working days, proceed to examine the ballot papers in the sealed parcel of the vacating member and the following provisions shall apply:
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If two or more nominations, ballot papers of vacating member are examined.

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GE N E R A L E L E C T I O N S

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(1)All candidates for the electoral division at the general election shall be deemed to be candidates excluded from the poll except those who have been validly nominated for the vacant seat.
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(2)The papers preserved under seal in accordance with the General Elections Act in the parcel of the vacating Member shall be examined and transferred to the validly nominated candidates first available in order of preference shown upon such papers, and each validly nominated candidate shall be credited with one vote in respect of each paper transferred.
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(3)In any case where there is only one validly nominated candidate, if such candidate is credited with votes in number equal to or exceeding half the number of papers in the parcel of the vacating Member, he shall be declared elected.
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(4)In any case where there are two or more validly nominated candidates, the Commission shall exclude from the poll the candidate credited with the lowest number of votes and shall transfer his votes according to the next available preferences shown upon the ballot papers for the continuing candidate or candidates.
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The process of excluding the candidate lowest in the poll and of transferring his votes according to the next available preferences shall be continued until there is only one candidate remaining. If such candidate shall have then been credited with votes in number equal to or exceeding half the number of papers in the parcel of the vacating Member, that candidate shall be declared elected:

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Provided that if at any time any candidates shall have been credited with votes exceeding the combined total of votes of all other candidates, and at the same time equal to or exceeding half the number of papers in the parcel of the vacating Member, he shall be declared elected without further transfer.

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Vacancy filled by co-option in special cases.

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22.(1) If a vacancy occurs in a seat which has been filled in accordance with this Part of these Regulations, or in accordance with sub-article (1) of article 54 of the General Elections Act, or if on a vacancy occurring no candidate is validly nominated, or if after examination of the ballot papers of the vacating Member no candidate secures election, the vacancy shall be filled by co-option, by the Members of the House of a person duly qualified for membership of the House.
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(2)In filling a vacancy by co-option, regard shall be had to the representation as nearly as may be of the interests and opinions represented and held by the vacating Member.
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PART IV

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Article 52 of the Constitution Additional members.

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Added by:

\n

XXI. 2007.7.

\n
23.For the purpose of electing the additional members, if any, required in terms of sub-paragraphs (i) and (ii) of the first proviso to sub-article (1) of article 52 of the Constitution and of subparagraphs (i) and (ii) of the second proviso to the same sub-article, the Commission shall:
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(1)establish the total valid votes credited at first count to each of the parties that has elected members to the GENERAL ELECTIONS House of Representatives;
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(2)establish the number of members elected to the House of Representatives by each of the parties;
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(3)for the purpose of sub-paragraph (i) of the first proviso to sub-article (1) of article 52 of the Constitution, when there is more than one party that has obtained less than fifty per centum of all the valid votes cast at first count at that election (hereinafter referred to as the \"minority party\") the Electoral Commission shall add together the totals of sub-regulations (1) and (2) of this regulation for all the minority parties so that, for the purposes of that sub-paragraph, there is effectively one minority party;
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(4)for each party, divide the number arrived at in pursuance of sub-paragraph (1) by the number arrived at in pursuance of subparagraph (2) obtaining the average vote per seat for each party, disregarding any remainders;
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(5)adopting the lowest average vote per seat obtained in terms of sub-paragraph (4) as the benchmark, hereinafter referred to as the \"low average\", divide the number of first count votes credited to the party with a higher average, hereinafter referred to as the \"disadvantaged party\" by the low average to obtain the total number of members of the House of Representatives that should be credited to the disadvantaged party;
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(6)the result obtained by subtracting the number of members elected to the House of Representatives by the disadvantaged party from the number of total members obtained by that party at sub-paragraph (5) above shall be the additional number of members of the House of Representatives that are to be declared elected in terms of the Constitution;
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(7)the total composition of the House of Representatives shall be such number of seats as is established in subparagraph (6) of this paragraph provided that if the total number of seats includes a remainder that remainder shall be eliminated by increasing or decreasing the number of seats to the nearest odd number.
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GE N E R A L E L E C T I O N S Annex to the Thirteenth Schedule Art. 52 of the Constitution Regulation 23 of the General Elections (Sorting of Ballot Papers, Casual Elections and Co-Opting) Regulations 1991 Examples for calculating additional Members of Parliament in terms of article 52 of the Constitution 1.

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Examples in terms of sub-paragraph (i) of the first proviso to sub-article (1) of article 52 of the Constitution Example A - when only two parties elect members and the party with an absolute majority of votes elects a minority of members Party A is credited with 150,000 valid first count votes and elects 30 members Party B is credited with 140,000 valid first count votes and elects 35 members Party C is credited with 5,000 valid first count votes and elects no members 1.

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Once all counts have been terminated in terms of these regulations and all 65 members have been declared elected, the Electoral Commission establishes that Party A has more than 50% of all valid first count votes (150,000 versus 145,000) BUT has a minority of elected members (30 versus 35 of Party B);

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2.

\n

Since Party C has not elected candidates, the first count votes credited to its candidates are eliminated from all subsequent calculations;

\n

3.

\n

Party A has a right to increase the number of its candidates to be declared elected so that, in percentage terms, the same proportion used for Party B when electing its own members is also used for Party A;

\n

4.

\n

To establish that proportion, the Commission proceeds to determine the average number of votes used by each of the parties to elect each of its candidates and it does so by dividing the total number of votes credited at first count to all the candidates of each party that has elected candidates, by the number of candidates d e c l a r e d e l e c t e d o n b e h a l f o f t h a t p a r t y, d i s r e g a r d i n g a n y remainders, so in this example:

\n
•Party A - 150,000/30 = 5,000
\n
•Party B - 140,000/35 = 4,000 5.
\n

The Commission adopts the lowest number so obtained (4000) as the average votes per seat to be applied for determining the final number of elected candidates to be credited to Party A and arrives at the total number by dividing the total first count votes credited to all its candidates (150,000) by the resultant lowest average votes per seat (4000), which result will represent the total number of candidates that are to be elected by the Party A:

\n

GENERAL ELECTIONS

\n
•Party A - 150,000/4000 = 37.5 6.
\n

From the result so obtained, representing the total number of candidates that are to be declared elected for Party A (37.5), the Commission deducts the number of candidates of that Party already declared elected (30) and the result thereof (7.5) represents the additional number of members that are to be declared elected on behalf of Party A 7.

\n

The total number of seats credited to Party A (37.5 seats) plus the total number of seats credited to Party B (35 seats) gives a total of 72.5 seats and since the total number of seats according to the Constitution has to be odd the total number of seats becomes 73 which is the nearest odd number to the total seats (72.5 seats) and the last seat assigned to the Party with the highest remainder, which in this case is Party A (Party A = 37.5 seats, Party B = 35 seats).

\n

8.

\n

The final result would therefore be: Party A 38 seats and Party B 35 for a House of Representatives with 73 seats Example B - when only two parties elect members and the party with an absolute majority of votes elects an absolute majority of members which is not proportionate to the share of the votes obtained by that party Party A is credited with 160,000 valid first count votes and elects 33 members Party B is credited with 140,000 valid first count votes and elects 32 members Party C is credited with 5,000 valid first count votes and elects no members 1.

\n

Once all counts have been terminated in terms of these regulations and all 65 members have been declared elected, the Electoral Commission establishes that Party A has more than 50% of all valid first count votes (160,000 versus 145,000);

\n

2.

\n

Since Party C has not elected candidates, the first count votes credited to its candidates are eliminated from all subsequent calculations;

\n

3.

\n

Party A has a right to increase the number of its candidates to be declared elected so that, in percentage terms, the same proportion used for Party B when electing its own members is also used for Party A;

\n

4.

\n

To establish that proportion, the Commission proceeds to determine the average number of votes used by each of the parties to elect each of its candidates and it does so by dividing the total number of votes credited at first count to all the candidates of each party that has elected candidates, by the number of candidates d e c l a r e d e l e c t e d o n b e h a l f o f t h a t p a r t y, d i s r e g a r d i n g a n y remainders, so in this example:

\n
•Party A - 160,000/33 = 4,848
\n
•Party B - 140,000/32 = 4,375 GE N E R A L E L E C T I O N S 5.
\n

The Commission adopts the lowest number so obtained (4375) as the average votes per seat to be applied for determining the final number of elected candidates to be credited to Party A and arrives at the total number by dividing the total first count votes credited to all its candidates (160,000) by the resultant lowest average votes per seat (4375), which result will represent the total number of candidates that are to be elected by the Party A:

\n
•Party A - 160,000/4375 = 36.57 6.
\n

From the result so obtained, representing the total number of candidates that are to be declared elected for Party A (36.57), the Commission deducts the number of candidates of that Party already declared elected (33) and the result thereof (4.75) represents the additional number of members that are to be declared elected on behalf of Party A.

\n

7.

\n

The total number of seats credited to Party A (36.57 seats) plus the total number of seats credited to Party B (32 seats) gives a total of 68.57 seats and since the total number of seats according to the Constitution has to be odd the total number of seats becomes 69 which is the nearest odd number to the total seats (68.57 seats) and the last seat assigned to the Party with the highest remainder, which in this case is Party A (Party A = 36.57 seats, Party B = 32 seats).

\n

8.

\n

The final result would therefore be: Party A 37 seats and Party B 32 for a House of Representatives with 69 seats.

\n

Example C - when three (or more) parties elect members Party A is credited with 150,000 valid first count votes and elects 29 members Party B is credited with 140,000 valid first count votes and elects 35 members Party C is credited with 5,000 valid first count votes and elects 1 member 1.

\n

Once all counts have been terminated in terms of these regulations and all 65 members have been declared elected, the Electoral Commission establishes that Party A has more than 50% of all valid first count votes (150,000 versus 140,000) BUT has a minority of elected members (29 versus 36 of Party B + Party C);

\n

2.

\n

Party A has a right to increase the number of its candidates to be declared elected and, in doing so, the same proportion of votes used to elect members is to be used for all parties;

\n

3.

\n

Since there are more than one minority parties, the Commission adds together the total first count votes of both minority parties (140,000 + 5,000 = 145,000) as well as the seats obtained by both of them (35 + 1 = 36) and considers them as one minority party.

\n

4.

\n

To establish the proportion provided for in subregulation 2, the Commission proceeds to determine the average number of votes used by each of the parties to elect each of its candidates and it does so by dividing the total number of votes credited at first count to all the candidates of each party that has elected candidates, by GENERAL ELECTIONS the number of candidates declared elected on behalf of that party, disregarding any remainders, so in this example:

\n
•Party A - 150,000/29 = 5172
\n
•Party B + C - 145,000/36 = 4027 5.
\n

The Commission adopts the lowest number so obtained (4027) as the average votes per seat to be applied to determine the final number of elected candidates to be credited to Party A and arrives at the total number by dividing the total first count votes credited to all the candidates of Party A (150,000) by the resultant lowest average votes per seat (4027), which result will represent the total number of candidates that are to be elected by the Party A:

\n
•Party A - 150,000/4027 = 37.2 6.
\n

From the result so obtained, representing the total number of candidates that are to be declared elected for Party A (37.2), the Commission deducts the number of candidates of Party A already declared elected (29) and the result thereof (8.2) represents the additional number of members that are to be declared elected on behalf of Party A.

\n

7.

\n

The total number of seats credited to Party A (37.2) seats plus the total number of seats credited to Party B (35) and those credited to Party C (1) gives a total of 73.2 seats and since the total number of seats has, according to the Constitution, to be odd the total number of seats is reduced to 73 which is the nearest odd number to the total seats (73.2 seats).

\n

8.

\n

The final result would therefore be: Party A 37 seats, Party B 35 and Party C 1 seat for a House of Representatives with 73 seats Example D - When three or more parties elect members and the party with an absolute majority of votes elects an absolute majority of members which is not proportionate to the share of the votes obtained by that party Party A is credited with 160,000 valid first count votes and elects 33 members Party B is credited with 140,000 valid first count votes and elects 31 members Party C is credited with 5,000 valid first count votes and elects 1 member 1.

\n

Once all counts have been terminated in terms of these regulations and all 65 members have been declared elected, the Electoral Commission establishes that Party A has more than 50% of all valid first count votes (160,000 versus 145,000);

\n

2.

\n

Party A has a right to increase the number of its candidates to be declared elected and, in doing so, the same proportion of votes used to elect members is to be used for all parties;

\n

3.

\n

Since there are more than one minority parties, the Commission adds together the total first count votes of both minority parties (140,000 + 5,000 = 145,000) as well as the seats GE N E R A L E L E C T I O N S obtained by both of them (31 + 1 = 32) and considers them as one minority party.

\n

4.

\n

To establish the proportion provided for in subregulation 2, the Commission proceeds to determine the average number of votes used by each of the parties to elect each of its candidates and it does so by dividing the total number of votes credited at first count to all the candidates of each party that has elected candidates, by the number of candidates declared elected on behalf of that party, disregarding any remainders, so in this example:

\n
•Party A - 160,000/33 = 4848
\n
•Party B + C - 145,000/32 = 4531 5.
\n

The Commission adopts the lowest number so obtained (4531) as the average votes per seat to be applied to determine the final number of elected candidates to be credited to Party A and arrives at the total number by dividing the total first count votes credited to all the candidates of Party A (160,000) by the resultant lowest average votes per seat (4531), which result will represent the total number of candidates that are to be elected by Party A:

\n
•Party A - 160,000/4531 = 35.31 6.
\n

From the result so obtained, representing the total number of candidates that are to be declared elected for Party A (35.3), the Commission deducts the number of candidates of Party A already declared elected (33) and the result thereof (2.3) represents the additional number of members that are to be declared elected on behalf of Party A.

\n

7.

\n

The total number of seats credited to Party A (35.31) seats plus the total number of seats credited to Party B (31) and those credited to Party C (1) gives a total of 67.31 seats and Constitution, to be odd the total number of seats is reduced to 67 which is the nearest odd number to the total seats (67.31seats).

\n

8.

\n

The final result would therefore be: Party A 35 seats, Party B 31 and Party C 1 seat for a House of Representatives with 67 seats 2.

\n

Example in terms of sub-paragraph (ii) of the first proviso to sub-article (1) of article 52 of the Constitution Example 1A above will apply but the votes of Party C at first count would be taken at 15,000 and it would still not elect any candidate.

\n

3.

\n

Example in terms of sub-paragraph (i) of the second proviso to sub-article (1) of article 52 of the Constitution Party A is credited with 150,000 valid first count votes and elects 35 members Party B is credited with 140,000 valid first count votes and elects 30 members Party C is credited with 5,000 valid first count votes and elects no members 1.

\n

Once all counts have been terminated in terms of these GENERAL ELECTIONS regulations and all 65 members have been declared elected, the Electoral Commission establishes that Party A has more than 50% of all valid first count votes (150,000 versus 145,000);

\n

2.

\n

Since Party C has not elected candidates, the first count votes credited to its candidates are eliminated from all consequent calculations;

\n

3.

\n

The Commission proceeds to establish whether Party B has a disproportionately lower share of seats by establishing the average number of votes used by each of the parties to elect each of its candidates and it does so by dividing the total number of votes credited at first count to all the candidates of each party that has elected candidates, by the number of candidates declared elected on behalf of that party, disregarding any remainders, so that in this example:

\n
•Party A - 150,000/35 = 4,285
\n
•Party B - 140,000/30 = 4,666 4.
\n

Party B has a right to increase the number of its candidates to be declared elected so that, in percentage terms, the same proportion is used for Party B when electing its own members as is also used for Party A;

\n

5.

\n

The Commission adopts the lowest number so obtained (4285) as the average votes per seat to be applied for determining the final number of elected candidates to be credited to Party B and arrives at the total number by dividing the total first count votes credited to all its candidates (140,000) by the resultant lowest average votes per seat (4285), which result will represent the total number of candidates that are to be elected by the Party A:

\n
•Party A - 140,000/4285 = 32.6 6.
\n

From the result so obtained, representing the total number of candidates that are to be declared elected for Party B (32.6), the Commission deducts the number of its candidates already declared elected (30) and the result thereof (2.6) represents the additional number of members that are to be declared elected on behalf of Party B.

\n

7.

\n

The total number of seats credited to Party A (35) seats plus the total number of seats credited to Party B (32.6) gives a total of 67.6 seats and since the total number of seats has, according to the Constitution, to be odd the total number of seats is reduced to 67 which is the nearest odd number to the total seats (67.6).

\n

8.

\n

The final result would therefore be: Party A 35 seats and Party B 32 for a House of Representatives with 67 seats.

\n
4.Example in terms of sub-paragraph (ii) of the second proviso to sub-article (1) of article 52 of the Constitution Example 3 above will apply but the votes of Party C at first count would be taken at 15,000 and it would still not elect any candidate.
\n

24.

\n

For the purpose of electing the additional members, if any, required in terms of article 52A of the Constitution, the Commission shall:

\n

Additional members in terms of article 52A of the Constitution.

\n

GE N E R A L E L E C T I O N S (a) establish the number of members elected to the House by sex and determine the under- represented sex as the sex with the lowest number of members elected to the House; (b) establish the percentage of seats attained by the under-represented sex based on the number of elected members of the under-represented sex elected to the House as a proportion of the number of elected members to the House by dividing the number of elected members of the under-represented sex with the number of elected members multiplied by hundred; and (c) in the event that the percentage of the underrepresented sex is below forty percent (40%), the Commission shall assign up to a maximum of twelve (12) additional seats by applying the following equation:

\n

A = total number of seats attained by the underrepresented sex;

\n

B = total number of members elected to the House; = additional seats created in terms of article 52A of the Constitution;

\n

0.40 = the denominator that represents the total number of seats, including the additional seats created in terms of article 52A of the Constitution.

\n

Subject to the provisions of article 52(1) of the Constitution, the number of additional seats resulting from the application of the equation shall be rounded down to the nearest even integer to ensure that the additional seats allocated to the under-represented sex in terms of article 52A of the Constitution shall be an even integer and the elected members of the under-represented sex elected to the House shall not exceed forty percent (40%).

\n

GENERAL ELECTIONS Annex to the Thirteenth Schedule

\n

Art. 52A of the Constitution

\n

Regulation 23A of the General Elections (Sorting of Ballot Papers, Casual Elections, and Co-Opting) Regulations 1991 Examples for calculating additional seats in terms of article 52A of the Constitution Examples in terms of sub-article (1) of article 52A of the Constitution Example A The total number of seats attained by the under-represented sex is nine (9) from a total of sixty-seven (67) seats in the House.

\n

The proportion of seats assigned to the under-represented sex is thirteen point forty-three per cent (13.43%). This percentage is below the forty per cent (40%) threshold and so the provisions of article 52A of the Constitution shall apply.

\n

To establish the number of additional seats to be assigned to the under-represented sex, the Commission shall apply the following equation:

\n

9 + x = 0.40 (67 + x) 9 + x = 26.8 + 0.40x x – 0.4x = 26.8 – 9 0.6x = 17.8 x = 29.67 The figure of 29.67 shall be rounded down to the nearest even integer 28, to ensure that the total number of seats does not exceed forty per cent (40%). However, given that the maximum number of additional seats which can be assigned is 12, the 28 are to be reduced to 12.

\n

GE N E R A L E L E C T I O N S Example B The Total number of seats attained by the under-represented sex is twenty-three (23) from a total of sixty-nine (69) seats in the House.

\n

The proportion of seats assigned to the under-represented sex is thirty-three point thirty-three per cent (33.33%). This percentage is below the 40% threshold and so the provisions of article 52A of the Constitution shall apply.

\n

To establish the number of additional seats to be assigned to the under-represented sex, the Commission shall apply the following equation:

\n

23 + x = 0.40 (69+x) 23 + x = 27.6 + 0.40x x – 0.4x = 27.6 – 23 0.6x = 4.6 x = 7.67.

\n

The figure of 7.67 shall be rounded down to the nearest even integer, hence adjusted to six (6) additional seats.

\n

SCHEDULE Declaration of Result of Poll Name of Electoral Division Election of Members of the House of Representatives for the above Electoral Division in the year We the undersigned, being the Electoral Commissioners at the poll for the election of Members of the House of Representatives for the said Electoral Division held on the day of ................. of the year ................., do hereby give notice that the result of the Poll and of the transfer of votes is as follows:

\n

Number of valid votes ...........................................................

\n

Number of members to be elected ..........................................

\n

Quota (number of votes sufficient to secure election of a candidate) ...........................................

\n

GENERAL ELECTIONS And we do hereby declare the said ....................... duly elected Members of the House of Representatives for the said Electoral Division.

\n

Dated this ............day of ....................of the year.......... ...............................................

\n

Electoral Commissioners EXAMPLE OF THE METHOD OF COUNTING THE BALLOT PAPERS AT AN ELECTION CONDUCTED ON THE PROPORTIONAL REPRESENTATION SYSTEM OF THE SINGLE TRANSFERABLE VOTE (See Part I of Regulations) Let it be assumed that there are six members to be elected and that there are eleven candidates, A, B, C, D, E, F, G, H, I, K, L.

\n

FIRST COUNT The ballot papers having been mixed and examined, the invalid papers being excluded, and the valid papers sorted into separate parcels under the names of the candidates marked with the figure 1, each separate parcel is counted, and each candidate is credited with a number of votes equal to the number of the papers on which a first preference has been recorded for him.

\n

Substituted by:

\n

L.N. 178 of 1996.

\n

GE N E R A L E L E C T I O N S The results of the count may be supposed to be as follows:

\n

B ...............................................................................

\n

F ................................................................................

\n

H ...............................................................................

\n

C ...............................................................................

\n

L ...............................................................................

\n

G ...............................................................................

\n

I ................................................................................

\n

D ...............................................................................

\n

A ...............................................................................

\n

E ...............................................................................

\n

K ...............................................................................

\n

Votes - Total ................

\n

THE QUOTA It is found that the total of all the valid ballot papers is 348. This total is divided by seven (i.e. the number which exceeds by one the

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