                           REFERENDA  [ CAP. 237.        1
CHAPTER 237 
REFERENDA ACT
To make provision for the taking of referenda.
20th July, 1973
ACT XXXIII of 1973, as amended by Acts XXXV and LVIII of 1974, XI of 1975, XIII of 1983,
VIII of 1996 and XIX of 2002.
ARRANGEMENT OF ACT
Articles 
Part I  Preliminary  1-2 
Part II  Object, Nature and Date of a Referendum  3-5 
Part III  Polling Districts and Notices and Polling Authorities  6-10 
Part IV  Persons entitled to vote  11-12 
Part V  Abrogative Referenda 13-20
Part VI  Miscellaneous and Penal Provisions  21-22
SCHEDULES
First Schedule Declaration for the Holding of a Referendum
Second Schedule  Specific provisions of this Act which override the
General Elections Act
  2      CAP. 237. ]                 REFERENDA 
PART I
PRELIMINARY 
Short title. 1. This Act may be cited as the Referenda Act.
Interpretation. 
Amended by: 
XI. 1975.2;
VIII. 1996.2;
XIX. 2002.4.
2. In this Act, unless the context otherwise requires -
"commissioners" means the members of the Electoral
Commission;
"Constitution" means the Constitution of Malta, 
"Electoral Commission" means the Electoral Commission
established by article 60 of the Constitution;
"electoral division" has the same meaning as it has for the
purposes of the election of members of the House;
Cap. 102.
Cap. 354.
"Electoral Polling Ordinance" means articles 41 to 62 of the
Electoral (Polling) Ordinance (also reproduced as the Fourteenth
Schedule to the General Elections Act;
"Gazette" means the Malta Government Gazette; 
"House" means the House of Representatives;
"Malta" has the same meaning as is assigned to it in article 124
of the Constitution;
"referendum" includes a referendum under this Act and a
referendum under the Constitution;
"referendum under this Act" means a referendum held for any
purpose as provided in article 3(1);
"referendum under the Constitution" means a referendum held
for the purposes of article 66(3) of the Constitution;
 "writ" means the writ issued under article 9. 
PART II
OBJECT, NATURE AND DATE OF A REFERENDUM
Objects of 
referenda.
Amended by:
VIII. 1996.3.
3. (1) Persons entitled to vote in a referendum under this Act
will be called upon to declare:
( a ) whether they approve proposals set out in a resolution
passed for that purpose by the House and published in
the Gazette; or
( b ) whether they agree that a provision of law should be
abrogated in accordance with the provisions of Part V
of this Act,
as the case may be.
(2) Persons entitled to vote in a referendum under the
                           REFERENDA  [ CAP. 237.        3
Constitution will be called upon to declare whether they approve a
bill for an Act of Parliament submitted to them for the purposes of
article 66(3) of the Constitution.
Nature of 
referenda.
Amended by:
XIX. 2002.5.
4. (1) Every referendum shall be common, equal, secret and
free.
(2) The question or questions to be put to those entitled to vote
shall be so framed that they can be answered with either yes or no;
and the ballot paper on which the vote is to be recorded shall be in
such form that each such question may be so answered.
(3) The space in the ballot paper in which a vote is to be
recorded shall have a coloured border: the border of the space in
which an affirmative vote is to be recorded shall be coloured in one
particular colour, and the border of the space in which a negative
vote is to be recorded shall be coloured in a different colour.
(4) Where voters are asked to vote on more than one question
in the same referendum, the parts of the ballot paper referring to
each separate question shall be printed in a colour different from
that in which the other parts of the ballot paper are printed.
(5) The form of the ballot paper shall be that approved by the
Electoral Commission.
Day of a 
referendum. 
Amended by: 
LVIII. 1974.68.
Substituted by:
XIX. 2002.6.
5. The day of a referendum shall be fixed by the President of
Malta, so however that a minimum of five weeks shall lapse
between the publication of the Writ and the day of the polling.
PART III
POLLING DISTRICTS AND NOTICES AND POLLING AUTHORITIES
Polling district.
polling district.
(2) Unless the House otherwise resolves, the whole of Malta
shall be one polling district. Where the House resolves that the
question is to be put only to voters registered in any one or more
electoral divisions, that division or those divisions shall form the
polling district.
Electoral 
Commission to be 
polling authority.
7. Every referendum shall be conducted and shall be subject
to the direction and supervision of the Electoral Commission.
Powers of 
Electoral 
Commission.
8. In the exercise of their functions and duties under this Act
the Electoral Commission and the commissioners shall have the
same powers, privileges and immunities as they have in the
exercise of their functions in regard to the conduct of the election
of members of the House.
Notice of day of a 
referendum. 
Amended by: 
LVIII. 1974.68.
9. (1) Whenever a referendum is to be held, notice thereof
and of the day fixed by the President of Malta for the referendum
shall be given to the commissioners by a writ under the hand of the
  4      CAP. 237. ]                 REFERENDA 
President of Malta.
(2) The Chief Electoral Commissioner shall cause the writ to
be published in the Gazette.
Conduct of 
referenda.
Substituted by:
XIX. 2002.7.
Cap. 354.
Cap. 102.
10. (1) Save as otherwise provided in the Second Schedule, the
provisions of the General Elections Act and of the Electoral Polling
Ordinance shall apply to the conduct of referenda.
(2) The Electoral Commission may, from time to time, issue
directives interpreting, as may be necessary, the provisions of the
General Elections Act and the Electoral Polling Ordinance in their
application to refrenda under this Act. Such directives shall be
published in the Gazette as soon as may be after they are issued:
Provided that any directive so issued shall enter into force
immediately even before its publication.
PART IV 
PERSONS ENTITLED TO VOTE
Persons entitled to 
vote. 
Substituted by:
XI. 1975.3.
Amended by:
XIX. 2002.2, 8.
11. All persons who, on the date of the publication of the writ
to which a referendum refers, are entitled to vote for the election of
members of the House shall be entitled to vote in that referendum:
Provided that, where, in a referendum under this Act, the
House has resolved that the question is to be put only to voters in
any one or more electoral divisions, the persons entitled to vote in a
referendum held on that question shall be those persons only who
are entitled to vote in that division or in those divisions, as the case
may require.
Each voter to have 
one vote.
Amended by:
XIX. 2002.2.
12. Every person entitled to vote in a referendum shall have
only one vote.
Added by:
VIII. 1996.5.
Amended by:
XIX. 2002.2.
PART V
ABROGATIVE REFERENDA
Laws subject to be 
abrogated by 
referenda.
Amended by:
XIX. 2002.2.
13. (1) Any provision of any enactment, whether enacted
before or after the coming into force of this Part, and not being an
enactment listed in subarticle (2), shall have effect and continue to
have effect subject to the provisions of this Part of this Act.
(2) The provisions of this Part of this Act shall not apply to this
article and to the following enactments:
( a ) the Constitution and any regulation made under any
provision thereof;
Cap. 319. ( b ) the European Convention Act;
                           REFERENDA  [ CAP. 237.        5
( c ) any law providing for the matters referred to in article
56(8)( a ), ( b ) or ( c ) of the Constitution;
Cap. 249.
Cap. 354.
( f ) any fiscal legislation;
( g ) any legislation giving effect to any treaty obligation
undertaken by Malta; and
Cap. 363.
Act, any bye-law made by any local council under the
said Act.
(3) For the purpose of this article, "enactment" means an Act of
Parliament and any Act passed by the Legislature of Malta and
includes any Code, Ordinance, Proclamation, Order, Rule,
Regulation, Bye-law, Notice or other instrument having the force of
law in Malta.
Electors may 
demand 
referendum.
Amended by:
XIX. 2002.2.
14. (1) Any number of persons registered as voters for the
election of members of the House of Representatives, being not less
than ten per cent of the total number of persons registered as voters
as appear in the revised Electoral Register last published before the
delivery of the declaration in accordance with subarticle (2), may
by signing a declaration in the form set out in the First Schedule
demand that the question whether one or more provisions of an
enactment to which this Part applies, shall not continue in force,
shall be put to those entitled to vote in a referendum under this Act.
(2) The declaration made in accordance with subarticle (1)
shall be delivered to the Electoral Commission which shall
ascertain whether the number of voters required in accordance with
subarticle (1) has signed the declaration.
(3) The Electoral Commission shall within fifteen days from
the delivery of the declarations referred to in subarticle (1)
ascertain the number of persons, qualified in accordance with
subarticle (1), who have signed the declarations, and shall within
the said period of fifteen days deposit the said declarations by
means of a note in the registry of the Constitutional Court, stating
in the note the number of valid signatures appearing on the
declaration, as well as the number of invalid signatures and the
reason for such invalidity, together with a statement indicating
whether the number of persons required in accordance with
subarticle (1) has signed the declaration.
(4) The determination by the Electoral Commission of the
number of persons who have validly signed the declaration shall be
final and conclusive.
(5) The Constitutional Court shall, through the Registrar not
later than two days after the deposit referred to in subarticle (3),
cause a notice to be published in the Gazette stating the date when
the declaration has been delivered in the Registry of the said court,
the provisions of the enactments upon the continuance in force
which the question is demanded to be put to a referendum under
this Part, and the number of persons as stated by the Electoral
  6      CAP. 237. ]                 REFERENDA 
Commission to have validly signed the declaration.
Form of 
declaration.
Amended by:
XIX. 2002.2.
15. (1) The declaration referred to in article 14 shall, together
with the signature of each voter, show the identity card number of
the voter signing it, his address and the electoral district wherein he
is registered as a voter.
(2) The proposers of the referendum, being not less than five
and not more than ten, shall sign the declaration before all other
persons indicating that they are signing the same as proposers.
(3) The Electoral Commission shall have a right to ascertain
that the persons actually appearing as signatories of the declaration
have in fact signed it, and any signature which does not result to
have been made by the person appearing to have made it shall be
ignored by the Electoral Commission.
Voters may oppose 
referendum.
Amended by:
XIX. 2002.2.
16. (1) Any person registered as a voter for the election of
members of the House of Representatives and the Attorney General
on behalf of the Government may, within three months from the
publication of the notice referred to in article 14, file an application
in the registry of the Constitutional Court, requesting the said court
to declare that the referendum should not take place on the grounds
that -
( a ) the number of persons stated by the Electoral
Commission to have validly signed the declaration is
less than that established in article 14(1); or
( b ) the provision of the enactment referred to in the
declaration is one to which the provisions of this Part
of this Act do not apply in accordance with article
13(2); or
Cap. 319.
( c ) were the provisions of the enactment referred to in the
declaration not to continue to apply, the law would be
incompatible with any of the provisions of the
Constitution or of the European Convention Act; or
( d ) the time fixed in article 20(2) before the declarations
requesting the referendum may be made had not
elapsed when the declarations were filed with the
Electoral Commission.
(2) No person making an application in accordance with
subarticle (1) shall be required to show any personal interest in
support of his action.
(3) Any application filed in accordance with subarticle (2),
shall be served on -
( a ) the Prime Minister;
( b ) the Leader of the Opposition;
( c ) the proposers of the referendum; and
( d ) any other person making an application in accordance
with subarticle (1).
(4) Every person served with an application in accordance with
subarticle (3) shall have a right to file a reply in the registry of the
                           REFERENDA  [ CAP. 237.        7
Constitutional Court within one month from service, and such
replies shall be served on the persons referred to in subarticle (3)( a )
to ( d ) within ten days of filing.
(5) For the purpose of this article service shall be effected by
the delivery by registered mail of the document to be served, and
shall be deemed to have been so made two days after posting the
document to be served in an envelope addressed in the case of the
Prime Minister and the Leader of the Opposition at the office of the
Clerk of the House of Representatives, in the case of the proposers
at the address indicated by them in the declaration and in the case
of a person making an application in accordance with subarticle
(1), at the address shown in the application.
Constitutional 
Court shall 
determine 
applications.
Amended by:
XIX. 2002.2.
17. (1) As soon as may be after the service of the replies
referred to in article 16(3), the Constitutional Court shall, unless it
considers that such hearing is not required as the applications and
replies are sufficiently clear and do not require further submissions,
fix a date for the hearing of submissions on the applications made
to in accordance with article 16, and shall cause to be published by
the Registrar a notice in the Gazette stating the place, time and date
where the hearing is to be held.
(2) The notice referred to in subarticle (1) shall be published
not later tan ten days before the date of the hearing and not later
than one month after the service of the replies.
(3) On the date of the hearing all the persons served with a
reply shall have a right to be present and make further submissions
in favour or against any application made in accordance with article
16. In such submissions the Constitutional Court shall forbid
anything that is merely a repetition of what is contained in the
applications and the replies.
(4) The Constitutional Court shall hear all submissions on the
day fixed for the hearing, and if there is not sufficient time on that
date it shall adjourn the hearing to the next day, not being a
Saturday, Sunday or a public holiday, and shall so continue hearing
all submissions until all submissions have been made.
(5) After all submissions have been made in accordance with
subarticle (4), the Constitutional Court shall adjourn the hearing of
the applications to a date not later than one month when it shall
deliver its decision.
(6) Where no date has been appointed for the hearing of
submissions the Constitutional Court shall, within the time referred
to in subarticle (2), cause to be published a date being not later than
two months after the date of service of the replies, on which it shall
deliver its decision.
(7) On the date fixed for the delivery of the decision the
Constitutional Court shall decide whether any of the grounds for
not holding of the referendum exists and if no such grounds exist it
shall decree that the referendum may be held. Where the
Constitutional Court decides that grounds exist for not holding the
referendum such referendum shall not be held, and the Electoral
Commission, upon the service of a copy of the judgment upon it,
  8      CAP. 237. ]                 REFERENDA 
shall cause a notice to that effect to be published in the Gazette.
Date for polling in 
referendum.
Amended by:
XIX. 2002.2.
18. (1) A copy of the decision of the Constitutional Court
shall be delivered personally to the President of Malta by the
Registrar not later than ten days after its delivery, and thereupon
the Registrar shall publish a notice in the Gazette stating the date
when the copy was so delivered to the President.
(2) Where the Constitutional Court has decided that a
referendum may be held, the President shall fix a day for it, being a
date not earlier than three months and not later than six months
after the copy of the decision of the Constitutional Court shall have
been delivered to the President in accordance with subarticle (1),
and the President shall issue a writ in accordance with this Act
accordingly.
Where referendum 
shall not be held.
Amended by:
XIX. 2002.2.
19. (1) Notwithstanding any other provision of this Part, a
referendum under this Part shall not be held if -
( a ) the provision upon the repeal of which a referendum
was to be held has, before the date fixed for polling,
been amended or repealed; or
( b ) between the handing of the copy of the decision of the
Constitutional Court and the date fixed for polling,
Parliament is dissolved.
(2) Where a referendum is not to be held in accordance with
subarticle (1) the President of Malta shall issue a Proclamation
accordingly.
Result of 
referendum.
Amended by:
XIX. 2002.2.
20. (1) Where the majority of voters, voting in a referendum
under this Part, approve the proposal regarding the provision of the
enactment the repeal of which is requested, the said provision shall
no longer have effect and the President of Malta shall issue a
Proclamation accordingly:
Provided that such proposal shall be deemed not to have
been approved if less than fifty per cent of those entitled to vote in
the referendum plus one, will have cast their vote.
(2) Where the majority of voters have not approved a proposal
as is referred to in subarticle (1), the relative provision of the
enactment shall continue to have effect, and no new declaration as
provided in article 14 with respect to the same provision may be
made before the lapse of two years from the publication of the
result of the referendum.
                           REFERENDA  [ CAP. 237.        9
Amended by:
XIX. 2002.2.
PART VI 
MISCELLANEOUS AND PENAL PROVISIONS
Appropriation of 
moneys required 
for the purposes of 
this Act.
Amended by:
XIX. 2002.2.
21. (1) The Minister responsible for finance may, from time to
time, by warrant under his hand addressed to the Accountant
General, authorise and direct that all such moneys as may be
necessary for meeting any expense required to be incurred in the
carrying out of the provisions of this Act be paid out of the
Consolidated Fund without any further appropriation than this Act.
(2) A statement of the amounts so paid shall, as soon as
practicable, be laid on the Table of the House.
General penalty. 
Amended by: 
XIII. 1983.5;
XIX. 2002.2.
22. Save as otherwise expressly provided in this Act or in any
other law, any person who contravenes or fails to comply with any
provision of this Act, which he is by this Act required to observe or
comply with, shall be guilty of an offence and shall on conviction
be liable to a fine ( multa ) of not less than two liri and not exceeding
fifty liri.
  10      CAP. 237. ]                 REFERENDA 
Added by:
VIII. 1996.9.
Amended by:
XIX. 2002.2.
FIRST SCHEDULE
[ARTICLE 14]
REFERENDA ACT
Declaration for the Holding of a Referendum
Cap. 237.
We the undersigned persons being persons registered as voters
for the election of members of the House of Representatives (the
first * (1)   ..............persons undersigned being the proposers) demand
that the question whether the following provisions of law, that is to
say * (2) 
.......................................................................................................
.......................................................................................................
.......................................................................................................
.......................................................................................................
should not continue in force shall be put to those entitled to vote in
a referendum under Part V of the Referenda Act.
Notes:
Cap. 237.
(1)   a number not being less than five and not more than ten
being proposers in terms of article 15(2) of the Referenda
Act.
(2) insert here the details of the provisions on which the
question is to be put.
Signature Identity Card No. Address Electoral Division
                           REFERENDA  [ CAP. 237.        11
Added by:
XIX. 2002.9.
SECOND SCHEDULE
[ARTICLE 10]
Provisions regulating the Conduct of Referenda
Interpretation.
Cap. 354.
Cap. 102.
Application of Act.
(1) unless otherwise determined by the Electoral
Commission because of their context, references
therein to "election" "general election" or "election of
the Members of the House" were references to
"referendum";
(2) the definition of "political party" in article 2(1) thereof
were substituted by the following:
" "political party" means 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.";
(3) the reference to "the number of electoral divisions
being contested by it" in article 61A(1) thereof were a
reference to the number of electoral divisions involved
in the referendum;
(4) the words "set out in Schedule 8(B) of this Act" in
article 68(3) thereof were deleted;
(5) article 71 thereof were substituted by the following:
"71. (1) Each voter shall have one vote and shall
indicate his choice by placing on the ballot
paper an "X" or other mark either over the box
indicating an affirmative vote or over the box
indicating a negative vote:
Provided that a vote shall not be invalid if
the mark is not over the box but is placed in such
manner that in the opinion of the Commission it
clearly indicates the choice of the voter.
(2) A ballot paper shall be invalid in which:
( a ) an "X" or other mark indicating the choice
of the voter is not placed; or
( b ) an "X" or other mark indicating the choice
of the voter is placed over both boxes; or
( c ) it cannot be determined with certainty over
which box the "X" or other mark is placed;
or
( d ) any writing or mark is placed by which the
voter can be identified; or
( e ) the official mark of the Commission is not
made.";
  12      CAP. 237. ]                 REFERENDA 
(6) in article 72(4) thereof the words from "and following
the procedure" to the end thereof were substituted by
the words "after the Assistant Commissioner has read
to the voter the question put and asked him whether he
would like to vote "Yes" or "No".";
(7) article 77(2) thereof were substituted by the following:
"(2)  A mixed polling place is a polling place which
contains a ballot box in which the voters
mentioned in subarticle (4)( a ) and ( b ) shall
vote.";
(8) in article 86(10) thereof the period of preservation of
the papers and documents therein mentioned were five
years from the day of publication of the official
results;
(9) in article 89(2) thereof the words "the number of
candidates presented by it to contest the election" were
substituted by the words "the number of counters being
used by the Commission at any one time";
(10) in article 107(1) thereof the period for which the
papers shall be kept were five years from the date of
the referendum;
(11) in articles 108 and 115(1) thereof the words from "the
right of any person" to the words "to the House" were
substituted by the words " the legality of the
referendum";
(12) in the Sixth, Tenth and Eleventh Schedules thereto for
the words "an election of Members of the House of
Representatives" wherever they occur there were
substituted the words "a referendum";
(13) the Thirteenth Schedule were amended as follows:
( a ) regulations 2, 7(3) and (4), and 8 to 22, both
inclusive, were deleted;
( b ) in regulation 3 the words "first preference" were
substituted by the word "mark";
( c ) in regualtion 4(5) the words "indicating the
candidate to which the first preference has been
given" were substituted by the words "indicating
the choice of the voter"; and
( d ) in regulation 7 references to "candidates" and
"trays" were references to the choice given to the
voter between a "Yes" and a "No" vote;
(14) articles 15 to 44, 45(a), 49(3) to (8), 51 to 55, 60,
68(2), 71(1) to (3), 104(2) to (4), 105(2), 106(3),
107(3), 109 and 112(1)( a ), and the Second, the Third,
the Fourth, the Fifth, the Eighth, the Eighth (B), the
Ninth and the Twelfth Schedules thereof were deleted;
and
(15) all references therein to "electoral divisions",
"candidates", "transfer of votes" and "first preference"
                           REFERENDA  [ CAP. 237.        13
were deleted.
Application of 
Ordinance.
3. The Ordinance shall apply to referenda as if articles 41 to
52 and 58 to 62 thereof were deleted and references therein to
"election" and "election of a Member of the House" were
references to "referendum".".
