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Maltese Laws |
GENERAL ELECTIONS ACT
To make provision for the qualification of voters, the constitution of Electoral Divisions, the method of registration of voters and the Election and Co-option of Members of Parliament.
27th September, 1991
ACT XXI of 1991 as amended by Acts XXIV of 1995 and XV of 1996; Legal Notice 178 of
1996; Acts VI of 2001, XVI of 2002 and XXI of 2007; Legal Notice 425 of 2007; and Act VII of
2009.
ARRANGEMENT OF ACT
Articles
PART I. General Provisions 1-6
PART II. Electoral Commission and Office 7-14
PART III. Voters 15-16
PART IV. Electoral Divisions and Method of Election 17-18
PART V. Registrations of Voters 19-29
PART VI. Publication of Electoral Register 30-35
PART VII. Appeals Revising Officer 36-43
PART VIII. Notices, Voting Documents and Ballot Papers 44-50
PART IX. Nomination of Candidates 51-55
PART X. Assistant Commissioners 56-59
PART XI. Voting 60-79
PART XII. Voting in Retirement Homes 80-84
PART XIII Counting of Votes 85-94
PART XIV. Ballot Paper Account Reconciliation 95-104
PART XV. Sorting of Votes, Casual Elections and Co-options 105
PART XVI. Publication of Results 106-109
PART XVII. Penal Provisions 110-116
PART XVIII. Saving and Repeal 117-118
PART XIX. Saving as to Right of Political Parties 119
FIRST SCHEDULE Form of Oath of Office to be taken by the Electoral
Commissioners
SECOND SCHEDULE Form of Application for Registration as a Voter
THIRD SCHEDULE Form of Corrections or Transfers
FOURTH SCHEDULE Form of Application for the Correction of Designation or
Address
FIFTH SCHEDULE Form of Application by Female Electors for the Correction of Surname and Address in Consequence of Marriage
SIXTH SCHEDULE Form of Writ to the Electoral Commissioners by the
President of Malta
SEVENTH SCHEDULE Form of Voting Document
EIGHTH SCHEDULE Form of Ballot Paper
NINTH SCHEDULE Form of Nomination Paper
TENTH SCHEDULE Form of Oath to be taken by Assistant Electoral
Commissioners
ELEVENTH SCHEDULE Form of Oath which an Assistant Commissioner may administer to a Voter
TWELFTH SCHEDULE Return of Election Expenses
THIRTEENTH SCHEDULE The General Elections (Sorting of Ballot Papers, Casual
Elections and Co-options) Regulations, 1991
FOURTEENTH SCHEDULE Articles 42 to 62 of the Electoral (Polling) Ordinance (Cap.
102)
FIFTEENTH SCHEDULE Form of Oath which an Assistant Electoral Commissioner may administer to a voter
PART I
General Provisions
"ballot box" mea ns a box wherein voters are obliged to place their marked ballot papers;
"Commission" shall mean the Electoral Commission established by article 60 of the Constitution;
"House" means the House of Representatives established by the
Constitution;
"identity card" means a document which is an identity card for the purposes of the Identity Card Act;
"official mark" means the stamp which the Commission and the political parties direct the Assistant Commissioner as respectively
no m inated by each of them, to use on the ballot pape r prior to giving such ballot paper to the voter and may be of such form
as each of them may determine provided that it may not in any way constitute any form of propaganda and the marks of the political
parties shall not be necessary for the validity of the ballot paper. Politi cal parties opt ing to use official marks shall deposit
an imprint of the stamp to be so used at least one hour before the start of the poll;
"political party" shall, for the purposes only of articles 10 and
14, mean any person or group of persons who having contested the
general election under one name is represented in the House by, at least, one member or was so represented when the House was last
dissolved, and in all other cases "political party" shall mean any person or group of persons contesting the election as
one group bearing the same name;
"polling booth" means the room wherein voters attend on the day of the poll to receive and mark a ballot paper and insert
the same in a ballot box;
"polling place" means the school, building or other complex or structure wherein one or more polling booths are situated
and shall, saving the provisions of article 66, include the grounds, if any, of such complex or structure;
"vot ing co m p art m ent " means such part o f a poll i ng boot h wherein voters are to mark their ballot papers, and which
is to be furnished with an adequate writing surface and instrum ents for such purpose;
"voting document"' means the voting document which is to be forwarded to voters in terms of article 46.
(2) Whenever by this Act a penalty is attached to the performance of any act "before, during or after",
an election, no account shall be taken of anything done earlier than -
Short title.
Interpretation. Amended by: XV. 1996.2; XVI. 2002.2.
Cap. 258.
(a) in the case of any election held in consequence of a dissolution of Parliament under article 76(1) of the Constitution,
the issue of the Proclamation dissolving the House;
(b) in the case of any election held in consequence of a dissolution of Parliament under article 76(2) of the Constitution
of Malta, three months before the date of such dissolution.
Power to make regulations. Amended by: XV. 1996.3;
VI. 2001.21.
Cap. 12.
Appropriation of moneys required for the purposes of this Act.
(2) The Minister responsible for justice may by regulations under this subarticle establish the fees payable in the registries
of the Courts of Magistrates (Malt a) and the Court of Magistrates (Gozo) in connection with the filing of appeals and applications
to Revising Officers under this Act:
Provided that until such fees are so established by the Minister , the fees contained i n Sch e dule A to the Cod e of Organization
and Civil Procedure shall apply.
(3) The board established under article 29 of the Code of Organization and Civil Procedure may make rules, not inconsistent
wit h t h is Act, g overni ng ap peals and ap pli c ati ons to Revisi ng Officers.
(2) A statement of the expenses so paid shall, so soon as practicable, be laid on the Table of the House.
Extension of periods of time. Amended by: XV. 1996.4.
Delivery of applications or communications to the Commission regarding the registration or transfer of votes. Amended by:
XV. 1996.5.
(2) Every Local Council secretary and every police officer to whom an application as is referred to in subarticle (1) hereof is
deli vered shal l giv e a rece ipt t o t h e person del i v e ri ng th e application , write on the app licatio n the d a te on which
the application is received and shall forward the application forthwith to the Commission.
(3) The Commission shall give or forward to each applicant a receipt in respect of each such application received by it.
(4) Any notice or other written communication which may be made by the Commission under this Act may be forwarded through the post
and shall be deemed to have been received by the person to w hom it was add r essed on th e d a y on wh ich a let t er regu larl
y posted would in the normal course of postage have been received:
Provided that any notice or written communication sent by the Commission to any person regarding his rights as a voter shall be sent
by registered post.
(5) It shall be the duty of the Electoral Commission to ensure that an adequate supply of forms is available at all times at Local
Council offices and at police stations.
PART II
Electoral Commission and Office
(2) The Commission shall be composed of the Chief Electoral Commissioner as c h a i rman and e i ght m e mbers a s Electoral Commissioners.
(3) The Electoral Commission shall be a body corporate having a d ist in ct l ega l perso nal it y an d shal l b e c apab le ,
su bj ect t o th e provi sion s of t his Act, of ent eri ng in to cont ract s, of acq uirin g, holding and disposing of any kind
of property for the purposes of its functions, of suing and being sued, and of doing all such things and enter i ng in to all such
tran sactions as are incidental or conducive to the exercise of its functions under this Act.
(4) The legal representation of the Commission shall vest in the Chief Electoral Commissioner or in such other member or such
other m e m b ers of the Co mm issi on, as th e Com m ission may establish by resolution, which resolution shall not come into force
before it is published in the Gazette.
Electoral Commission. Amended by: XV. 1996.6; XVI. 2002.3.
Oaths to be taken by Commissioners.
Powers of commissioners.
this Act.
(2) In the execution of their duties under this Act, the Com m i ssion ers sh al l have th e powers conferred by law o n the Courts of Magistrates for the purpose of enforcing order at their sittings and ensuring the respect due to them.
Party Delegates.
Amended by:
XV. 1996.7;
XVI. 2002.4.
(2) Party delegates shall represent the political party nominating them with the Commission and shall have the
right in general to be informed in writing at least once a month of all sittings of the Commission and decisions taken thereat.
(3) The party delegates shall notwithstanding the provisions of any other law, have full and free right of access to the Electoral
Office, to all records kept therein, to be given copies thereof in written or electro-magnetic format, and to check, verify and
obtain any i n f o r m at io n reg a rd in g th e work of the Electoral Of fice; provided that the Commission shall have the right
to nominate an official of th e Comm ission to accompany such delegates at all times.
(4) The party delegates shall continue in office until removed by the political party nominating them.
(5) Party delegates shall have the right to seek and obtain from the Commissioners as well as from any other official connected
with the running, supervising or security of the elections or of any aspect thereof, information showing whether or not such persons
are taking adequate measures to comply with the provisions of the law in the forthcoming elections, and the Commissioners or such
other persons shall, notwithstanding any other law or regulation, be bound to furnish such information immediately.
(6) Notwithstanding any provision in this Act granting party d e legat e s and pol iti cal p a rt ies th e righ t t o seek and
obt ain information or their right to be given copies of documents and lists by the Commission or by Government departments, such
right shall not include the right of access to medical records or to adoption records of voters or to photographs of persons holding
an identity card and the right to be made aware prior to the day of the poll of security features relating to ballot papers, voting
documents and the of ficial m a rk used by the Comm i s sion on ballot papers. The information, documents or lists shall be given
to the party delegates orally or in written, printed or electronic format as the delegates may require and the Commission is technically
able to provide. Where the information, documents or lists are of a confidential nature the party delegates shall have the same
obligations as to secrecy as the person from whom such information, documents or lists are obtained.
(2) The Electoral Office shall be staffed by persons in the pu blic service and whilst serving i n the Electoral Office
such persons shall only be responsible to the Commission in matters concerning the preparation for and the running of general elections.
(3) The Commission is to ensure that there is full observance of procedures of control and secu rity, esp e cially with regards
to acce ss of termina l s, the introd uc tion, use a n d proc essing of information and in the printing of documents of identification.
The Commission is also to ensure that the Electoral Register database in cludes only th e details of th ose pers on s elig ible to
vo te. The parties are further to have the right, prior to the carrying out of any electro-magnetic process during the electoral
process, to demand the holding of a dummy run in order to ascertain the validity of the said electro-magnetic process.
Establishment of Electoral Office. Amended by:
XV. 1996.8.
(2) Any one of the Commissioners and any other officer authorised by the Commission on their behalf, may administer an oath to any person whenever they shall deem the taking of an oath to be necessary for the purpose of making enquiries according to this Act.
Oath to be taken by staff of Electoral Office and power
to administer oath.
(2) Revising Officers may hold sittings in any court or in any Local Council of fi ce for the pu rpose of deali ng w ith an y ap
plication or appeal regardin g the regi str a tion, tr an sf er , correction, or cancellation of any voter.
(3) All such applications or appeals to a Revising Officer shall b e si gned b y th e app lican t o r by an y p e rson on behal
f of an d authorised by the applicant or appellant or by an advocate or legal procurator and shall be fi led in the Regi st ry o
f th e Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be.
(4) The Revising Officer shall appoint a day for the hearing of t h e appl icat ion or ap peal and sh al l d i re ct th at a c
opy of the application or appeal together with the day fixed for the hearing shall be served on the applicant or appellant, on the
Commission and on any other person whom such application or appeal concerns.
(5) Service shall be effected by registered post. Where any of t h e persons to be serv ed wit h t h e ap plication or app e al
b y registered post is not found, the Revising Officer shall direct that
Appointment of Revising Officers. Amended by:
XV. 1996.9.
the person shall be served by an officer of the court. Where the person i s not found by such officer of the court, the Revising Officer
shall, on the report of the officer of the court direct that the application or appeal be posted on the notice board of the police
station and the Local Council office of the locality in which the person concerned resi des and to be published twice in all local
daily newspapers and where necessary, shall appoint another day for the hearing.
(6) Service on all the persons concerned shall be effected at least three days befor e t h e day fi xed fo r th e hearin g o f
th e application or appeal.
(7) If the applicant or appellant shall fail to appear on the day appointed for the hearing and is not represented by an advocate
or legal procurator or other person, the application or appeal shall be considered as abandoned.
(8) In the case of an application for the removal of the name of a person from the Electoral Register, if such person shall fail
to appear on the day appointed for the hearing and is not represented by an advocate or legal procurator or other person, the application
may be decided in default.
(9) In the case of an application or appeal based on the grounds of mental infirmity the Revising Officer shall, notwithstanding
the absence of the applicant or appe llant or of an advocate, legal procurator or other person representing him, refer the application
or appeal to the Medical Board for determination.
(10) In determining the application the Revising Officer shall state the reasons for his decision and the applicant or appellant,
the Commission or the voter concerned shall have the right to appeal to the Court of Appeal on any point of law by means of an application
filed wi thi n seven day s of the deli very of t h e deci sion by the Revising Officer.
(11) No fee shall be charged in the Registry on any application or appeal, for the service thereof, for any other proceedi ng in
consequence thereof or for any decision thereon.
Appointment of
Medical Board.
14. (1) There shall be a Medical Board to whom shall be referred questions as to whether a person who has applied to be registered
as a voter or is already registered is disqualified from being so registered in terms of paragraph (a) of article 58 of the Constitution.
(2) The Medical Board shall consist of a doctor appointed by the C o mmission, who sh all ac t as chairperson, and a doc t or
appointed by each of the political parties. The Medical Board shall be deemed to be validly constituted once the chairperson or any
one of the members is appointed.
PART III
Voters
(2) No person shall vote at the election of Members of the Ho use i n an y di vi si on o t h e r t h an a di vi si on
i n wh i c h h e i s registered as a voter.
(3) Any person who contravenes the provisions of subarticle (2) shall be guilty of an offence and shall on conviction be liable
to the penalties established for offences against article 112.
PART IV
Electoral Divisions and Method of Election
Qualification of voters.
Right to vote at elections. Amended by: XV. 1996.10.
(2) Subject to the provisions of article 52(1) of the Constitution the House shall consist of sixt y-five members, each electoral
division returning five members.
(3) The boundaries of the electoral divisions referred to in subarticle (1) shall be those established in accordance with
article
61 of the Constitution.
(4) Any change in the number of electoral divisions, or in the boundaries thereof, or in the number of Members of the House shall
have effect as provided in article 61(2) and (3) and article 66(6) of the Constitution:
Provided that, where an alteration to the boundaries of the electoral divisions has been published under article 61(3)(d) of the Consti tut i on, n o th ing in thi s su bart icle sh all b e con s t r ued as p r eventing the publicat ion of a revised
electo ral register or preventing any other requirement under this Act connected with the registration of voters being carried out
in accordance with such alt erat ion, b efore the dissol ution of Parliam ent upon whi ch t he alteration comes into effect.
Electoral Divisions and number of Members of Parliament.
Method of
Election.
PART V
Registration of Voters
Enquiries by Commission. Amended by: XV. 1996.11.
(2) The Electoral Commission shall ensure that adequate staff are deployed for the specifi c purpose of v e rify ing v o ter qualifications and registration and shall carry out such verification bo th wi th t h e voter and o t her p e rsons who may provi de the necessary information as well as with any government departments which may have relevant information.
Duty of Government officers to give information. Amended by: XXIV. 1995.362; XV. 1996.12.
(2) The Commissioner of Police shall assist the Commission by causing enquiries to be made , info rmation to be collected, and
cl ai ms to be checked an d i n su ch ot her mann er as may b e necessary.
(3) The public officer or officers responsible for the Public Registries of Malta and Gozo shall, within the first five
days of each month, forward to the Commission a list containing the name, surname, identity card number, if any, and other particulars
of each person whose death has been registered during the preceding month as well as a list containing similar particulars of all
persons who have contracte d marriage in the preceding month and a list containing similar particulars of all persons who have reached,
the age of eighteen years in the preceding month.
(4) The Registrar of Courts in Malta and the Registrar of the Courts of Gozo or other persons having such function shall, each
with regard to the courts to which he is attached, within the first five days of each month, forward to the Commiss ion a list containing
the name, surname, identity card number, if any, and ot her part icu l ars of each p e r s on w h o h a s been in terd ict e d f
o r reasons of mental incapacity by a competent court as well as a list cont aini ng similar p a rticulars of all p e rsons who h
a ve been sentenced by any Court in M alta to imprisonme nt (by whatever name ca lled) for a term exce eding t w el ve mo nt hs or
t o such a sentence of i m priso n ment t h e execut ion of which has been suspended.
(5) Any public officer or other person responsible for any prison in Ma lta s h all within the first five days of each
month forward to the Commission a list containing the name, surname, identity card number, if any, and other particulars of any
person who has been released from prison in the preceding month.
(6) The public officer or other person responsible for the office responsible for the grant or withdrawal of citizenship shall
within the first five days of each month, forward to the Commission a list containing the name, surname, identity card number, if
any, and other particulars of any person who has been granted citizenship or whose citizenship has been withdrawn in the preceding
month.
(7) The Commission shall forward to the party delegates a copy of such lists within five days of the receipt thereof.
(2) The Commission shall refuse an application, by a person to be registered as a voter and the Commission shall not, on its own
initiative in accordance with subarticle (1), register a person as a voter only if such person:
(a) has lost any of the qualifications necessary to be registered as a voter in accordance with article 57 of the Constitution;
or
(b) has become disqualified for being so registered for any of the reasons mentioned in article 58 of the Constitution.
Application for registration.
Provided that if it is proved to the satisfaction of the Commission that any person is not registered in the division and under the address at which he ordinarily resides, the Commission shall not have the right to cancel the registration of such person but shall apply the provisions of article 23.
Method of registration.
Provided that such correction or transfer shall be made by the Com m i s si on whet her or n o t any su ch ap pli cati on has been made, either on its own initiative or following the application by any other registered voter, hereinafter referred to as the applicant, if it i s satisfi ed th at such correction or transfer is ju st ifi ed and provided that it shall first communicate its decision in writing to the person to whom it relates and to the applicant, if any, either of whom shall have the right to appeal to a Revising Officer.
Transfers and corrections.
Cancellation of registration.
Decision by Commission on application for registration, transfer, correction or cancellation.
registered as a voter and whose name appears on the Electoral Register is not qualified to be registered as a voter, the Commission shall, subject to the provisions of article 26, cancel the registration of such voter and expunge his name from the Electoral Register.
(2) The Commission shall effect the necessary changes in the Register in accordance with its decision and shall inform the voter concerned and the applicant of his right to appeal to a Revising Officer.
Requirement of information by commission. Amended by: XV. 1996.13; XVI. 2002.5.
Provided that in the case of a person’s total failure to answer the aforesaid notice within the aforesaid period of time,
the Commission shall not proceed to cancel his registration or expunge such person’s name from the Electoral Register before it
shall have served upon such person a further notice in writing to provide such info rmati on, pr oof o r evidence to th e satisfact
ion of th e Commission within a period of ten days from such further notice. Copies o f notices made pu rsuant to this article shall
also b e delivered to the party delegates.
(2) Any written communication which the Commission requires to be made to it under this article may either be delivered
at the Electoral Office or forwarded to the Commission free of any charge for posting.
(3) The further notice referred to in the proviso to subarticle (1) shall be served by a police officer or by any other person
appointed for the purpose by the Commission and such notice shall be deemed to have been served by delivery of the notice to the
person to whom it is addressed, or to a person who is or reasonably appears to be not under fourteen years of age and who is either
a member of the family or household or in its service, at the address of the voter as shown in the Electoral Register.
(4) Where the Commission decides to expunge the name of a voter f r om the Elector a l Register, i t shall info rm the voter accordingly
by means of a letter addressed to him and shall copy such letter to the party delegates.
27. (1) The Commission may not refuse an application by a person to be registered as a voter, or cancel the registration of a voter,
or expunge his name from the Electoral Register in terms of article 58(a) of the Constitution before it obtains the decision of the Medical Board established in terms of article 14 or unless such person
has been interdicted for mental incapacity by a competent court.
(2) The decision of the Medical Board shall be final and binding on the Commission and the voter and no appeal shall lie
therefrom.
(3) Decisions of the Medical Board that a voter is of unsound mind shall be taken by unanimous vote and shall be communicated in
writing to the Commission who shall thereupon inform the voter.
(4) Every public officer shall be in duty bound to provide the Board with any information it may require regarding the health of
the person whose entitlement to be registered or to continue to be registered as a voter is being considered.
(5) The Medical Board shall regulate its own procedure.
Refusal or cancellation due to mental incapacity.
PART VI
Publication of Electoral Register
Information regarding new registrations, etc. Amended by:
XV. 1996.14.
Rights of party delegates to information. Amended by: XV. 1996.15.
(2) The Electoral Register shall be compiled in accordance with the provisions of this Act.
(3) The Electoral Register shall be compiled in such manner that the public may be aware of the persons who are registered as voters,
and in such manner to enable the identification of every voter and gi ving every vo ter the oppo rtu n it y to obj ect t o th e
inclusion of any other voter in accordance with the provisions of
Electoral Register.
this Act.
Compilation of Electoral Register. Amended by:
XV. 1996.16.
Cap. 363.
(2) The Electoral Register shall, in each article be drawn up in alphabetical order according to the name of each street and voters
shall be shown in alphabetical order of surnames under the name of the street where they are registered and against the name of each
voter his ordinary place of residence and identity card number shall be shown.
(3) The Electoral Register may also include against the name of each voter any other particulars which may be considered necessary
for the proper identification of each voter.
(4) Any printing error in any particular so shown shall not of itself affect a person’s entitlement to vote.
Contents of
Electoral Register.
(2) The Electoral Register shall not include any person who is not entit led to be reg i st ered as a voter in accord ance with th e preced ing p r ovisions of this Act, on t h e d a y m e ntio ned in th e following article.
Publication of Electoral Register. Amended by:
XV. 1996.17.
(2) The Electoral Register shall be published in two distinct formats. The first format shall be divided into as many parts as
there are localities whilst the second format shall be divided into as many parts as there are divisions.
For all the purposes of this Act the Electoral Register published in the first format shall be considered to be the Electoral
Regi st er requi red by th is Act an d chang e s relati ve to th e registration of voters in the said register appearing in the
said first format shall also be made and published by the Commission in the register published in the second format.
(3) Each format of the Electoral Register shall indicate the total number of voters registered in each locality or division as
the case may be subdivided by street, part of locality or locality as the case may be, as well as the total number of voters for
each locality and di visi on, as the case may be, th at have been added, deleted, transferred from one locality or division, as the
case may be, to
another and shall indicate by a distinguishing mark the names of all voters who have been registered for the first time or who have
been added to the register after their registration had been previously cancelled by the Commission. Such information shall be given
in s u ch format as the Commis si on ma y d eem m a kes i t m o st comprehensible to the public.
(4) Where the Commission in exercise of its powers under article 31(1), subdivides any locality it shall show such information
for each part of that locality so subdivided.
(5) The provisions of this article shall be and remain inoperative from the date of any dissolution of the House
until the conclusion of the following general election.
(6) Notwithstanding the provisions of the last preceding su bart icle, wh ere, prior to any dissolu tio n of t h e
Ho use of Representatives -
(a) any alteration to the boundaries of the electoral divisions has been approved by the House under the provisions of
article 61 of the Constitution; and
(b) such alteration has not been shown in a revised electoral register under subarticle (1),
the Commission shall cause to be published in the Gazette, as soon as possible after the dissolution and in any case not later than
three working days after the publication of the election Writ in the Gazette, a revised Electoral Register, the
revision of which consisting in the name included in the Electoral Register last published being shown in accordance
with such alteration.
(7) The Commission shall in addition publish the Electoral
Register in electro-magnetic format.
Provided that nothing in this article shall entitle any person to vote who has ceased to have the necessary qualifications to vote or relieve such person from any penalties to which he may be liable for so voting. Nor shall anything in this article entitle any person to vote unless he satisfies the requirements of this Act.
Additions, cancellations and corrections by Revising Officer.
Voters at election to be those in last Electoral Register.
PART VII
Appeals to Revising Officer
Appeals in case of forced correction or transfer. Amended by:
XV. 1996.18.
Appeals in case of refusal of application. Amended by:
XV. 1996.19.
Appeals in the case of cancellation of registration. Amended by:
XV. 1996.20; XVI. 2002.6.
(2) Such appeal may be filed at any time up to fifteen days before the date fixed for the election, and any such appeal shall be allowed if the applican t had, on t h e d a y i n which he filed the appeal, all the qualifications to be registered as a voter.
Appeals following publication of Electoral Register.
(2) A Revising Officer may order the inclusion of a person’s name in the Electoral Register or the correction of the designation, ad dress o r o t her part iculars in ac cordance with suba rticle (1), notwithstanding that no prior application may have been made to the Commission for such purpose.
Appeals by third person following publication of Electoral Register. Amended by:
XV. 1996.21.
(2) A Revising Officer may order the cancellation of the reg i stration of such voter or the correction of th e
d esignatio n,
address or other partic ulars in accorda n c e with s u barticle (1), notwithstanding no prior application may have been made to the
Commission for such purpose.
(2) Where the application is for the cancellation of the registratio n of a v o ter on the grou nds of ment al infirmit
y, the Revi sin g Officer shall f o r t hw it h refer such appli cation to t h e Medical Board referred to in article 27.
(3) The provisions of subarticle (1) shall mutatis mutandis apply to proceedings before the Medical Board as they apply to proceedings before a Revising Officer.
(4) The decision of the Medical Board shall be signed by all the members of the Medical Board and its Chairman shall refer it to
the Revising Officer who shall determine the appeal in accordance with such decision.
Hearing of appeals.
Amended by:
XV. 1996.22.
42. Revising Officers and the Court of Appeal shall adjourn sine die the consideration of all ap plicatio ns filed under the provisions of this Act and still pending fourteen days before the date fixed for the election.
PART VIII
Notices, Voting Documents and Ballot Papers
Adjournment of pending appeals. Amended by:
XV. 1996.23.
Certificates to be forwarded to Commission. Amended by:
XV. 1996.24.
(2) The Commissioners shall cause the Writ to be published in the Gazette.
Election Writ.
(a) the place where, and date and time when, the Commissioners will be in attendance to receive nominations of candidates for election as Members of
Notice to be published by Commissioners. Amended by:
XV. 1996.25.
the House, and any objections to such nominations, such place being referred to in this Act as the Electoral Office. The
time during which nominations of candidates for election may be made shall not be less than three days and shall not commence
to run before six days from the date of the publication of the notice referred to in this article, and the time during which objections
to such nominations may be made shall not extend beyond two days from the expiration of the time fixed for the receipt of
nominations;
(b) the places where, and the days and hours when voting shall be held. Voting shall not take place before the expiration of
three days from the date of the publication of the notice referred to in article 54(3);
(c) the place to which the ballot boxes shall be taken by the Assistant Commissioners after the close of voting, which shall also
be the place where such boxes shall be kept until the counting of the votes;
(d) the place where, the date and time when the ballot boxes shall be opened and the counting of votes shall take place.
Voting Document.
Amended by:
XV. 1996.26.
Provided that wherever the Commission is satisfied that a person whose name appears on the Electoral Register is dead, the relative
voting document shall not be forwarded, and where such vo tin g docu m ent has b e en fo rward e d t h e Comm issio n sh all withdraw
it:
Provided further that the Commission shall not forward a voting document to any voter in respect of whom the Commission does not possess
a photograph, and in respect of such voters the Commission shall follow the following procedure:
(i) within three days of the publication of the writ, the Commission shall publish in the Gazette a list of the said voters
stating their name, surname, place of residence and identity card number;
(ii) the names of such voters shall not be published in the list mentioned in subarticle (5);
(iii) the voting document of such voters shall only be issued if the voter satisfies the requirements of article 47 and shall be
in accordance with the provisions of that article.
(2) The political parties shall be granted all reasonable facilities to watch the printing of all voting documents,
to check the exac tnes s there o f a n d generally to ensure t h at on ly v o tin g documents of voters entitled to receive them
are printed. The Commissi on shall also prin t on the votin g document such reasonable security code as requested by the political
parties and as the Commission may think fit, provided that the political parties shall deliver such security code to the Commission
immediately prior to the start of printing of the voting documents or not later than such time, not being prior to twenty-four hours
prior to such printing, that the Commission may establish because of technical necessity; the delegates shall be given the facility
to verify the exactness thereof even by means of a dummy run of the process and by means of an audit trail that establishes the validity
of the system at any stage of the process and to be given a copy of the audit trail.
(3) The voting documents printed in accordance with the previous subarticle of this article shall, until such time as they
are forwarded to voters, be kept in boxes sealed with the seal of the Commission. The party delegates shall have the right to affix
their own seals to such boxes and to be present whenever such seals are broken. This article shall mutatis mutandis also apply with regard to the voting documents which remain undistributed, in terms of subarticle (4), when voting documents
are issued in terms of
subar t icle (6), and to the voting d o cument s which remain undistributed.
(4) The voting document shall be served on each voter by a police officer or by any other person appointed for the purpose by the
Commission, and such document shall be deemed to have been served by delivery to the person to whom it is addressed, or to an adult
person, who either resides at the same address or is in his employment, at the address of the voter as shown in the Electoral Register.
The political parties shall have the right to each nominate one representative to accompany each police officer or other person effecting
service as aforesaid.
(5) When the Commissioners are unable to effect service of the document aforesaid they shall as soon as possible, and in no case
later than fifteen days from the time established in subarticle (1), publish in the Gazette a list containing the names, identity
card number and addresses of the persons on whom the voting document has not been served, and shall state the reason why service
has not been effected.
(6) Any person on whom the voting document has not been served and whose name appears in the list published in accordance with
the preceding subarticle, may up to the Thursday immediately preceding the day of the voting, appear personally before one of the
Commissioners or other person appointed by the Commission to act on behal f o f the Com m i s si oners and claim d e liv ery of th
e document.
(7) The Commissioner or other person appointed by the Commission to act on behalf of the Commissioners may examine
on oath any person so appearing for the purpose of ascertaining his
identity and of establishing his claim to receive the document:
Provided that the document aforesaid shall not be delivered to him unless he produces his identity card to the Commissioners.
(8) The Commission shall publish the place and times when vo ters may take deliv ery of their vot ing do cuments i n term s of
subarticle (6). The Commission may designate any place for the col l ect io n o f un d e li ver e d vo t i n g do cu ment s pr ov
id ed t h at t h e Commission shall allow a sufficient period for the collection of doc u ments from ea ch loca lity and a f u rt
her period of t i me f o r collection from its office.
(9) Notwithstanding anything contained in subarticles (6), (7) and (8), where the Commission is aware that any person whose name
appears on the list mentioned in subarticle (5) is registered in a retirement home, or is in a hospital, or suffers from a disability
or is bed-ridden or is otherwise physically unable to appear at one of the places designated by the Commission in terms of subarticle
(8) to claim delivery of his voting document, it shall be the duty of the Commi ssi on t o effect serv ice of such document o n t
h e person con c er ned eit h er th ro ug h on e of t h e Co mmi ssio n ers or b y an y person appointed for the purpose by the Commission
in their stead. The Commissioner or person appointed as aforesaid may examine such person on oath for the purpose of establishing
his identity and of establishing the claim to receive the document. The document aforesaid shall not be delivered to such person
unless he produces hi s id enti ty card to t h e Comm issio n er or perso n ap po in ted as aforesaid, as the case may be.
(10) If for any reason whatsoever other than any of the reasons mentioned in article 47, the Commission decides that it is necessary
to reprint any voting document or documents it shall immediately inform the political parties accordingly giving them all relative
inform ation thereto. Any documents so reprinted shall bear the mark ‘REPRINT’ which mark shall not in any way obscure any of
the information contained in the document.
(11) The political parties shall be given the faculty to supervise the process mentioned in the preceding subarticles.
Special Voting Document. Amended by: XV. 1996.27.
(a) he proves his identity by the production of his identity card; and
(b) makes a declaration on oath before any such Commissioner that he has not received the voting document or
that, after the receipt of such document, he has lost or destroyed it, and such further declarations on oath as
the Commissioner may require,
he shall be given a voting document which shall bear the mark "SPECIAL" which mark shall not in any way obscure any of
the information contained in the document. The word "SPECIAL" shall also be entered against the name of such voter in the
list mentioned in article 64(1) and a list of all the persons to whom a voting document is issued under this
subarticle shall be kept at the Electoral Office and shall be open to inspection by any candidate, election agent, party agent
or party delegate at all reasonable times until the poll closes.
(2) Any political party shall have the right to nominate r e p r esen tativ es to be p r esen t d u ri ng th e issui n g of th e vot in g docu m ents in terms of article 46( 6) and article 47 and for this purpose the said parties shall be provided by the Commission with all such information as is required by them and as they may deem necessary for the better performance of their duties.
Number of Voting Documents. Amended by:
XV. 1996.28.
Provided that any objection raised by any political party representative shall be decided by the Commission within twenty four hours
of it being raised and should the objection be accepted by the Commission any alteration or amendment to the material shall be made
wi thin twenty-four hours of the decision of the Commissio n an d co m m u n icated to t h e p o litical part y representatives.
(2) The Commission shall ensure that ballot papers are made of such security paper and carry such markings as to ensure that they
Ballot Paper. Amended by: XV. 1996.29; XVI. 2002.7; XXI. 2007.7.
m ay not be dupli cated and not lat er than two days prior to the commencement of the voting, the Commission shall cause to be published
in the Government Gazette the number of ballot papers printed for each electoral division and the number to be distributed to each
individual polling booth.
(3) The ballot-paper of each voter shall consist of a paper in the form set out in the Eighth Schedule of this Act, containing
a list of can di dat e s describ e d by th e n a me (incl u d i ng an y nick nam e ), address and profession or occupation as given
in their respective nomination paper and as approved by the Electoral Commissioners.
(4) Candidates shall be arranged by political party and, within each party group alphabetically in the order of their surname.
If th er e ar e tw o or more cand id ates of on e part y wi th th e sam e surname, they will be arranged in or de r of their othe
r nam e or names.
(5) Every political party contesting the election shall provide the Commission with the names of the candidates contesting the
election in its own interest. Such list shall be conclusive evidence as to whether a particular candidate belongs to that political
party.
(6) If supplied by the party to which he belongs, there shall be printed on the ballot paper im mediately after the name of each
candidate belonging to that party any badge or device, approved by the Electoral Commission, indicating the political party, if any,
to which the candidate belongs, or otherwise calculated to assist the identification of the candidate by the voter.
(7) Ballot-papers shall show different colours for parties contesti ng all electoral divisions and having not less than
four candidates in each division. Such colours shall be assigned by the Electoral Commission:
Provided that any party may decline the colour so assigned to it, and in any such case the ballo t paper shall no t show any special
colour for that party.
(8) Parties will be placed on the ballot paper in alphabetical order.
Distribution of ballot papers.
(2) The Electoral Commission shall retain possession of all packets until the day of the poll when it shall deliver the
same to the Assistant Commissioners prior to the start of voting.
(3) Representatives of the political parties shall be granted all reasonable facilitie s to oversee the printing and checking
of all b al l ot papers, t h e pack ing thereof an d t h eir distribu tion to the Assistant Com missioners, and to affix their seals
to all packets prepared by the Electoral Commission for delivery to the Assistant Commissioners.
PART IX
Nomination of Candidates
(2) Immediately after a nomination paper has been delivered to the Commission the name of the candidate shall be posted at the
entrance of the Electoral Office with an indication of the division for which the candidate was nominated. Delivery of the nomination
paper to the Com m ission and acceptance of delivery b y the Co mmission sh all n o t of itself indicate the validity of the nom
in atio n and the Com m i ssio n sha ll not m a ke any statem ent thereon other than inform the candidate accordingly and to take
delivery of the form and deposit, if any, and give due receipt.
(3) Objections may be made to a nomination on the ground that t h e candi date is not regi stered as a v o ter i n the l a st
pu bli s hed El ector a l Regi st er or that the descript ion of the candi date is insufficient to identify the candidate, that the
nomination paper does not comply with, or was not delivered in accordance with the provisions of this Act, that the deposit prescribed
by article 52 has not been paid or that the candidate already stands nominated for two electoral divisions:
Provided that no such objection may be made after the expiration of the time fixed for the making of such objection in the
notice, referred to in article 45.
(4) Every objection shall be in writing and signed by the o b j ect or an d sh al l sp ecif y th e gr ou nd of t h e
ob j e ct i o n . The Commission itself shall raise an objection if it believes that any of the grounds mentioned in subarticle (3)
exist.
(5) For the purpose of this article, any voter may ask the Commissioners to be allowed to see and examine any nomination
paper accepted by them.
(6) On receipt of any objection in terms of subarticles (3) and ( 4 ) , th e Com m is sio n sh al l fi x a date for the hearing
of the objection, shall immediately in fo rm in wr it in g t h e can d i d a te objected to, giving him a copy of the objection
filed against him, and shall inform both the objector as well as the candidate of the day appointed for the hearing of the objection.
Service shall be effe cted by any mea ns which t h e C om m i ssi on de em s p r op er to ensure receipt by the parties concerned
of the said notices in the least possible time.
Nomination of Candidates. Amended by: XV. 1996.30; XVI. 2002.8.
(7) All objections shall be determined by the Commission not later than two days after the expiration of the time allowed for the
making of objections by this Act and both the objector as well as the candidate shall have the right to appear before the Commission
accompanied by any other person they may think fit to assist them in their representations to the Commission.
(8) The Commission shall at least two days before delivering its decision publicly announce the time and date when its decision
shall be delivered. The decision shall be delivered in writing and shall contain the grounds upon which it is based. The Commission
shall cause such decision to be posted up in a public place at its office where any person interested may view it:
(9) Where the decision of the Commission does not uphold the o b jec tio n, i t sh all be fi nal . Where t h e deci si on up ho
lds the ob jecti o n t h e can di date may co nt est th e deci sion b y fi li ng an application in contestation with the Commission
before the Court of Appeal within twenty four hours of the delivery of the decision by the C o mmis s ion. The C o urt of Appe al
shall he ar such applications with urgency and shall determine the same before the time when in terms of article 49 the Commission
is to start printing the ballot papers.
Deposit by candidates at elections. Amended by:
L.N. 425 of 2007.
(2) If after the deposit is made the candidature is withdrawn in pursuance of the prov isions of this Act, the deposit shall be
returned to the person by whom it was made; and if the candidate dies after the deposit is made and before the voting has
commenced, the deposit, if made by him, shall be returned to his heirs and if not made by him, shall be returned to the person by
whom it was made.
(3) If a candidate who has made the required deposit is not elected, and the number of votes polled by him does not exceed one-tenth
of the number of votes polled divided by the number of members to be elected for that division, the amount deposited shall be forfeited
and paid by the Commissioners into the Consolidated Fund bu t in any othe r case the am ount shall be returned to the candidate,
where the candidate is elected, as soon as he has taken the oath as a member, and where the candidate is not elected, as soon as
practicable after the result of the election is declared.
(4) Where a candidate is nominated at an election in two divisions he shall not recover his deposit more than once unless
he is elected in both divisions, and if such candidate fails to obtain, in ei th er d i vi sio n , the min i mu m nu mber of vo tes
r e q u i r ed in accordance with subarticle (3) he shall forfeit both deposits.
(5) For the purpose of this article the number of votes polled by a candidate shall be the highest number of votes credited to
him at
any time during the counting of the votes.
(2) If the number of candidates nominated for an electoral division be less than t h at whi ch the vo ters in that di
vision are entitled to return, the President on the return made to him in terms of subarticle (1), shall issue a new Writ for the
election of members to fill the remaining vacant seats in that electoral division, and if t h ereu pon no cand idates ar e n o min
a t e d, or i f th e number o f candidates nominated is less than the number of vacant seats, the seats thereafter remaining vacant
may be filled by the co-option of a member or members by the House and the President shall not issue a new Writ in respect thereof.
(3) If more than such number of candidates as aforesaid be nominated for an electoral division, the Commissioners shall cause
a notice to be published in the Gazette over their signature stating the names of the candidates and the division for which they
have been nominated. No person whose name has not been published in the said notice may be elected to be a Member of the House.
Report by Commissioners if no candidates are nominated. Amended by:
XV. 1996.31.
Uncontested and contested elections.
49, withdraw his candidature by giving notice to the Commission to that effect. Such notice shall be signed by the candidate or if
he is absent from these Islands, by his duly appointed representative.
PART X
Assistant Commissioners
Withdrawal of candidature. Amended by: XV. 1996.32.
the manner herein prescribed. No Assistant Commissioner shall be appointed to superintend the poll in the electoral division in which
he resi des or where he habi tu ally exercises h i s profession or calling.
(2) The Assistant Commissioners shall take the oath of office as set ou t in t h e Te n t h Sch e du le t o th i s Act , befo re
on e of t h e Commissioners and shall follow the instructions which they may
Appointment of Assistant Commissioners.
receive from the Electoral Commission for the discharge of their duties.
Nomination of Assistant Commissioners. Amended by:
XV. 1996.33; XVI. 2002.9.
(2) In submitting such lists the political parties may distinguish bet w een tho s e person s w hom they wish t o see app o inted
to a polling place or a particular polling booth and those persons whom they wish to be held in reserve and shall moreover have the
right to indicate who of the persons nominated by them should be assigned to polling places in retirement homes and hospitals. The
political parties may, if they so prefer, submit such lists in electro-magnetic format. Notwithstanding the nomination by a political
party each person so nominated shall still file any application required by the Commission from any other person wishing to serve
as Assistant Commissioner; provided that the actual filing of such application may be made by the political party on behalf of such
person.
(3) For the purpose of the time established in subarticle (1), the Commission shall not later than two days after the publication
of the W r it in form the parties of the number of Assistant Commissioners that each party will be required to nominate.
(4) The Commission shall moreover itself nominate as Assistant Commissioners such number of persons as is necessary
in order that in each of the polling booths there be in attendance at all times at least one person nominated by the Commission to
act as Assistant Commissioner.
(5) In no case shall there be less than three Assistant Commissioners nominated to superintend the poll in each
polling booth and should all or any of the political parties fail to nominate all or any Assistant Commissioners in terms of and
within the time established in subarticle (1), the Commission shall itself nominate other Assistant Commissioners in order to ensure
that, at least, three Assistant Commissioners are in attendance in each polling booth.
(6) The Assistant Commissioner nominated by the Commission shall act as Chairperson at the polling booth to which each group of
Assistant Commissioners are assigned and during voting only the Chairperson shall, when required, communicate with the voters.
(7) The Commission shall, at least five days prior to the start of the poll, forward to each Assistant Commissioner or to the party
on their behalf a tag to be worn by them in the polling place indicating their office as Assistant Commissioners and their names.
(2) Within two days following the day mentioned in article
57(1) the Commission shall deliver to the political parties a list of
all persons nominated to act as Assistant Commissioners indicating their names, identity card numbers, addresses, occupation and the
political party nominating each person as well as the polling booth
at which each will be in attendance.
Disqualifications and publication of names of Assistant Commissioners. Amended by:
XV. 1996.34; XVI. 2002.10.
(2) Where an objection is received by the Commission in terms of the preceding subarticle of this article, it shall, not later
than the next following day, call a meeting of the party delegates to discuss such objections. Each party delegate may nominate a
representative to attend at such meeting in his stead.
(3) Any objection made in accordance with the preceding subarticles shall be deter m ined by the Commission. The determination
by the Commission shall be final and binding on all concerned. Where after hearing such objections the Commission det e rmi n es
t h at a p e rson n o m i nat e d by a p o l i t i ca l part y to b e appointed as an Assistant Commissioner shall not be so appointed,
the political party which had nominated that person shall have the right to nominate another person in his stead.
(4) The fresh nominations mentioned in the preceding subarticle of this art i cle shall be made imm e d i ately after
the d e termin at io n o f al l t h e o b jecti ons. The ti mes ment ion e d i n subarticles (1) and (2) shal l ap ply to o b jections
to persons nominated as Assistant Commissioners in terms of subarticle (3), and if any objection is received and upheld by the Commission,
the Com mi ssi on itsel f sh all appo int ano ther person to be Assistant Commissioner in his stead and such appointment shall be
final and no objection may be made in respect thereof.
(5) Upon final determination of all objections the Commission shall assign the Assistant Commissioners to the various polling
booths; such distribution shall be made in such manner as to ensure tha t in each polling booth ther e is, at least, one Assis t
ant Commissioner nominated by the Commission and one Assistant Commissioner nominated by each party contesting the election in that
division:
Provided that where a political party has not nominated a suf f icient num ber of persons to be appointed Assistant
Objections to Assistant Commissioners. Amended by:
XV. 1996.35; XVI. 2002.11.
Commissioners, the Commission shall only be required to assign, in respect of that political party, such Assistant Commissioners as
have been nominated by it and appointed Assistant Commissioners.
(6) The Commission shall, within two days of the final determination referred to in the preceding subarticle, cause a
list to be published in the Gazette showing the name, address, identity card number and occu pat i on of each Assistan t Commission
er appointed, the polling booths to which each has been assigned, and indicating the Assistant Commissioners who are assigned but
held in reserve.
(7) After the final distribution of all Assistant Commissioners and up to the end of voting, the Commission alone shall have the
right to substitute Assistant Commissioners and then only for grave and sufficient reasons and in such manner as to ensure that where
th e Assistant Com m issioner substitut ed is one nom inated by a political party, his substitute shall be a person nominated by
the s a m e pa rt y , p r ov i d ed a s u f f ic i e n t nu m b e r of A s s i st an t Commissioners have been nominated by
that party.
PART XI
Voting
Appointment of Candidate’s Agent.
Amended by: XV. 1996.36.
(2) A candidate may name himself as candidate’s agent, and thereupon shall, so far as circumstances admit, be subject to the
provisions of this Act, both as a candidate and as an candidate’s agent, and any reference in this Act to an candidate’s agent
shall be co nstru e d to refer to the candi date act i ng in his capacity of candidate’s agent.
(3) One candidate’s agent only shall be appointed for each candidate, but the appo intment, whether the candida te’s
agent appointed be the candidate himself or not, may be revoked, and in the event of such revocation or of the death of the candida
te’s agent, whether such event is before, during, or after the election, then forthwith another candidate’s agent shall be appointed,
and his name and address declared in writing to the Commissioners, who shall forthwith give public notice of the same.
Appointment of party agents. Amended by: XV. 1996.37; XVI. 2002.12.
(2) The party agents so nominated shall have the right to be present in the polling booths prior to the start and at the close
of the poll for the purposes provided for in this Act.
(3) Political parties exercising the right granted to them by subarticle (1) shall forward a list to the Commission containing
the names and identity card numbers of the persons nominated by them as its agents not later than the day appointed for the nomination
of Assistant Commissioners in terms of article 57.
(4) Any political party which has exercised its right to nominate agents, may up to the Thursday before the poll,
substitute not m o re tha n t e n per cen tu m th ere o f and the procedures for nom in ati on, o b j ectio n a nd decisi on
reg a rd ing A s si stant Com m issio n ers nom i n ated by political par t i e s shall mutatis mutandis apply to substitute agents.
(2) The district agents shall represent the party nominating them wit h th e Com m i s sio n in th e district to which they
are ap poi nt ed and fo r t h i s pu rp os e shall ha ve acc ess to the Comm issioners at all tim es and shall have
t h e right, notwithstanding any other provision of this Act to the contrary, to accompa ny any Commissioner into any polling
place or polling booth for the purpose of determ ining any matter that may arise during voting:
Provided that a district agent may not so accompany a Commissio ner u n less a district ag ent of another party is also present.
(3) Unless exceptionally authorised to do so by any Com m i ssi oner, in no case m a y a district agent interrogate
any person lawfully entrusted by the Commission to carry out any duty during the elections or to seek information from them nor may
they without such authorisation interrogate any voter.
(4) Political parties exercising the right granted to them by subarticle (1) shall forward a list to the Commission containing
the names and identity card numbers of the persons nominated by them as district agents not later than the day appointed for the
nomination of Assistant Commissioners in terms of article 57.
District agents.
Added by:
XV. 1996.38.
Amended by:
XVI. 2002.13.
Persons guilty of corrupt practices not to be appointed agents.
Amended by: XV. 1996.39; XVI. 2002.14.
Identification of agents.
Amended by: XV. 1996.40;
XVI. 2002.15.
election, transport and party ag ents and shall be worn in a conspicuous manner by the agent concerned in the exercise of his functions.
(2) The Commission shall forward to each political party which asks for them in writing the lists of all agents submitted by all
the other political parties as well as all candidates’ agents submitted by the candidates and by whom they have been nominated
within two days of the receip t t h er eof an d t h e pol itical p a rt ies may mak e objections thereto within four days thereof.
Polling places and polling days. Amended by:
XV. 1996.41; XVI. 2002.16.
64.(1) (a) In each polling booth a list of voters entitled to vote in that poll i ng b ooth t oget h er with copi es of th e photograph
of each voter shall be kept by the Assistant Commissioners. Every page of such list and every correction or cancellation thereon
shall be signed by a Commissioner and a party delegate of each political party or by such other person appointed by each political
party in writing for the purpose.
(b) Copies of such lists without photographs shall be forwarded by the Commission to all political parties contesting the
election at least fifteen days prior to the day fixed for voting and the Commission shall keep the political parties informed of
all changes effected to such lists. The lists shall identify the polling booth where each voter entitled to vote shall
exercise his right to vote, shall list the voters who are to vote in each polling booth in alphabetical order according to the
surnames of the voters, assigning to each voter a distinct and consecutive number and indicating the name, surname, address
and identity card number of each voter as well as the registered number of the respective voting document of each voter.
(c) The Commission shall also forward to political parties receiving such lists any alteration, addition or deletion to or from such
lists on a daily basis up to the day immediately preceding the poll and such political parties may check the correctness of
the information held or received by them with the Commission at any time.
(d) The name of every voter who delivers a valid voting document and to whom a ballot paper is delivered by the Assistant Commissioners
shall be marked on such list kept for the purpose by the Assistant Commissioners and in such manner as is directed
by the Commission.
(e) the list, given to Assistant Commissioner, of persons entitled to vote, shall be printed on security paper.
(2) Voting shall be held on a Saturday. Voting shall start at 7.00 a.m. and shall close at 10.00 p.m.:
Provided that every voter, who at the close of time of voting is present in a poll i ng place for the p u rpose of voting shall
be
entitled to receive a ballot paper and to vote:
Provided further that, where the Commission are satisfied that the time allowed for voting has been, or will be, for any reason beyond
their control, reduced at all or in any one or more of the places, they may, whether before or after the poll has commenced, extend
the time fixed for the poll at such polling place or places so as to make good for the time lost, as aforesaid.
(3) The Commission shall, as far as possible, provide facilities so that handicapped persons, including persons in wheelchairs,
may vote in comfort.
(2) The Commission shall request the political parties to furnish it with a suf f icient number of photo g raphs, each not
exceeding seventeen centimetres by twenty three centimetres, of its candidates in order that the Commission may affix one photograph
of each candidate in each polling booth of the electoral division in which the candidate is contesting. Each photograph shall have
the name of the candidate and the name and badge of the party he is representing, if any, and photographs shall be displayed in the
order that the candi dates’ names appear on the ball ot paper. The Commission shall give such directions as it may deem appropriate
regarding the size and format of such photographs.
(3) The Commission shall ensure that in each voting co mpar tmen t a copy of the I n struct ions to Vo ters set
ou t in Schedule 8B to this Act are affixed in a place clearly visible to the voter and that writing instruments are available for
use by voters.
(4) The Commission shall direct the Assistant Commissioners to ensure that they place the ballot boxes as near as possible to
Prohibition of public meetings and demonstrations.
Maintenance of order within 50 metres of each polling place.
Maintenance of order outside 50 metres from polling place.
Provisions with regard to polling booths and voting compartments. Substituted by:
XV. 1996.42. Amended by: XVI. 2002.17.
where they will be sitting and in such manner as they may clearly see the voter introducing the ballot paper into it and to ensure
that the vot er folds the ballot paper in such manner as to leave the official mark visible.
(5) The Commission shall prepare a room or rooms in each polling place wherein to store until the polling day the ballot boxes,
the list of persons entitled to vote, ballot papers and other relevant documents and materials to be used in that polling place on
polling day. The room shall have adequate lighting facilities and shall allow the visual checking of the inside through a small opening
in the door.
(6) The political parties shall be afforded all facilities to inspect all polling places well in advance of polling day
and to make suggestions to the Commission on the use thereof.
(7) The ballot boxes shall be of such size and shall be manufactured of such material as the Commission shall determine
provided that the Commission shall ensure that it is suitable to be seal ed d u r i n g v o t i n g an d may no t be t a m p ered
wi th w i t hou t detection. The top of the ballot box is to be made of translucent material, in as far as this is technically possible.
Ballot boxes and documents for polling booths. Added by:
XV. 1996.42.
(2) The political parties shall have the right to oversee such transportation, to affix their seals to the room and all the openings thereto and to visually check the room through the door opening at all times.
Transfer of ballot boxes to polling booths. Substituted by: XV. 1996.42.
(2) Prior to the start of polling the Assistant Commissioners, in the presence of any candidates or agents as may be present shall
open the ballot box consigned to them and ensure that it is empty prior to sealing it and opening the poll. If no candidate or agent
is present the Assistant Commissioners shall ask any person present in the polling place to enter th e polling booth an d witnes
s the sealing of the ballot boxes.
(3) After ascertaining that the ballot box is empty, if necessary by removing any extraneous material therein, the Chairperson
of the Assistant Commissioners shall proceed to seal the ballot box in the manner and with the seal provided to him by the Commission
ensuring that he does not seal the opening through which the ballot papers are to be inserted by voters.
(4) One agent or candidate for each of the politica1 parties present at such sealing may affix the party seal to the ballot
box.
(5) After the ballot box has been sealed the Chairperson of the Assistant Commissioners shall so attest on the form provided by
the Commission and shall ask all the persons present at the sealing to sign as witnesses whereupon all shall leave the room except
for the Assistant Commissioners and the poll shall start.
(6) In the event of any disagreement which cannot be resolved be tween those pres ent the C h airperson of the Assista n
t Commissione rs shall ask a Commissione r to give the necessary direction.
(2) No person shall be allowed to vote unless he produces and delivers the voting document to the Assistant Commissioners.
(3) No inquiry shall be permitted at the time of voting as to the right of any person to vote, so long as the name of such person
is included in the list referred to in article 64(1), but the Assistant Commissioners may, before the delivery of the ballot paper
to a voter, put to him such questions as they may deem proper to satisfy th em se lv es o f th e i d e n t i t y o f such voter.
All communications between the Assistant Commissioners and the voter whilst the latter is in the polling booth shall be made through
the Chairperson of the Assistant Commissioners.
(4) The Assistant Commissioners, upon the production and deli very to th em of t h e vo tin g docu m ent and h a vin g satisfied
themselves of the identity of the voter, shall strike out the name of th e voter from th e list aforesaid and shall deliver to him,
after marking it with official marks, a ballot paper. Only the official mark of the Commission shall be required for the validity
of the ballot paper.
(5) The Assistant Commissioners may at their discretion administer an oath to any voter in the form set out in the Eleventh
Schedule to this Act.
(6) Any person refusing to answer any questions put to him under subarticle (3) or to take the oath referred to in subarticle (5)
shall not be permitted to vote.
(7) The Assistant Commissioners shall not refuse a ballot paper to any pe rson whose nam e is in cluded in the list referred to
in article 64(1) and otherwise satisfies the requirements of this article, unless the person so claiming to vote, upon being questioned
under this article, appears to the Assistant Commissioners not to be the person whose name is on the aforesaid list or to have previously
voted at the same election.
Voting. Amended by: XV. 1996.43.
(8) The Assistant Commissioners shall keep a written record of the taking of any oath administered to any person under this article,
and of their refusal to allow any person to vote.
(9) Saving the provisions of article 77 no voter shall be allowed to vote except at the polling booth specified in the voting document
produced by him for purposes of voting.
(10) A voter, who has inadvertently spoilt his ballot-paper may, on delivering the spoilt ballot paper to the Assistant Commissioner,
and provin g the fact of inad vert ence t o the satisfactio n of th e Assistant Commissioner, obtain another ballot paper in its
place and the spoilt ballot paper shall be immediately cancelled.
Method of Voting. | 71. | (1) Each voter shall have one transferable vote. |
Amended by: XV. 1996.44. | (2) | A voter, in recording his vote: |
(a) must place on his ballot paper the figure 1 against the name of the candidate for whom he votes; and
(b) may in addition indicate the order of his choice or preference for as many other candidates as he pleases by placing
against their respective names the figure 2,
3, 4, 5 and 6 and so on in consecutive numerical order.
(3) A ballot paper shall be invalid in which:
(a) the figure 1 standing alone indicating a first preference for one candidate is not placed; or
(b) the figure 1 standing alone indicating a first preference is set against the name of more than one candidate; or
(c) the figure 1 standing alone indicating a first preference and some other number is set against the name of the same candidate;
or
(d) it cannot be determined with certainty for which candidate the first preference of the voter is expressed; or
(e) any writing or mark is made by which the voter can be identified; or
(f) the official mark of the Commission is not made.
(4) A voter shall record his vote secretly in the voting compartment. After marking the ballot paper the voter shall
fold the ballot paper so as to show the official mark while concealing his vote, show the official mark to the Chairperson of the
Assistant Commissioners, so that the Assistant Commissioners may verify the same, and shall then put the ballot paper in the ballot
box in the presence of the Assistant Commissioners.
Illiterate or incapacitated voters. Amended by: XV. 1996.45; XXI. 2007.7.
Provided that the voter may not ask for any particular
Assistant Commissioner to mark the ballot paper on his behalf:
Provided further that a person who is unable to vote i ndepen d en tly b y reason of bl i ndness may eith er request an Assistant
Comm issioner to mark th e ballot paper on hi s behalf indicating for which candidate or candidates he wishes to vote and th e orde
r in which he wishes to record his vote, or request the provision of a Braille templ ate as wel l as a playback listening device
as approved under the provisions of subarticle (1) of article
49.
(2) The Assistant Commissioners are bound to secrecy with regard to the voting of persons whom they have assisted to vote.
(3) There shall be not less than two Assistant Commissioners present when the vote is being recorded under the provisions of subarticle
(1), but no other person shall be allowed in the room.
(4) When an Assistant Commissioner is authorised to assist a voter to record his vote, the Assistant Commissioner shall require
such vo ter to confir m his declaration on oath using the format sh own in th e Fifteent h Sched u le annex e d t o t h is A c t,
and on satisfying himself of the correctness of such declaration he shall record the vote of such voter on the ballot paper, in accordance
with the indication made by such voter and following the procedure set down hereunder:
(a) The Assistant Commissioner shall ask the voter: "Which of the candidates do you most desire to see elected?"
and shall place the figure 1 on the ballot paper opposite the name of the candidate indicated by the voter.
(b) The Assistant Commissioner shall then ask the voter: "For which of the candidates do you desire to express a second choice?"
and shall place the figure 2 on the ballot paper opposite the name of the candidate indicated by the voter.
(c) The Assistant Commissioner shall repeat the operation in reference to a third or any subsequent preference until the voter shall
declare that he does not desire to express any further choice.
(d) In order to assist such voter in indicating his preferences, the Assistant Commissioners may refer the voter
to the photographs of the candidates displayed in the polling booth in accordance with article 68.
(e) At the commencement of these operations and at any subsequent stage the Assistant Commissioner shall, if desired by the voter,
read out in the order in which they appear on the ballot paper, the names of all candidates for whom a choice has
not already been expressed by the voter.
(f) If any such voter, however, shall request the Assistant
Commissioner to read out the names of the candidates
of one particular political party only, the Assistant Commissioner shall do so by reading in alphabetical order the names of
the candidates who have supplied an indication of their adhesion to that political party and omitting the names of the other candidates.
Assistant Commissioners not to see vote recorded.
Ballot paper not to be removed from polling place.
Assistant Commissioners not to make suggestions as to manner of voting.
No unauthorised person to enter polling place.
Mixed polling places. Substituted by: XV. 1996.46. Amended by: VII. 2009.2.
Voting before polling day.
(2) A mixed polling place is a polling place which contains a bal l ot b ox for each electo ral d i vision and where th e v o
ters mentioned in subarticle (4)(a) and (b) shall vote independently of the electoral division where they m a y be registered in the last published Electoral Register by casting
their vote in the ballot box appertaining to the electoral division where they are registered.
(3) The Commission shall only provide mixed polling places in the following localities:
(a) at the place where the counting of votes is to take place in terms of article 45;
(b) at Saint Vincent de Paule.
(3A) (a) Notwithstanding the other provisions of this Act or of any other law, every registered voter who is entitled to vote at a general
election, at an election of Members of the European Parliament or at a Local Council election and who is entitled to receive the
voting document and who declares on oath before the Electoral Commission or such other persons appointed by the Commission to act
instead of the Commissioners that he will not be in Malta on the day of the election, shall be entitled to cast his vote at the place
indicated in subarticle (3)(a) between 7.0 0 am an d 1 0 .00p m sev e n days befor e polling day.
(b) The sworn declaration referred to in paragraph (a):
(i) may be made, as of right, until noon of the Friday immediately preceeding 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 subarticle,
be applied mutatis mutandis to registered voters entitled to vote before polling day in accordance with paragraph (a):
Provided that any person who takes the oath as aforesaid and who did not receive his voting document, shall be given, by the Commission
or persons nominated by the Commission to act on behalf of the Commissioners, such document when such person takes such oath; or
in default, such document may be collected by such person himself from the place designated by the Commission for the purpose of
such person voting seven days prior to polling day; provided that such person produces his identity card to the representative of
the Commiss ion who is d e legated by the Commission for the purpose of delivering such document:
Provided further that a person who, after having made a sworn 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.
(4) (a) Notwithstanding any other provision of this Act, every person who sh all have b een selected to serve as an A s si st ant Electo
ral Co mmissi oner, includ ing tho s e selected to serve as reserves, shall cast their vote at the place indicated in subarticle
(3)(a), and shall do so the day preceding the polling day between 7.00 a.m. and
10.00 p.m.
(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), even if any one of such persons
shall have resigned his appointment after the publication of that list.
(c) All voters who seven days before polling day shall be resident, but not registered as voters, at Saint Vincent de Paule shall
vote at the place indicated in subarticle (3)(b), and it shall be the duty of the sub-committee set up under article 81, to determine who these voters shall be.
(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, politi cal p ar ties, agents and candid ates shall mut a tis mutan d is
apply.
(6) A copy of the list of persons entitled to vote in a mixed polling place shall be given by the Electoral Commission to the political
parties at least four days prior to polling day.
Closure of Voting.
Amended by:
XV. 1996.47;
XVI. 2002.18.
(2) For the purposes of the previous subarticle of this article the Assistant Commissioners shall physically count and reconcile
t h e n u m b er of un used an d spo ilt bal l ot pap e rs, th e nu mb er of persons marked as having voted on the list referred
to in subarticle (1) article 64 and the num ber of voting documents delivered to them.
(3) After the close of the poll and before the ballot boxes are removed from the polling booths, the Assistant Com missioners
shall affix a notice on the door of each polling booth and signed by a l l the Assistant Commissioners st ati ng th e nu mber of
v o ters entitled to vote at that polling booth, the number of ballot papers receiv ed b y them f r om th e Co mmissio n , the
n u mb er of vo ti ng documents delivered to them distinguishing as to whether they are ordinary or special, the number of spoilt
ballot papers and the nu mb er o f un used b a ll ot p a pers b e i n g retu rn ed by t h em to th e 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".
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
plac e specifie d in article 45( c ) and th e Comm issi on shall immediately thereon provide a copy to the party delegates.
(4) On completion of all the duties mentioned in the preceding subarticle 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).
(5) Party delegates, candidates, and party agents shall have the r i ght to at ten d at the reconciliatio n and sealin g of papers
and sealing of ballot boxes, mentioned in the preceding subarticles of this ar ticle, 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 subarticles of the article, be
granted facilities to watch and accompany the transportation of the ballot
b oxes from the poll i ng place up t o their del i very to the
Commission.
(6) (a) No more than one party agent from each political party may be present in each polling booth at any one time during the procedure
for the sealing of ballot boxes;
(b) The Assistant Commissioners shall ensure that candidates, party agents or party delegates as may be present shall
be called in prior to their starting the procedures outlined in the previous subarticles 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 subarticles 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, identity card numbers and, or, the particulars of the persons who have not voted;
(d) After all the procedures indicated in the previous subarticle of this subarticle 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 subarticle 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.
Assistant Commissioners responsible for the maintenance of order.
PART XII
Voting in Retirement Homes
Retirement Home. 80. For the purposes 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:
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.
Sub-committee for
Retirement Homes.
(2) The sub-committee shall have the duty to ensure that no undue pressure is brought to bear on voters in old age homes, that
proper and adequate facilities are given to all political parties to canvass such voters, that adequate arrangem ents for voting
are m a de in view of the special need s of such voters and that no political party enjoys any unfair advantage.
(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.
Duties of persons responsible for the administration of retirement homes.
(a) a list of all persons resident at such retirement home,
indicating the name, identity card 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;
(b) a list of all staff at the retirement home indicating the name, identity card number, address, grade and working hours
up to the day following the day fixed for voting.
(2) On receipt thereof the sub-committee shall immediately provide the political parties with copies of such lists.
(3) The administrator of every retirement home shall keep such lists updated and shall immediately send to the sub-committee any
amendments thereto a n d the s u b-committee s h a l l imme dia t e l y inform the political parties of such amendments.
(4) Members of the staff in retirement homes are expressly prohibited from engaging in propaganda for any political party
or cand i d a t e and an y em plo y ee con t raven i ng t h is ar ticl e shall be gu ilt y of a n offen ce and sh all , on co nv
ict i o n , be li abl e t o th e 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.
Cap. 446. Cap. 9.
(2) Voters in retirement homes 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 delivery of the voting documents to the voters and shall
inform in writing the party delegates of the option chosen by each voter.
(3) A medical consultant having in his care any voter resident at a hospi tal or retiremen t h o me may, by issuin g a medical
certificate to that effect, draw the attention of the Commission to any dangers inherent to the hea lth 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, or his
next of kin where applicable, to ignore the medical warning and decide to cast his vote.
(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
Voting at Retirement Homes. Amended by:
XV. 1996.48.
parties shall have the right to demand, and the Commission shall have the duty to ensure, that if the ordinary staff at such homes
is not suff icient for the purposes of this article other persons are transferred to such homes for such purpose.
(5) Voters opting to be assisted by members of the staff or by members o f their famil i es shall , notwit h st andi ng any oth
e r provision of this Ac t, be so accompa ni ed up to the door of the relative polling booth.
(6) (a) During the day fixed for the voting no person shall without the authority of the Commission be allowed to enter retirement
homes.
(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:
Provided that such relatives shall at all times wear proper identification tags issued to them by the Commission for
the purpose.
(7) Except with the special authorisation of the sub-committee, no voter in a retirement home 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.
Direction by Electoral Commission.
Amended by: XV. 1996.49.
PART XIII
Counting of ballot papers
Start of counting of ballot papers. Amended by:
XV. 1996.49, 50.
Tampering with ballot boxes. Amended by:
XV. 1996.49, 51; XVI. 2002.19.
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 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.
(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.
(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 Commiss ion shall ha ve the power to he ar such evidence under oath as it deems necessary.
(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.
(5) Any claim as is referred to in the previous subarticles of this article shall be m ade as soon as the ballot box or packet
is delivered by the Assistant Commissioners to the Commission and fo r this purpo se the Commissi on shall ensure that the part y
delegates, candid a tes or deliv ery agents are given adequate facili ties t o att e ntiv ely i n spect t h e bal l ot box es, do
cumen t s or packets.
(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 Com m is sion shall for this pu rpose open all packets containing voting documents relative to not more than ten
p e r cen t of all bal l o t bo xes i n or der to p hysi call y ch eck t h e accuracy of such returns.
(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.
(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 for t h e purpose of un dertaki ng th e Ball ot Paper
Acco unt Reconciliation process mentioned in the following Part of this Act.
(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 Ass i stant Commis sioners as well as the number of ballot papers
in each ballot box as resulting from the same account.
(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 p a pers and the votin g documen ts, i n separat e sealed packets
indicating on each packet the nature of the documents contained therein, and the electoral division to which they appertain.
(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.
Counters, supervisors and calculators. Amended by:
XV. 1996.49, 52; XVI. 2002.20.
(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.
(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.
(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 co unters, su perv isors and agents whil st i n th e precinct
s of the building where the counting of ballot papers is held.
(5) The calculators shall perform all mathematical calculations connected with the counting of ballot papers and the Commission
sh all ensure that the persons so chosen are proficient in mathematical calculations.
(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 a r e no le ss than two supervisors for each electoral div i si on and t h at the pol itical par ties are
adequately represented in the choice of persons to act as supervisors for each electoral division.
(7) Counters shall work under the direction of the supervisors; they shall physically sort and count the ballot papers. The Electoral
C o mmission shall ensure that th ere are a suff icient number of counters in every electoral division to ensure a quick and efficient
co un tin g p r ocess and th at th e po lit ical p a r ties are adequ a t e ly represented at all times during the counting of ballot
papers in the choice of persons to act as counters in each electoral division.
Commissioners may appoint persons to assist them in the counting of ballot papers.
Amended by: XV. 1996.49.
(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 t h is artic le, an oath for th e faithful discharge of the duties assigned to him.
(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".
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 n o m i n a ted so th at th e sai d po li ti cal p a
rt ies m a y 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.
The list of such agents shall, at least, seven days prior to the start o f th e p o ll, b e publi s h e d by the Co m m i s
sio n in the Government Gazette indicating the name, address and identity card number of each agent and the party nominating him.
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.
(3) The party delegates, candidates and counting agents shall 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.
Identity documents shall be printed on security paper and shall clearly di sting u ish b e twee n 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.
Candidates and Agents. Amended by:
XV. 1996.49, 53; XVI. 2002.21.
(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
Building where counting of ballot papers will take place.
Amended by:
XV. 1996.49, 54;
XVI. 2002.22.
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;
(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.
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.
(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 necessary provided that in no case shall it allow entry to
the public generally.
(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.
Broadcasting coverage. Amended by: XV. 1996.49.
Appointment of persons to ensure proper running of building, etc. Substituted by: XV. 1996.55.
Extraordinary circumstances.
Identification cards.
Representations to Commissioners. Amended by:
XV. 1996.56; XVI. 2002.23.
Direction of building. Amended by: XV.1996.49.
Ballot Paper Account Reconciliation
Reconciliation of ballot paper account. Substituted by: XV. 1996. 57. Amended by:
XVI. 2002.24.
Removal of ballot boxes from strong room.
(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.
Opening of each ballot box. Amended by:
XV. 1996.58.
Objections to opening of ballot box.
Checking of ballot paper account. Amended by:
XV. 1996.59.
When ballot papers do not tally with ballot paper account.
(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.
(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.
(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.
PART XV
Sorting of Votes, Casual Elections and Co-options
When ballot papers and ballot paper account tally. Amended by:
XV. 1996.60.
All ballot boxes to be opened.
Ballot papers belonging to other Electoral Divisions.
Number of votes cast.
(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.
(3) Regulations made in accordance with subarticle (1) shall no t co m e in to f o r ce un le ss a n d until the House so resolves
by resol u t i on . No ti ce of t h e approv al of such resolu ti on shal l b e published in the Gazette by the Clerk of the House.
(4) The regulations contained in the Thirteenth Schedule to this Act shall, until such time as regulations are made in accordance
with subarticles (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.
Sorting of ballot papers, casual elections and co- options.
Publication of results
Publication of result of election and of counting details.
(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.
(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.
(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 vot es cast, bo th on a nati onal level an d su bd ivi d ed
by pol li ng 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 the Ele c toral Commis sion may cons ider nece ss ary. Such 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.
(5) Within three months of the publication of the official result s of th e el ecti on th e Electio n Com mission shall
publish a repo rt exp l ai ni ng i n det a i l wh at st ep s w e re t a ke n by t h em to perform the various duties imposed on
them by this Act, to give all relevant statistics connected wi th the election including the publication of all statistics regarding
eligible voters, printing and d i stribu tio n o f v o ti ng docu m en ts and bal l ot pap e rs, vo ters per polling place, returns
submitted by Assistant Commissioners and the like, and to make such suggestions as they consider necessary.
Preservations of documents. Amended by:
XV. 1996.61; XVI. 2002.26.
(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 non- elected
candidate whose papers have not been transferred;
(d) all the non-transferable papers not retained in the
parcel of an elected candidate.
(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.
(3) The Commission shall further preserve for the same period for each electoral division a copy of the declaration of the result
of the co unt and of any docu m ent show ing the operatio ns of th e transfer of each surplus.
(4) Party delegates, candidates and counting agents shall have the right to affix their seals and signatures to such packets.
(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.
PART XVII
Penal Provisions
Power of court to order unsealing of packets.
Candidates returned in both divisions.
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 impris
onment for a term not ex ceeding one month or to a fine (multa) not exceeding two hundred and thirty-two euro and ninety- four cents (232.94) or to both such imprisonment and fine.
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).
Penalty for giving false information. Amended by:
XVI. 2002.27; L.N. 425 of 2007.
Penalty for misconduct in polling places, etc. Amended by:
XVI. 2002.28; L.N. 425 of 2007.
Penalty for offences in respect of nomination, etc. Amended by:
XV. 1996.62;
L.N. 425 of 2007.
(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
(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,
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.
(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.
Infringement of secrecy as to manner of voting. Amended by:
XVI. 2002.29; L.N. 425 of 2007.
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 cent s (465.87) or to imprisonment for a term not exceeding one
month or to both such fine and imprisonment.
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 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 is sued any statem ent 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.
(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.
Prohibition of activities capable of influencing
voters immediately before the election.
Amended by:
L.N. 425 of 2007.
(2) Any criminal proceedings for offences under this Act shall be br ought before the Courts of Magistrates and subj ect to the
following provisions of this article, the provisions of the Criminal Code shall apply to any such proceedings.
(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.
(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.
Competent courts.
Cap. 9. Cap. 446.
law f ul for any person, at any ti me in contempl ati on 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
plac e visible from a public pla ce an y w ord or sig n i n te nd ed or likely to influence voters in the exercise of the franchise.
(2) The provisions of subarticle (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;
Prohibition of display of posters, etc.
Amended by: XV. 1996.63;
L.N. 425 of 2007.
(c) is displayed on a duly authorised billboard; and
(d) is displayed on a duly authorised streamer.
(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 hundred and sixty-four euro and sixty-nine cents (1,164.69) or to i mp ri son me nt fo r a p
eri od o f no t m o re th an si x mo nt hs, an d in respect of any second or subsequent offence to both such fine and imprisonment.
(4) It shall be the duty of the Police to remove or otherwise cancel or delete anything displayed, written or m a de in contravention
of any of the provisions of subarticle (1).
PART XVIII
Saving and Repeal
Right of action before Constitutional Court.
Repeal. Cap. 249. Cap. 99. Cap. 102.
PART XIX
Saving as to Right of Political Parties
Non-exercise of certain rights.
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.)
* delete where necessary
SECOND SCHEDULE
(Article 21)
Form of Application for Registration as a Voter
To the Electoral Commission, Valletta, Malta
Surname ......................................... I.D. Card No ............................................ Name ...............................................................................................................
Place of birth .................................................................................................... Date of birth
..................................................................................................... Place of ordinary residence
............................................................................... Name of town or village ...................................................................................
Street and number of premises...........................................................................
.........................................................................................................................
......................................................................................................................... Name and
surname of applicant’s father ............................................................ His place of birth ...................................
His nationality*.................................
* (if applicant's father is dead, give his nationality at the time of his death)
Name and maiden surname of applicant’s mother .............................................. Her place of birth ................................
Her nationality **.................................
** (if applicant’s mother is dead, give her nationality at the time of her death)
I hereby apply to be registered as a voter for the .................... (1) electoral division in accordance with the General Elections
Act, to be registered as a voter for the election of Members of the House of Representatives.
Date ..........................
(1) Insert number of electoral division.
....................................................
Signature or mark of applicant
FOR OFFICIAL USE ONLY
Remarks
............/.........../.......... Vtd. .......................................... Chd..........................................
THIRD SCHEDULE
(Article 23)
Form of Corrections or Transfers
To the Electoral Commission:
I (1) ................................. I.D. Card No. ............................. formerly residing at (2)
............................. , do hereby give notice that I have transferred my residence to (3)
Date ....................................
............................................................
Signature or mark of applicant (4)
............................................................
Signature and I.D. of witness
Address of witness ................................................................................................... (1) Name
and surname (also nickname, if any)
(2) Former address as shown on Electoral Register
(3) Present address
(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 I.D. Card No. below applicant’s mark.
FOURTH SCHEDULE (Article 23)
Form of Application for the Correction of Designation or Address
To the Electoral Commissioner:
My name (and/or my address*) appearing in the Electoral Register under (1)
........................................................................................................................ has
been wrongly designated and I hereby apply that my name (and/or my address*) be corrected as follows (2) ............................................................................................
Date ................................................
...........................................................
(3) Signature or mark of applicant
......................................................
Signature and I.D. of witness
Address of witness ................................................................................................... (*) Cancel
the words which do not apply
(1) Locality, full address and I.D. Card Number as shown on the Electoral Register
(2) State correction desired to be made
(3) 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 I.D. Card No. below applicant’s mark.
FIFTH SCHEDULE
(Article 23)
Application by female electors for the correction of surname and address in consequence of marriage
To the Electoral Commission:
As (1) on the.........................I married (2) ........................I.D. Number............. I (3)
......................................I.D. Number ........................, formerly residing at (4)
............................................................ and registered as an elector under that add ress, do hereby ap ply th
at m y surnam e (and/ or add ress * ) be n ow show n as
follows (5) ...............................................................................................................
Date ...................
........................................................ (6) Signature or mark of applicant
........................................................
Signature and I.D. of witness
Address of witness ...............................................................................:...................
* Cancel the words which do not apply. (1) Date of marriage.
(2) Name, surname in full and I.D. Number of applicant’s husband.
(3) Maiden surname (also nickname, if any) and I.D. Number of applicant. (4) Address as shown on Electoral Register.
(5) Present address.
(6) Should applicant be unable to write, the person filling in the form is to affix his signature and furnish his full address and
I.D. Number below applicant’s mark.
SIXTH SCHEDULE
To,
(article 44)
Form of Writ to the Electoral Commissioners by the President of Malta
Electoral Commissioners appointed for conducting the election of Members of the
House of Representatives.
Whereas an election of Members of the House of Representatives is to be held for the electoral division;
You are hereby commiss ioned to cause an election of Members of the House of
Representatives to be held according to the law.
Given at the Palace, Valletta
this ........day ............ of ................... 19 ........ PRESIDENT
SEVENTH SCHEDULE
(article 46)
Form of Voting Document
EIGHTH SCHEDULE (Article 49)
Form of Ballot Paper
Substituted by: XV. 1996.64.
Substituted by: XV. 1996.64.
SCHEDULE EIGHT B
(Article 68(3))
DIRECTIONS FOR THE GUID ANCE OF THE VOTER IN VOTING
1. Vote by placing the figure 1 against the name of the candidate you most desire to see elected.
2. You are invited (and it is advisable) to place the figure 2 against the name of your second choice, the figure 3 against the
name of your third choice, and so on.
3. 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.
4. If you do not place the figure 1 on your ballot paper or if you place the figure 1 (indicating a first preference) and some
other figure against the sam e nam e, o r if yo u pl ace the figu re 1 against the name of more than one candidate, your ballot
paper will be invalid and will not be counted.
5. Do not vote with an X.
6. If you inadvertently spoil a ballot paper you may return it to the Assistant Commis sioner , who will , if sat i sfied
of such inadvertence, give you another ballot paper.
NINTH SCHEDULE
(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.
Date
Signature of candidate
(or of lawful representative as the case may be)
1. Number of division
2. Name, surname, address, and I.D. Card No. and occupation of person nominated
3. Name of political party
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.
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 .................................................. Signature ...................................................
I.D. Card No ..............................................
ELEVENTH SCHEDULE
I, (1)
(Article 70)
Form of oath which an Assistant Commissioner may administer to a voter
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 ................................................ Sworn/Affirmed before
me this ...........................day of ...........................
1. Name in full
Signature of Assistant Election
Commissioner
2. Address and I.D. Card Number of voter
TWELFTH SCHEDULE Amended by:
L.N. 425 of 2007.
(Article 118)
(Article 50, Cap. 102, vide Fourteenth Schedule)
Return of election expenses
1. 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, se curity, or equivalent of mo ney was received in respect of e x penses 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.
2. Under the head of expenditure there shall be shown:
a) the personal expenses of the candidate incurred or paid by him or his election agent;
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;
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;
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;
e) the cost whether paid or incurred, of:
i) printing;
ii) advertising;
iii) stationery;
iv) postage;
v) telegrams;
vi) rooms hired either for public meetings or as committee rooms;
f) any other miscellaneous expenses, whether paid or incurred.
Note:
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.
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.
3) All sums paid out, but for which no receipt is attached, are to be set out in detail with dates of payments.
4) All sums unpaid are to be set out in a separate list.
FORM OF DECLARATION BY AN ELECTION AGENT
I, ..........................., being election agent for...................................................... , a candidate for election
in the ................ ........... E l ectoral Divis i on, do hereby solemnly 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 i n curred in connection with or for the pur p oses of ............ ............... ................
............. candidature.
Election Agent
Sworn/Affirmed before me
Magistrate/Commissioner of Oaths
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.
Sworn/Affirmed before me
Magistrate/Commissioner of Oaths
Candidate
THIRTEENTH SCHEDULE
(Article 105)
The General Elections
(Sorting of Ballot Papers, Casual Elections and Co-opting) Regulations, 1991
PART I
Preliminary
Amended by: XV. 1996.65;
L.N. 178 of 1996; XXI. 2007.7.
(1) The expression "continuing candidate" means any candidate not elected and not excluded from the poll.
(2) The expression "first preference" means the figure "1" standing alone against the name of a candidate;
th e 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.
(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.
(4) The expression "transferable paper" means a ballot paper on wh i ch, fo ll o wi n g a first prefe re nc e, a seco
n d o r su b seq ue nt p r e f ere n ce is rec o rded in c onse c u tive numeric al ord e r for a continuing candidate.
(5) The expression "non-transferable paper" means a ballot paper on which no second or subsequent preference is recorded
for a continuing candidate:
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.
Citation.
Interpretation.
Amended by:
L.N. 178 of 1996.
(6) The expression "original vote" in regard to any candidate m eans a vo te d e ri ved from a ball ot pap e r o n whi c
h a fi rst preference is recorded for that candidate.
(7) The expression "transferred vote" in regard to any candidate means a vote derived from a ballot paper
on wh ich a second or subsequent preference is recorded for that candidate.
(8) The expression "surplus" means the number of votes by wh ich the to tal num ber of the vo tes, or iginal and transferr
e d, credited to any candidate, exceeds the quota.
(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.
PART II
Sorting of ballot papers.
Sorting of votes
Method of sorting. 4. The sorting of ballot papers indicated in the previous regulation shall be carried out in the following manner:
(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;
(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;
(3) the counters shall open each parcel with the ballot papers and ascertain whether each paper is valid or invalid;
(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 inv a l i d or if an y candid a t e or agent for t h e same reaso n so claims, the counter shall place such ballot paper in
a tray marked "dubious";
(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.
(2) When all the parcels on the rack have been counted the supervisor shall take the next topmost parcel of ballot papers from each pig e on hol e repeating th e sort ing process menti oned i n 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.
(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.
(3) The Electoral Commission, or any number of members t h ereo f n o t b e i ng less than t h ree, shall, aft e r heari
ng the representations of the party delegates, or their substitutes decide in respect of each paper, wh et her it is valid or invalid
and i f th ey decide that it is invalid they shall so stamp the paper on its face.
(4) The decision of the Electoral Commission in this regard shall be final and not subject to appeal.
(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.
(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.
(2) When counting the number of papers placed in the tray of each candi dat e, the supervisor shall direct that su ch papers be
bundled in packets of fifty pa pers e ach and tha t each pa cket is counted by at least two counters.
(3) The Electoral Commission may order that in the same electoral division the votes of more than one candidate shall
be co unted contem poraneously provi ded that t h ey ensu re that t h e ballot papers belonging to different candidates are kept
separate.
(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.
Continuation of sorting process. Amended by: XV. 1996.65.
Dubious Votes.
Counting papers.
Amended by:
XV. 1996.65.
Ascertainment of quota.
Candidate with quota elected.
Transfer of surplus. Amended by: XV. 1996.65.
Priority of surplus. (2) A surplus which arises from any count shall be transferred before a surplus which may arise from a subsequent count.
(3) If more than one candidate has a surplus arising from the same count, the largest surplus shall first be dealt with.
Equality of surplus.
Original votes only.
Original and transferred votes.
Papers sorted to next available preference.
Transferable
papers equal or less
than surplus.
(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. 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.
(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.
(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.
(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 sub- parcel of transferable papers and in the sub-parcel of non-transferable papers.
(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 co nti n u i ng candi date i n d i cat e d t
h ereon as th e vo ter ’s n e xt available preference, and shall set aside as a separate parcel so m any o f 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.
(7) (a) If the total number of transferable papers is greater than the surplus, the Commission shall transfer from each s ub-pa rc el
of trans f erable papers to th e continuing c a n d id at e i ndi ca te d t h e r eo n a s th e vote r s ’ n e x t available
preference the number of papers which bears the same proportion to the number of papers in the sub- parcel as the surplus bear s
to th e to t a l nu mb er o f transferable papers.
(b) The number of papers to be transferred from each sub- parcel 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.
(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.
(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.
(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.
(2) If the total of the votes of the two or more candidates
Transferable papers exceed surplus; proportionate transfer.
Ascertainment of number of papers to be transferred.
Treatment of decimal parts (to four significant places).
Equality of decimal parts (to four significant places).
Papers transferred from sub-parcels.
Exclusion of candidates. One candidate excluded.
Two or more excluded.
Selection of candidate for exclusion.
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.
(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.
Last vacancies. 12. Notwithstanding anything in these regulations contained:
(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.
(2) If on the exclusion of a candidate or candidates the number of t h e 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.
Procedure in transferring votes. Papers transferred.
Non-transferable papers set aside.
Papers retained for quota.
(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 non- transferable papers already set aside.
(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.
Partial re-counts. 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 di scovered in the r e - c ount; the Com mission may also at t heir 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.
Election petitions. 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.
(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.
(2) If any decision of the Commission is so reversed, the transfer in question and all operations subsequent thereto shall be void and the court shall direct what transfer is to be made in place o f th e tr an sfer in q u esti on , and s h all cause the subse q uent operation s t o be carri ed out and the result of th e el ecti on to be ascertained in accordance with these regulations.
PART III
Casual Vacancies
(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.
Decision of returning officers on transfer.
Result of poll. Form of declaration.
Notice of vacancy.
Nominations.
Notice of valid nominations.
If two or more nominations, ballot papers of vacating member are examined.
Vacancy filled by co-option in special cases.
Additional members. Added by: XXI. 2007.7.
(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.
(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 cand idate shall be credited with one vo te in respect of each paper transferred.
(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 numbe r of papers in the parcel of the vacating Member, he shall be declared elected.
(4) In any case where there are two or more validly nominated candidates, the Commissio n shall exclude from the poll th e c a ndidate
c r e d ited with the lo w e st number o f vo tes and shall transfer his votes according to the next available preferences shown
upon the ballot papers for the continuing candidate or candidates. 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:
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.
(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.
PART IV
Article 52 of the Constitution
(1) establish the total valid votes credited at first count to each of the parties that has elected members to the
House of Representatives;
(2) establish the number of members elected to the House of Representatives by each of the parties;
(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;
(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;
(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;
(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;
(7) the total composition of the House of Representatives shall be such number of seats as is established in sub- paragraph (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.
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
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. 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);
2. Since Party C has not elected candidates, the first count votes credited to its candidates are eliminated from all subsequent
calculations;
3. 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;
4. 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 ha s elected candidate s, by the number of candidates decl ar ed elect e d on behalf of that party, disregard
i ng any remainders, so in this example:
• Party A - 150,000/30 = 5,000
• Party B - 140,000/35 = 4,000
5. 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 candida tes (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:
• Party A - 150,000/4000 = 37.5
6. 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 elec ted (30) and the resu lt thereof (7.5) repres
ents the additional number of members that are to be declared elected on behalf of Party A
7. 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).
8. The final result would therefore be: Party A 38 seats and
Party B 35 for a House of Representatives with 73 seats
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. 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);
2. Since Party C has not elected candidates, the first count votes credited to its candidates are eliminated from all subsequent
calculations;
3. Party A has a right to increase the number of its candidates to be declared elected s o that , in percen tage t e rm s, the
sam e proportion used for Party B when electing its own members is also used for Party A;
4. 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 pa rty that has elected candidates, by the number of candidates d e clared el ected on behalf of t h at p a r t y, d i sregardi
ng an y remainders, so in this example:
• Party A - 160,000/33 = 4,848
• Party B - 140,000/32 = 4,375
5. 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:
• Party A - 160,000/4375 = 36.57
6. 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.
7. 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).
8. The final result would therefore be: Party A 37 seats and
Party B 32 for a House of Representatives with 69 seats.
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. 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);
2. Party A has a right to increase the number of its candidates to be declared el ected and, in do ing so, the same p roportion
of votes used to elect members is to be used for all parties;
3. Since there are more than one minority parties, the C o m m i ssi on ad ds to ge th er th e to tal f i r s t co
un t vo tes of bo th 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.
4. 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:
• Party A - 150,000/29 = 5172
• Party B + C - 145,000/36 = 4027
5. 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:
• Party A - 150,000/4027 = 37.2
6. 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.
7. 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 n umber of seats is redu ced to 73 which i s the nearest odd number to the total seats (73.2 seats).
8. 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
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. 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);
2. Party A has a right to increase the number of its candidates to be d eclared elected and, in doing so, th e sam e prop ortio
n of votes used to elect members is to be used for all parties;
3. Since there are more than one minority parties, the Co mmissi on ad ds to get h er th e t o t a l f i r s t co un
t vo tes of b o t h minority parties (140,000 + 5,000 = 145,000) as well as the seats obtained by both of them (31 + 1 = 32) and
considers them as one minority party.
4. 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:
• Party A - 160,000/33 = 4848
• Party B + C - 145,000/32 = 4531
5. 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:
• Party A - 160,000/4531 = 35.31
6. 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 elec ted (33) and the resu lt thereof (2.3) repres ents
the additional number of members that are to be declared elected on behalf of Party A.
7. 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).
8. 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
Example 1A above will apply but the votes of Party C at first count would be taken at 15,000 and it w ould still not elect any candidate.
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. 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);
2. Since Party C has not elected candidates, the first count votes credited to its candidates are eliminated from all consequent
calculations;
3. The Commission proceeds to establish whether Party B has a disproportiona tely lower share o f seats by es tab l i s hi ng
t h e 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:
• Party A - 150,000/35 = 4,285
• Party B - 140,000/30 = 4,666
4. Party B has a right to increase the number of its candidates to be declared elected s o that , in percen tage t e rm s, the
sam e proportion is used for Party B when electing its own members as is also used for Party A;
5. 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:
• Party A - 140,000/4285 = 32.6
6. 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.
7. 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).
8. The final result would therefore be: Party A 35 seats and
Party B 32 for a House of Representatives with 67 seats.
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.
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:
Number of valid votes ........................................................... Number of members to be elected ..........................................
Quota (number of votes sufficient
to secure election of a candidate) ...........................................
And we do hereby declare the said ....................... duly elected Members of the House of Representatives for the said Electoral
Division.
Dated this ............day of ....................of the year..........
...............................................
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.
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.
The results of the count may be supposed to be as follows: Votes
Substituted by: L.N. 178 of 1996.
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 number of vacancies to be filled ), and 50 (i.e. the quotie nt 49 increased by l, neglecting the fr action) is the "quota",
or the number of votes sufficient to elect a member.
The votes obtained by B, F and H exceed or equal the quota, and they are thereupon elected.
SECOND COUNT
B has 90 surplus votes (i.e. B’s total 140, less the quota 50), and it is necessary to transfer this surplus first as being the
largest.
All B’s 140 papers are examined and arranged in separate sub- parce l s ac cording to the ne xt availa ble prefere n ces indica
ted thereon.
In ge ne ral the ne xt av ail a bl e p r efe r e n ce wi ll b e t h e se co nd preference. But any paper on which the second preference
is given to either F or H, both already elected, passes to the next available preference after such candidates. A paper marked with
1 for B, 2 for H, 3 for F, 4 for I, is placed in the sub-parcel for I.
A separate sub-parcel is also formed of those papers on which no further available preference, i.e., no fu rt her preference for any
continuing candidat e is shown, and which are therefore not transferable.
The result is found to be as follows:
A next available preference is shown for D on ............. 80 papers A next available preference is shown for E on ..............
2 papers A next available preference is shown for I on ............. 25 papers A next available preference is shown for K on .............
29 papers Total of transferable papers ........................... 136 papers
Total of non-transferable papers ....................... 4 " Total of B’s papers......................................... 140
Since the total number of transferable papers (136) exceeds the surplus (90), only a portion of each sub-parcel can be transferred,
and the number of papers to be transferred from each sub-parcel must bear the same proportion to the total number of papers in the
sub-parcels as that which the surplus bears to the total number of transferable papers.
In other words, the number of papers to be transferred from each sub-parcel is ascertained by multiplying the number of papers in
the sub-parcel by 90 (the surplus), and dividing the result by 136 (the total number of transferable papers) giving 0.6617647.
The process is as follows:
D’ s sub-parcel co ntains 80 papers, and his share of the surplus
is therefore .................................... 80 x 0.6617647 or 52.9412
E’s sub-parcel contains 2 papers, and his share of the surplus is
therefore........................................ 2 x 0.6617647 or 1.3235
I’ s sub-parcel cont ains 2 5 papers, and his share of the surplus
is therefore .................................... 25 x 0.6617647 or 16.5441
K’ s sub-parcel co ntains 29 papers, and his share of the surplus
is therefore .................................... 29 x 0.6617647 or 19.1912
Total ..................................................... 90
The numbers of papers to be transferred as determined by the prece di n g pro cess co nt ain decimal parts, and sinc e only whole
papers can be transferred, so many of the largest of these decimal parts, t a ke n i n order of t h ei r mag n i t u d e as w i l
l mak e t h e to tal nu mb er o f pa pers t o be t r an sf erred equa l to the surplus are reckoned as of the value of unity.
Thus as the whole numbers determined above amount to only 88 viz. (52+1+16+19), or two short of the surplus, 90, the two largest d eci m a l parts .94
12 an d .5441 are reck oned as unity, and the number of papers actually transferred are as follows:
To D ..................................................................... 53 papers To E .....................................................................
1 paper To I ...................................................................... 17 papers To K .....................................................................
19 papers
Total, being B’s surplus ........................................ 90 papers
The particular papers to be transferred to D, E, I and K are those last filed in their respective sub-parcels, and, therefore at the
top of the sub-parcels. The papers transferred are marked with the number of the count at which the transfer is made.
These papers are added in separate sub-parcels to the parcels of
D, E, I and K. (Note: K had no parcel of original votes).
The totals of the votes credited to these candidates then become: D ............................ 10+53 = 63
E ............................. 4 + 1 = 5
I .............................. 12+17 = 29
K ............................ 0+19 = 19
The remainders of the papers in the sub-parcels (i.e. those papers n o t transferr e d ) , to geth er wi th the p a p e rs on wh ich
no furt her available preferences were mark ed are collec ted togethe r and formed into one parcel, representing B’s quota of votes
(50).
The parcel is made up as follows:
The remainder of D’s sub-parcel, 80 less 53 = 27
The remainder of E’s sub-parcel, 2 less 1 = 1
The remainder of I’s sub-parcel, 25 less 17 = 8
The remainder of K’s sub-parcel, 29 less 19 = 10
Non-transferable papers ............................... 4
Total, being B’s quota .................................. 50
The operations involved in this transfer are summarised in the following table:
COUNT No.2
Notes for Electoral Commissioners
* It will be found convenient to begin filling in the transfer sheet by inserting the totals in the spaces marked with an asterisk.
These totals are known before the count is commenced.
† When transferring a surplus all the non-transferable papers are usua lly reta ine d as part of t h e qu ot a, bu t when t h e nu mbe r of transferable papers is less than the surplus, the difference should be inserted in the space marked with a dagger, and a corresponding number of non-transferable papers should
be transferred to the non- transferable box. These papers should be taken from the top of the parcel of non-transferable papers and
the number taken should be shown on the Result Sheet on the line provided for non-transferable papers.
The state of the poll on the conclusion of the count is as follows: Votes
B .............................................. 50 (elected) F .............................................. 62 (elected) H ..............................................
50 (elected) D .............................................. 63 (elected) I ............................................... 29
C .............................................. 25
L .............................................. 24
K .............................................. 19
G .............................................. 14
A ............................................... 7
E ................................................5
Total ...................................... 348
D now has 63 votes, a number which is more than the quota. He is accordingly elected.
THIRD COUNT
There are now two surpluses that of F (12) and that of D (13). F’s surplus, though the smaller, is first dealt with as it arose
on a prior count. F’s surplus is distributed proportionately among the next available preferences on F’s original 62 papers in
exactly the same mann er as in the case of B, with the result that 9 papers are transferred to L, 2 to C and 1 to A.
The papers forming F’s quota are placed together in one parcel, which is marked with F’s name.
The papers forming the quota of H (who obtained an exact quota at the first count) are likewise placed together in one parcel, which
is marked with H’s name.
FOURTH COUNT
D’s surplus (13) must now be distributed. For this purpose only the sub-parcel last transferred, containing 53 papers, is considered.
These are examined and sorted into sub-parcels, according to the next available preferences, with the following result:
A next available preference is shown for I on .............. 42 papers A next available preference is shown for K on .............
10 papers Total of transferable papers ........................................ 52 papers No further preference is shown on ................................ 1 paper
Total ........................ 53
The number of papers to be transferred from each sub-parcel is ascertained by multiplying the number of papers in the sub-parcel by
13 (the surplus) and dividing the result by 52 (the total number of transferable papers); therefore
I’s share of the surplus is..................................42 x 0.25 = 10.5
K’s share of the surplus is.................................10 x 0.25 = 2.5
As the decimal parts above are equal, that which arises from the larger sub-parcel is deemed to be the larger. I’s share of D’s
surplus is, accordingly, 11 votes, and K’s share is 2 votes.
The number of votes transferred and retained are in accordance with the simplified transfer sheet following:
TRANSFER OF "D’s" SURPLUS
COUNT No. 4
Surplus ................................................................. | 13 |
Number of transferable papers .............................. | 52 |
Proportion to be transferred = | |
Surplus | 13 |
= = 0.25
Number of transferable papers 52
Sub-parcels of 11 papers and 2 papers marked with the number of the count at which the transfer took place are added to parcels of
I and K respectively, and the remainders (31 and 8) together with the
1 non-transferable paper and the 10 papers received by D on the fi rst co un t, ma ki ng 50 p a pe rs alt o g e th er, are fo rmed
i n t o on e parcel, making D’s quota of votes.
The state of the poll on the conclusion of the count is as follows: Votes
B .............................................. 50 (elected) F .............................................. 50 (elected) H ..............................................
50 (elected) D .............................................. 50 (elected) I ............................................... 40
L .............................................. 33
C .............................................. 27
K .............................................. 21
G ...............................................14
A ................................................ 8
E .................................................5
Total ...................................... 348
FIFTH COUNT
Th ere bei ng now no surplu s requ ired to be deal t wi th, th e Electoral Commissio ner proceeds to transfer the vo tes of the candidate
with the smallest total of votes. The candidate lowest on the poll is E, with 5 votes, but since the combined totals of E and A (5+8=13)
are less than 14, the total of G, the next highest candidate, the Electoral Commissioner transfers the papers of both E and A at
the same count.
The papers in the parcels of E and A (total 13) are examined, and is found that:
C is marked next available preference on ... ... ... ... ... 1 paper G is marked next available preference on ... ... ... ...
... .. 7 papers I is marked next available preference on ... ... ... ... ... ... 4 papers Non- transferable papers ... ... ... ...
... ... ... ... 1 paper
Total ... ... ... ... ... .. 13 papers
The operation is completed by the transfer of 1 paper to C, 7 papers to G, 4 papers to I, and the 1 non-transferable paper is set
aside as a separate parcel.
The state of the poll is now as follows: Votes
B .............................................. 50 (elected) F ... .......................................... 50 (elected) H ..............................................
50 (elected) D .............................................. 50 (elected) I ............................................... 44
L .............................................. 33
C .............................................. 28
G .............................................. 21
K ...............................................21
Non-transferable paper ............... 1
Total ...................................... 348
SIXTH COUNT
No candidate is elected as the result of the fifth count and the next operation has to be determined upon. Candidates G and K have
each the same number of votes (21) and are lowest on the poll. K’s papers are distributed, as he obtained fewer votes than G in
the first count. From the distribution of K’s papers (21), 3 papers are transferred to C, 15 t o I, 1 to L, and 2 are non-transferab
le. I thereby reaches a total of 59 votes, and is elected.
The state of the poll is now as follows: Votes
B .............................................. 50 (elected) F ... .......................................... 50 (elected) H ..............................................50
(elected) D ............................................. 50 (elected)
I ...............................................59 (elected) L ............................................. 34
C ............................................. 31
G ............................................. 21
Non-transferable papers.............. 3
Total ...................................... 348
SEVENTH COUNT I’s surplus (9) must now be distributed.
For this purpose only the sub-parcel of papers last transferred to
I (15 papers) is taken into account.
The s e are exa m ined a n d a r ra ng ed in sub-parcels for the continuing candidates, with the following result:
C is next available preference on ... ... ... 4 papers L is next available preference on ... ... ... 3 papers Total transferable papers
.... ... ...7
Non-transferable papers ... ... ... 8
Total ... ... 15
In this case the total number of transferable papers (7) is less than the surplus (9), therefore the Electoral Commissioner transfers
the w hole su b-parcels of transferab le papers to the co ntin uing candi dat es indi cated th ereo n as next availabl e p reference.
This accounts for 7 votes out of the surplus 9. There is a difference of 2 p a pers. Th e sub - p a rcel of no n- tr an sferab le
paper s i s t h erefo r e divided into two portions, one containing 2 papers (which form part of the surplus) the other containing
6 papers (which are required for I’s quota). The portion of 2 papers is set aside as a separate parcel with the other parcels of
non-transferable papers, and the portion of
6 papers is retained to make up I’s quota (6+44=50).
The number of votes transferred and retained are in accordance with the transfer sheet following:
COUNT No. 7
Notes for Electoral Commissioners
* It will be found convenient to begin filling in the transfer sheet by inserting the totals in the spaces marked with an asterisk.
These totals are known before the count is commenced.
† When transferring a surplus all the non-transferable papers are u s ual l y retai n ed as part of t h e quo ta, but w h en the number of transferable papers is less than the surplus, the difference should be inserted in the space marked with a dagger, and a corresponding number of non-transferable papers should
be transferred to the non- transferable box. These papers should be taken from the top of the parcel of non-transferable papers and
the number taken should be shown on the Result Sheet on the line provided for non-transferable papers.
The state of the poll after the seventh count is as follows: Votes
B .............................................. 50 (elected) F .............................................. 50 (elected) H .............................................
50 (elected) D ..............................................50 (elected)
I .............................................. 50 (elected) L ..............................................37
C ..............................................35
G ..............................................21
Non-transferable papers ............ 5
Total ...................................... 348
EIGHTH COUNT
There being now no surplus, the votes of G, the candidate lowest on the poll, are distributed.
G’s parcel of 21 papers is found to contain 7 papers on which C is the next preference, and 12 on which L is the next preference,
and 2 papers which are non-transferable.
Therefore 7 papers are transferred to C, and 12 to L, and 2 are filed as separate parcel with the other parcels of non-transferable
papers.
The state of the poll is now as follows: Votes
B .............................................. 50 (elected) F ... .......................................... 50 (elected) H ..............................................
50 (elected) D .............................................. 50 (elected) I ............................................... 50 (elected)
L .............................................. 49
C .............................................. 42
Non-transferable papers ............. 7
Total ...................................... 348
There being now no surplus, C, the candidate lowest on the poll, is excluded from the poll. But, as there remains only one vacancy
to be filled, and only one continuing candidate, namely L, L is elected without any further transfer of votes.
The final result is that B, F, H, D, I and L, are elected.
The details of the various operations in this election are shown in the subjoined form of "Result-Sheet".
FOURTEENTH SCHEDULE
(Article 118)
Articles 41 to 62 of the Electoral (Polling) Ordinance (Cap 102)
(2) A person who makes any payment, advance, or deposit in contravention of this article or pays in contravention of this article any money so provided as aforesaid, shall be guilty of an illegal practice.
Amended by:
L.N. 425 of 2007.
Making of contracts in respect of election expenses.
Payment of expenses through election agent.
(2) Every claim against a candidate at an election or his election agent in respect of any expenses incurred on account
of or in respect of the conduct or management of such election, which is not sent in to the election agent within the time limited
by this Ordinance, shall be barred and shall not be paid; and subject to such exception as may be allowed in pursuance of this Ordinance,
an election agent who pays a claim in contravention of this article shall be guilty of an illegal practice.
(3) Except as by this Ordinance permitted, the time limited by this Ordinance for sending in claims shall be fourteen days after
the day on which the candidate returned is declared elected.
(4) All expenses incurred by or on behalf of a candidate at an election, which are incurred on account of or in respect of the
conduct or management of such election, shall be paid within the time limited by this Ordinance and not otherwise; and, subject to
Periods for sending in claims and making payments for election expenses.
Amended by:
L.N. 425 of 2007.
such exception as may be allowed in pursuance of this Ordinance, an election agent who makes a payment in contravention of this provision
shall be guilty of an illegal practice.
(5) Except as by this Ordinance permitted, the time limited by this Ordinance for the payment of such expenses as aforesaid shall
be twenty-eight days after the day on which the candidate returned is declared elected.
(6) Where it has been proved to the satisfaction of the court by a candi date that any payment mad e by an election agen t in
contraventi on of th is art i cl e w as made with out the sanctio n or connivance of such candidate, the election of such candidate
shall not be void, nor shall he be subject to any incapacity under this Ordinance by reason only of such payment having been made
in contravention of this article.
(7) If the election agent in the case of any claim sent in to him within the time limited by this Ordinance disputes it, or refuses
or fails to pay it within the said period of twenty-eight days, such claim shall be deemed to be a disputed claim.
(8) The claimant may, if he thinks fit, bring an action for a disputed claim in the competent civil court; and any sum paid by
the candidate or his agent in pursuance of the judgment or order of such court shall be deemed to be paid within the time limited
by this Ordinance, and to be an exception from the provisions of this Ordinance requiring claims to be paid by the election agent.
(9) On cause shown to the satisfaction of the competent civil court, the court on application by the claimant or by the candidate
or his election agent may, by order, give leave for the payment by a candidate or his election agent of a disputed claim, or of a
claim for any such expenses as aforesaid, although sent in after the time in this article mentioned for sending in claims, or although
the same was sent in to the candidate and not to the election agent.
(10) Any sum specified in any such order may be paid by the candidate or his election agent, and when paid in pursuance of such leave
shall be deemed to be paid within the time limited by this Ordinance.
Remuneration of election agent.
Personal expenses of candidate and petty expenses. Amended by:
L.N. 425 of 2007.
(2) The candidate shall send to the election agent within the t ime lim ited by t his Ordinan ce for sendi ng i n claim s, a wri
tten statement of the amount of personal expenses paid as aforesaid by
such candidate.
(3) The personal expenses of a candidate include his reasonable travelling expenses and the reasonable expenses of his living at
hotels or elsewhere for the purposes of the election.
(4) Any person may, if so authorized in writing by the election agent of the candidate pay any necessary expense for stationery,
postage, telegrams, and other petty expenses to a total amount not exceeding that named in the authority, but any excess above the
total amount so named shall be paid by the election agent.
(5) A statement of the particulars of payments made by any person so authorized shall be sent to the election agent within the
time limited by this Ordinance for the sending in of claims, and shall be vouched for by a bill containing the receipt of that person.
Provided that there shall not be included in such amount any exp e ndi ture incurred by the candidate fo r his perso n al e x pens
es, nor the fee, if any, paid to the election agent not exceeding two hundred and thirty-five euro (235).
(2) In the case of candidates standing for election in the same division as members of the same political party, the expenses
of such candidates m a y be added t ogether and there shall not be deem ed to have been a contravention of t h is article u n less
t h e aggre g ate e x penses of such ca ndidates, when added together, ex ceed eith er the sum o f one t housan d and fo ur hun
dred euro (1,400) multiplied by the number of such candidates or the sum of seven thousand euro (7,000), whichever is the smaller:
provided that if the aggregate of such expenses exceeds either of the sums aforesaid, the expenses of each such candidate shall
be separated from the expenses of the others and the provisions of subarticle (1) shall apply.
(3) Any candidate or election agent who knowingly acts in contravention of this article shall be guilty of an illegal practice.
Expense in excess of maximum to be illegal practice. Substituted by: L.N. 425 of 2007.
(a) on account of the conveyance of voters to or from the poll, whether for the hiring of vehicles, or otherwise; or
(b) to or with a voter on account of the use of any house, land, building, or premises for the exhibition of any address, bill, or
notice, or on account of the exhibition of any address, bill, or notice.
(2) Subject to such exception as may be allowed in pursuance
Certain expenditure to be illegal practice.
o f t h is Ordin a nce, if any p a ym en t o r co ntract fo r p a ymen t i s kn ow in gl y made in co nt rav e n t i o n o f th is
art i cle eit h er bef o re, during, or after an election, the person making such payment or co ntract sh all be gui lty of an illegal
practice, and any person recei v i n g su ch paym en t or b e i n g a party to any such c o ntract, knowing the same to be in contravention
of this article, shall also be guilty of an illegal practice:
Provided that where it is the ordinary business of a voter as an advertising agent or publisher to exhibit for payment bills and advertisements,
a payment to or contract with such voter, if made in the ordinary course of business, shall not be deemed to be an illegal practice
within the meaning of this article.
Certain employment to be illegal.
(a) one election agent and no more;
(b) a reasonable number of clerks and messengers, having regard to the area of the electoral division and the number of
voters on the electoral register for such division.
(2) Subject to such exception as may be allowed in pursuance o f thi s Ordin a nce, i f an y perso n i s eng a ged or em plo y
ed in co ntrave nti on of t h is art i cle, eith er before, du ri ng or after an election, the person engaging or employing him
shall be guilty of an illegal practice.
Saving for creditors.
Return and declaration respecting election expenses.
(2) Every such return shall contain a statement of all payments made by the candidate or by his election agent, or by any persons
on behalf of the candidate, or in his interest, for expenses incurred on account of, or in respect of, the conduct and management
of the election, and a further statement of all unpaid claims in respect of such expenses, of which he or his election agent is aware.
(3) The return shall be accompanied by declarations to be made
on oath before a magistrate by the candidate and his election agent, in the form contained in the Seventh Schedule to this Ordinance.
(4) If any candidate or election agent acts in contravention of the requirements of this article, he shall, subject to the provisions
of article 56, be guilty of an illegal practice.
52. (1) Any person committing an illegal practice shall, on conviction, be liable to a fine (multa) not exceeding four hundred and six t y-fi ve euro (46 5 ) an d shall in consequence of such conviction become incapable, during
a period of four years from the date of conviction, of being registered as a voter or voting at any election or of being elected
a member, and if before that date he has been elec ted a membe r, hi s election shall, subject to the provisions of article 55 of
the Constitution of Malta, be vacated from the date of such conviction.
(2) No prosecution for an illegal practice shall be instituted without the sanction of the Attorney General.
PART V
CORRUPT PRACTICES
(2) Every voter who corruptly accepts or takes any such food, drink, entertainment, or provision shall also be guilty of the offence of treating.
Publication of notice in respect of return of election expenses. Substituted by:
L.N. 425 of 2007.
Punishment on conviction for illegal practice. Amended by:
L.N. 425 of 2007.
Personation.
Treating.
Undue influence. 55. Every person who directly or indirectly, by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence, or restraint, or inflicts, or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm, or loss upon or against any person in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting at any election, or who by abduction, duress, or any fraudulent device o r cont ri van ce, im ped e s or p r ev ents the free exercise of the franchise of any vo ter or thereb y compel s, induces, or prevails upon any voter either to give or refrain from giving his vote at any election, shall be guilty of the offence of undue influence.
Bribery. 56. The following persons shall be deemed guilty of the offence of bribery:
(a) every person who, directly or indirectly, by himself or by any other person on his behalf, gives, lends or agrees to
give or lend, or offers, promises or promises to procure, or to endeavour to procure, any money or valuable consideration to or
for any voter, or to or for any person on behalf of any voter, or to or for any other person, in order to induce any voter to vote
or refrain from voting, or corruptly does any such act as aforesaid on account of such voter having voted or refrained
from voting at any election under this Ordinance;
(b) every person who, directly or indirectly, by himself or by any other person on his behalf, gives or procures, or agrees to give
or procure, or offers, promises or promises to procure or to endeavour to procure any office, place or employment to or for
any voter or to or for any person on behalf of any voter or to or for any other person in order to induce any voter to vote or
refrain from voting, or corruptly does any such act as aforesaid on account of any voter having voted or refrained from
voting at any election under this Ordinance;
(c) every person who, directly or indirectly, by himself or by any other person on his behalf, makes any such gift, loan, offer,
promise, procurement, or agreement as aforesaid, to or for any person in order to induce such person to procure or endeavour
to procure the return of any person as a member of the House, or the vote of any voter at any election under this Ordinance;
(d) every person who, upon or in consequence of any such gift, loan, offer, promise, procurement, or agreement, procures or engages,
promises or endeavours to procure, the return of any person as a member of the House or the vote of any voter at any election
under this Ordinance;
(e) every person who advances or pays or causes to be paid any money to or for the use of any other person,
with the intent that such money or any part thereof shall be expended in bribery at any election under this Ordinance, or who shall
knowingly pay or cause to be paid any money to any person in discharge or repayment of any money wholly or in part
expended in bribery at any such election;
(f) every person being a voter who, before or during any election under this Ordinance, directly or indirectly, by himself or by
any other person on his behalf, receives, agrees, or contracts for any money, gift, loan, or valuable consideration, office,
place or employment, for himself or for any other person, for voting or agreeing to vote or for refraining or agreeing
to refrain from voting at any such election;
(g) every person who, after any election under this Ordinance, directly or indirectly, by himself or by any other person
on his behalf, receives any money or valuable consideration on account of any person having voted or refrained
from voting or having induced any other person to vote or to refrain from voting at any such election.
57. (1) Any person who commits the offence of personation, treating, undue influence, or bribery or aids, abets, counsels, or procures
the commission of the offence of personation, and any candidate or election agent who knowingly makes the declaration, as to election
expe nses required by article 50, falsely, sha ll be guilty of a corrupt practice and shall be liable, on conviction, in the discretio
n of the co urt , t o a fine ( multa ) not exceeding one thou san d an d on e hu ndred and sixt y euro (1,160 ), or to imprisonment for a term not exceeding six
months, or to both such fine (multa) and imprisonment, and shall in consequence of such conviction become incapable, for a period of seven years from the date of his
conviction of being registered as a voter or voting at an election under this Ordinance, or of being elected a member, and if at
that date he has been elected member, his election shall, subject to the pr ovisions of arti cle 55 of the Constitution of Malta,
be vacated from the date of such conviction.
(2) No prosecution for a corrupt practice shall be instituted without the sanction of the Attorney General.
(3) For the purposes of this Part of this Ordinance, references to "v otin g" or to "refrain ing from vot ing",
o r t o "gi v ing " or "refraining from giving a vote", shall include references to "voting" or "refraining
from voting" in a particular way.
Punishment and incapacities for corrupt practice. Amended by:
L.N. 425 of 2007.
PART VI
Reasons exonerating candidates in certain cases of corrupt and illegal practice by agents.
EXCUSE FOR CORRUPT AND ILLEGAL PRACTICES
(a) that no corrupt or illegal practice was committed at such election by the candidate or his election agent and the offences aforesaid
were committed contrary to the orders and without the sanction or connivance of such candidate or his election agent; and
(b) that such candidate and his election agent took all reasonable means for preventing the commission of corrupt and
illegal practices at such election; and
(c) that the offences aforesaid were of a trivial, unimportant and limited character; and
(d) that in all other respects the election was free from any corrupt or illegal practice on the part of such candidate and of his
agents.
Power of court to except innocent act from being illegal practice, etc.
(a) that any act or omission of a candidate at any election, or of his election agent or of any other agent or person, would, by reason
of being the payment of a sum or the incurring of expense in excess of any maximum amount allowed by this Ordinance,
or of being a payment, engagement, employment, or contract in contravention of this Ordinance, or of otherwise being in
contravention of any of the provisions of this Ordinance, be but for this article an illegal practice; and
(b) that any such act or omission arose from inadvertence or from accidental miscalculation or from some other reasonable cause
of a like nature, and in any case, did not arise from any want of good faith,
and under the circumstances it seems to the court, after giving the Attorney General an opportunity of being heard, to be just that
the candidate at the said election and other agent and person or any of them, should not be subject to any of the consequences under
this Ordinance, the court may allow such act or omission to be an exception from the provisions of this Ordinance
which would otherwise make the same an illegal practice, and thereupon such candidate, agent, or person shall not be subject
to any of the consequences under this Ordinance of the said act or omission.
(a) if the candidate in any criminal or civil proceedings under this Ordinance proves to the satisfaction of the court that the
failure to transmit such return and declarations, or any of them or any part thereof, or any error or false statement therein,
has arisen by reason of his illness or of the absence, death, illness or misconduct of his election agent or
of any clerk or officer of such agent, or by reason of inadvertence, or of any reasonable cause of a like nature, and not by
reason of any want of good faith on the part of the candidate; or
(b) if the election agent of the candidate proves to the satisfaction of the court that the failure to transmit the return
and declarations which he was required to transmit or any part thereof, or any error or false statement therein,
arose by reason of his illness or of the death or illness of any prior election agent of the candidate or of the absence,
death, illness or misconduct of any clerk or officer of an election agent of the candidate, or by reason of inadvertence or
of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the election agent,
the court may, after giving the Attorney General an opportunity of being heard, make such order for allowing an authorized excuse
for the failure to transmit such return and declarations, or for an error or false statement in such return and declarations, as
to the court seems just.
(2) Where in any proceedings it appears to the court that any person being or having been election agent has refused or failed
to make such return or to supply such particulars as will enable the candidate and his election agent, respectively, to comply with
the pro v isio ns of th is Or din a nce as to th e ret u rn and declar ation respecting election expenses, the court, before making
an order allowing the excuse as in this article mentioned, shall order such person to appear, and shall, unless he attends, and shows
cause to the contrary, order him to make the return and declaration, or to deliver a statement of the particulars required to be
contained in the return, as to the court seems just, and to make or deliver the same withi n such ti me and to such p erson and in
such m anner as t he court may direct, or may order him to be examined with respect to such particulars, and in default of compliance
with any such order, such person shall be guilty of an illegal practice.
(3) The court may allow the excuse conditionally upon the making of a return and declaration in a modified form or within
an extended time, and upon the compliance with such other terms as to the court, seem best calculated for carrying into effect the
objects of this Ordinance; and an order allowing an authorized excuse shall
Authorised excuse for non- compliance with provisions as to return and declaration respecting election expenses.
relieve the candidate or the election agent, as the case may be, from any liability or consequences under this Ordinance in respect
of the m a tter excused by the o r der; and where it is p r o v ed by t h e candidate to the court that any act or omission of the
election agent in relation to the return and declaration respecting election expenses was without the sanction or connivance of the
candidate and that the candidate took all reasonable means for preventing such act or omission, the court shall relieve the candidate
from the consequences of such act or omission on the part of his election agent.
(4) The date of the order, or if conditions and terms are to be complied with, the date at which the applicant fully complies with
them, is referred to in this Ordinance as the date of the allowance of the excuse.
PART VII
Avoidance by conviction of candidates.
Avoidance of election on other grounds.
GROUNDS FOR AVOIDING ELECTIONS
(a) if by reason of general bribery, general treating, or general intimidation, or other misconduct, or other circumstances,
the majority of electors were or may have been prevented from electing candidates whom they preferred;
(b) non-compliance with the provisions of this Ordinance relating to election or of the polling regulations if it appears to
the court that the election was not conducted in accordance with the principles laid down in such provisions and
that such non-compliance affected the result of the election;
(c) that a corrupt practice or an illegal practice was committed in connection with the election by the candidate,
or with his knowledge or consent, by any agent of the candidate;
(d) that the candidate personally engaged a person as his election agent, or as a canvasser or agent knowing that such person had
within seven years previous to such engagement been found guilty of a corrupt practice;
(e) that the candidate was at the time of his election a person disqualified for election as a member.
FIFTEENTH SCHEDULE
{Article 72)
Form of Oath which an Assistant Electoral Commissioner may administer to a voter.
I, (1) ......... .......... .......... .......... having Identity Card No
........................................ of (2) ................................... do swear/
solemnly affirm that I am requesting the assistance of the Assistant
Electoral Commissioners so that I may vote since I cannot mark the ballot paper. (So help me God).
Date ................ Signature or mark of voter
......................................... Sworn/Affirmed before me this ......... day of ..................
.........................................
Signature of Assistant Electoral
Commissioner
Added by: XV. 1996.66.
(1) Name in full
(2) Address of voter
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