                         ELECTORAL (POLLING)                   g CAP. 102.              1
CHAPTER 102 
ELECTORAL (POLLING) ORDINANCE *
To make provision for the election and co-option of members of the House of
Representatives.
(3rd July, 1939) †
Enacted by ORDINANCE XXXIV of 1939, as amended by Ordinances: II of 1945, IV of
1947; Proclamation IX of 1947; Act VI of 1947; Ordinances: VI of 1959, XXXIV of 1961,
XXIII and XXV of 1962; Legal Notices: 4 of 1963, 46 of 1965; and Acts: XIX of 1966, XXXV,
LVI and LVIII of 1974; Legal Notice 148 of 1975; and Acts: XLVII of 1975, I of 1976, XXVII
and XLIX of 1981, XIII of 1983 and VIII of 1990.
ARRANGEMENT OF ORDINANCE
Sections ‡
*This Ordinance, other than sections 41 to 62 (both inclusive), was repealed by Act XXI of 1991. These
sections are also reproduced as Schedule Fourteen of the said Act.
† See  Proclamation No. XXXII of the 3rd July, 1939.
 Short title 1
Part I  Preliminary  2-3 
Part II  Election Procedure   4-33 
Part III  Counting of Votes  34-38 
Part IV Election Agents, Election Expenses and Illegal
Practices  39-52 
Part V  Corrupt Practices  53-57 
Part VI  Excuse for Corrupt and Illegal Practices  58-60 
Part VII  Grounds for Avoiding Elections  61-62 
Part VIII  General Provisions 63-68 
First Schedule
Second Schedule 
Third Schedule 
Fourth Schedule 
Fifth Schedule 
Sixth Schedule
Seventh Schedule
‡Section l, Parts I to III (inclusive) and their corresponding sections 2 to 38 (inclusive), sections 39 and 40
of Part IV, Part VIII and its corresponding sections 63 to 68 (inclusive) and the First Schedule to the Sixth
Schedule (inclusive) were repealed by Act XXI of 1991.
  2        CAP. 102.h                 ELECTORAL (POLLING) 
Short title. l.   Repealed by section 118 of Act XXI of 1991.
Repealed by: 
XXI. 1991.118.
PART I
P RELIMINARY 
Sections 2 and 3 were repealed by Act XXI of 1991.
Repealed by 
XXI. 1991.118.
 PART II
E LECTION  P ROCEDURE
Sections 4 to 33 were repealed by Act XXI of 1991. 
Repealed by: 
XXI. 1991.118.
PART III
C OUNTING OF  V OTES
Sections 34 to 38 were repealed by Act XXI of 1991.
 PART IV
E LECTION  A GENTS,  E LECTION  E XPENSES 
AND  I LLEGAL  P RACTICES 
Appointment of 
election agent. 
Amended by: 
L.N. 46 of I965.
39. Repealed by section 118 of Act XXI of 199I.
Persons guilty of 
corrupt practices 
not to be appointed 
election agents.
40. Repealed by section 118 of Act XXI of 1991.
Making of 
contracts in respect 
of election 
expenses.
41. A contract whereby any expenses are incurred on account
of or in respect of the conduct or management of an election shall
not be enforceable against a candidate at such election, unless made
by the candidate himself or by his election agent; provided that the
inability under this section to enforce such contract against the
candidate shall not relieve the candidate from the consequences of
any corrupt or illegal practice committed by his agent.
Payment of 
expenses through 
election agent.
42. (1) Except as permitted by or in pursuance of this
Ordinance, no payment and no advance or deposit shall be made by
a candidate at an election, or by any agent on behalf of the
candidate, or by any other person, whether before, during or after
such election, in respect of any expenses incurred on account of or
in respect of the conduct or management of such election,
otherwise than by or through the election agent of the candidate;
and all money provided by any person other than the candidate for
any expenses incurred on account of or in respect of the conduct or
                         ELECTORAL (POLLING)                   g CAP. 102.              3
management of the election, whether as gift, loan, advance or
deposit, shall be paid to the candidate or his election agent and not
otherwise; provided that this section shall not be deemed to apply
to any sum disbursed by any person out of his own money for any
small expense legally incurred by himself, if such sum is not repaid
to him.
(2) A person who makes any payment, advance, or deposit in
contravention of this section or pays in contravention of this
section any money so provided as aforesaid, shall be guilty of an
illegal practice.
Periods for sending 
in claims and 
making payments 
for election 
expenses. 
Amended by: 
XIII. 1983.5.
43. (1) Every payment made by an election agent in respect of
any expenses incurred on account of or in respect of the conduct or
management of an election shall, except where less than twenty-
five cents, be vouched for by a bill stating the particulars and by a
receipt.
(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 section
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
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 candidate that any payment made by an election agent in
contravention of this section was made without the sanction 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 section.
(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
  4        CAP. 102.h                 ELECTORAL (POLLING) 
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 his
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 section 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.
44. So far as circumstances admit, this Ordinance shall apply
to a claim for his remuneration by an election agent and to the
payment thereof in like manner as if he were any other creditor, and
if any difference arises respecting the amount of such claim, the
claim shall be a disputed claim within the meaning of this
Ordinance, and be dealt with accordingly.
Personal expenses 
of candidate and 
petty expenses. 
Amended by: 
XIII. 1983.5.
45. (1) The candidate at an election may pay any personal
expenses incurred by him on account of or in connection with or
incidental to such election to an amount not exceeding twelve liri,
but any further personal expenses so incurred by him shall be paid
by his election agent.
(2) The candidate shall send to the election agent within the
time limited by this Ordinance for sending in claims, a written
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.
Expense in excess 
of maximum to be 
illegal practice. 
Amended by: 
I.1976.11; 
XXVII.1981.12; 
XIII.1983.5.
46. (1) Subject to such exception as may be allowed in
pursuance of this Ordinance, no sum shall be paid and no expense
shall be incurred by a candidate at an election or his election agent,
whether before, during, or after an election on account of or in
respect of the conduct or management of such election, in excess of
six hundred liri:
                         ELECTORAL (POLLING)                   g CAP. 102.              5
  Provided that there shall not be included in such amount any
expenditure incurred by the candidate for his personal expenses,
nor the fee, if any, paid to the election agent not exceeding one
hundred liri.
(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 may be added together and there shall not be
deemed to have been a contravention of this section unless the
aggregate expenses of such candidates, when added together,
exceed either the sum of six hundred liri multiplied by the number
of such candidates or the sum of three thousand liri, 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 subsection (1) of this section shall apply.
(3) Any candidate or election agent who knowingly acts in
contravention of this section shall be guilty of an illegal practice. 
Certain 
expenditure to be 
illegal practice.
47. (1) No payment or contract for payment shall, for the
purpose of promoting or procuring the election of a candidate at
any election, be made - 
( 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
of this Ordinance, if any payment or contract for payment is
knowingly made in contravention of this section either before,
during, or after an election, the person making such payment or
contract shall be guilty of an illegal practice, and any person
receiving such payment or being a party to any such contract
knowing the same to be in contravention of this section, 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 section.
Certain 
employment to be 
illegal.
48. (1) No person shall, for the purpose of promoting or
procuring the election of a candidate at any election, be engaged or
employed for payment or promise of payment for any purpose or in
any capacity whatever, except for the purposes or in the capacities
following:
( 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
  6        CAP. 102.h                 ELECTORAL (POLLING) 
number of voters on the electoral register for such
division.
(2) Subject to such exception as may be allowed in pursuance
of this Ordinance, if any person is engaged or employed in
contravention of this section, either before, during or after an
election, the person engaging or employing him shall be guilty of
an illegal practice.
Saving for 
creditors.
49. The provisions of this Ordinance prohibiting certain
payments and contracts for payments, and the payment of any sum,
and the incurring of any expense in excess of a certain maximum,
shall not affect the right of any creditor, who, when the contract
was made or the expense was incurred, was ignorant of the same
being in contravention of this Ordinance.
Return and 
declaration 
respecting election 
expenses. 
Amended by: 
L.N. 46 of 1965.
50. (1) Within thirty-one days after the date of the publication
of the result of an election in the Government Gazette, the election
agent of every candidate at that election shall transmit to the
commissioners a return of the election expenses of such person,
containing the particulars specified in the Seventh Schedule to this
Ordinance, signed both by the candidate and by his election agent.
In the case of the candidate’s absence from Malta the duties
imposed on him may be performed by a duly appointed
representative.
(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 section, he shall, subject to the provisions
of section 56, be guilty of an illegal practice.
Publication of 
notice in respect of 
return of election 
expenses. 
Amended by: 
L.N. 46 of 1965; 
XIII.1983.5.
51. When any return of election expenses and the declarations
made in respect thereof have been lodged with the commissioners,
the commissioners shall, as soon as may be, cause a notice of the
date on which the return and the declarations have been lodged, and
of the time and place at which they can be inspected to be affixed in
some conspicuous place in the commissioner’s office and to be
published in the Government Gazette, and any person shall be
entitled, on payment of a fee of five cents, to inspect any such
return or declarations and, on payment of a fee of six cents for
every folio of 120 words, to obtain a copy or copies of any part
thereof.
                         ELECTORAL (POLLING)                   g CAP. 102.              7
Punishment on 
conviction for 
illegal practice. 
Amended by:
L.N. 46 of 1965; 
LVI.1974.3: 
LVIII.1974.68; 
L.N. 148 of 1975; 
XIII.1983.5.
52. (1) Any person committing an illegal practice shall, on
conviction, be liable to a fine ( multa ) not exceeding two hundred
liri and 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 elected a member, his
election shall, subject to the provisions of section 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
  C ORRUPT  P RACTICES
Personation.
applies for a ballot paper in the name of some other person,
whether that name be that of a person living or dead, or of a
fictitious person or, who having voted once at any such election,
applies at the same election for a ballot paper in his own name,
shall be guilty of the offence of personation.
Treating.
person, either before, during or after an election, directly or
indirectly, gives or provides, or pays wholly or in part the expense
of giving or providing any food, drink, entertainment, or provision
to or for any person, for the purpose of corruptly influencing that
person or any other person to give or refrain from giving his vote at
the election, or on account of such person or any other person
having voted or refrained from voting or being about to vote or
refrain from voting at such election, shall be guilty of the offence
of treating.
(2) Every voter who corruptly accepts or takes any such food,
drink, entertainment, or provision shall also be guilty of the offence
of treating.
Undue influence. 
Amended by: 
LVI. 1974.4.
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
or contrivance, impedes or prevents the free exercise of the
franchise of any voter or thereby compels, 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. 
Amended by: 
XXXIV.1961.8; 
L.N. 46 of 1965.
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
  8        CAP. 102.h                 ELECTORAL (POLLING) 
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
                         ELECTORAL (POLLING)                   g CAP. 102.              9
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.
Punishment and 
incapacities for 
corrupt practice. 
Amended by: 
L.N. 46 of 1965; 
LVI.1974.5; 
LVIII.1974.68; 
L.N. 148 of 1975; 
XIII.1983.5.
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 expenses required by section 50, falsely, shall be
guilty of a corrupt practice and shall be liable, on conviction, in the
discretion of the court, to a fine ( multa ) not exceeding five hundred
liri, 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 provisions of section 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 "voting" or to "refraining from voting", or to "giving" or
"refraining from giving a vote", shall include references to "voting"
or "refraining from voting" in a particular way.
PART VI
E XCUSE FOR  C ORRUPT AND  I LLEGAL  P RACTICES
Reasons 
exonerating 
candidates in 
certain cases of 
corrupt and illegal 
practice by agents. 
Amended by: 
LVIII.1974.68; 
L.N. 148 of 1975.
58. The election of a candidate, who has been guilty, by his
agents, of the offence of treating and undue influence, and illegal
practice, or of any such offences, in reference to such election shall
not, by reason of such offences, be declared void, nor shall the
candidate be subject to any incapacity under this Ordinance, if the
court is satisfied after giving the Attorney General an opportunity
of being heard that the candidate has proved - 
( 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
  10        CAP. 102.h                 ELECTORAL (POLLING) 
and of his agents.
Power of court to 
except innocent act 
from being illegal 
practice, etc. 
Amended by: 
LVIII.1974.68; 
L.N. 148 of 1975.
59. Where, in any proceedings, it is shown to the court by such
evidence as seems to the court sufficient - 
( 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 section 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.
Authorized excuse 
for non-
compliance with 
provisions as to 
return and 
declaration 
respecting election 
expenses. 
Amended by: 
LVIII. 1974.68; 
L.N. 148 of 1975.
60. (1) Where the return and declarations respecting election
expenses of a candidate at an election have not been transmitted as
required by this Ordinance, or being transmitted contain some error
or false statement, then - 
( 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
                         ELECTORAL (POLLING)                   g CAP. 102.              11
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
provisions of this Ordinance as to the return and declaration
respecting election expenses, the court, before making an order
allowing the excuse as in this section 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
within such time and to such person and in such manner as the
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
relieve the candidate or the election agent, as the case may be, from
any liability or consequences under this Ordinance in respect of the
matter excused by the order; and where it is proved by the
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.
  12        CAP. 102.h                 ELECTORAL (POLLING) 
PART VII
G ROUNDS FOR  A VOIDING  E LECTIONS
Avoidance by 
conviction of 
candidates. 
Amended by: 
XXXIV.1961.8; 
L.N. 46 of 1965.
61. Subject to the provision of section 55 of the Constitution of
Malta the election of a candidate as a member of the House is
avoided by his conviction for any corrupt or illegal practice.
Avoidance of 
election on other 
grounds.
Amended by: 
XXXIV.1961.8; 
L.N. 46 of 1965.
62. Subject to the provisions of section 55 of the Constitution
of Malta where applicable, the election of a candidate as a member
of the House shall be declared void on any of the following grounds
which may be proved to the satisfaction of the court namely:
( 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.
Repealed by: 
XXI 1991.118.
PART VIII 
G ENERAL  P ROVISIONS
Sections 63 to 68 were repealed by Act XXI of 1991.
Amended by: 
XXXIV. 1961.8; 
L.N. 46 of 1965.
FIRST SCHEDULE 
Repealed by Act XXI of 1991.
                         ELECTORAL (POLLING)                   g CAP. 102.              13
Amended by: 
XXXIV.1961.8; 
XXV.1962.5; 
L.N. 46 of 1965; 
LVIII. 1974.68.
SECOND SCHEDULE 
Repealed by Act XXI of 1991.
 Amended by: 
XXXIV. 1961.8; 
L.N. 46 of 1965. 
Substituted by: 
I.1976.12; 
XXVII. 1981.15.
THIRD SCHEDULE
Repealed by Act XXI of 1991.
Amended by: 
XXXIV.1961.8; 
L.N. 46 of 1965.
FOURTH SCHEDULE 
Repealed by Act XXI of 1991.
Amended by: 
XXXIV.1961.8; 
L.N. 46 of 1965.
FIFTH SCHEDULE 
Repealed by Act XXI of 1991. 
Amended by: 
XXXIV. 1961.8; 
L.N. 46 of 1965.
SIXTH SCHEDULE
Repealed by Act XXI of 1991. 
Amended by: 
XIII. 1983.5.
SEVENTH SCHEDULE 
(Section 50 (1))
R ETURN OF  E LECTION  E XPENSES
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, security, or
equivalent of money was received in respect of expenses incurred
on account of or in connection with or incidental to the election,
and the amount received from each person, club, society or
association separately.
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, and 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;
  14        CAP. 102.h                 ELECTORAL (POLLING) 
( 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
person, or remaining unpaid on the date of the return, are to be set
out.
(2) For all items over twenty-five cents, 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 
                                                          Electoral Division, do hereby
solemnly swear 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                                                             candidature.
Election Agent.
Sworn before me.
Magistrate. 
                         ELECTORAL (POLLING)                   g CAP. 102.              15
FORM OF DECLARATION BY CANDIDATE
I                                                               being a candidate for
election in the                                                  Electoral Division,
do hereby swear 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.
Candidate
Sworn before me.
Magistrate.
