   GENERAL ELECTIONS   [ CAP. 354.        1
CHAPTER 354
GENERAL ELECTIONS ACT
To make provision for the qualification of voters, the constitution of Electoral Divisions,
the method of registration of voters and the Election and Co-option of Members of
Parliament.
27th September, 1991
ACT XXI of 1991 as amended by Acts XXIV of 1995 and XV of 1996; Legal Notice 178 of
1996; and Acst VI of 2001 and XVI of 2002.
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 
  2      CAP. 354. ]                GENERAL ELECTIONS
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
   GENERAL ELECTIONS   [ CAP. 354.        3
PART I 
General Provisions
Short title.
Interpretation.
Amended by:
XV. 1996.2;
XVI. 2002.2.
2. (1) In this Act and in any regulations made thereunder,
unless the context otherwise requires -
"ballot box" means a box wherein voters are obliged to place
their marked ballot papers;
"Commission" shall mean the Electoral Commission established
by article 60 of the Constitution;
"House" means the House of Representatives established by the
Constitution;
Cap. 258.
"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
nominated by each of them, to use on the ballot paper prior to
giving such ballot paper to the voter and may be of such form as
each of them may determine provided that it may not in any way
constitute any form of propaganda and the marks of the political
parties shall not be necessary for the validity of the ballot paper.
Political parties opting to use official marks shall deposit an
imprint of the stamp to be so used at least one hour before the start
of the poll;
"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;
"voting compartment" means such part of a polling booth
wherein voters are to mark their ballot papers, and which is to be
furnished with an adequate writing surface and instruments for
such purpose; 
"voting document"' means the voting document which is to be
forwarded to voters in terms of article 46.
(2) Whenever by this Act a penalty is attached to the
performance of any act "before, during or after", an election, no
account shall be taken of anything done earlier than - 
  4      CAP. 354. ]                GENERAL ELECTIONS
( 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.
3. (1) The Commission may make regulations not
inconsistent with or repugnant to, the provisions of this Act, for
prescribing any form or procedure for which no express procedure
is contained in this Act, for amending the forms contained in the
schedules to this Act and, generally, for carrying the provisions of
this Act into effect. The Prime Minister shall upon the publication
of such regulations lay the same upon the Table of the House.
(2) The Minister responsible for justice may by regulations
under this subarticle establish the fees payable in the registries of
the Courts of Magistrates (Malta) and the Court of Magistrates
(Gozo) in connection with the filing of appeals and applications to
Revising Officers under this Act:
Cap. 12.
Provided that until such fees are so established by the
Minister, the fees contained in Schedule A to the Code 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
with this Act, governing appeals and applications to Revising
Officers.
Appropriation of 
moneys required 
for the purposes of 
this Act.
4. (1) The Minister responsible for finance shall, from time to
time by warrant under his hand addressed to the Accountant
General, authorise and direct that all such moneys as are reasonably
required for meeting any expenses lawfully incurred in the
execution of the provisions of this Act be paid out of the
Consolidated Fund without any further appropriation other than
this Act.
(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.
5. Where any period of time prescribed by any of the
provisions of this Act for carrying into effect any procedure is in
the opinion of the President of Malta, insufficient for the purpose,
the President of Malta may, by notice published in the Gazette,
extend such period as he may deem necessary.
Delivery of 
applications or 
communications to 
the Commission 
regarding the 
registration or 
transfer of votes.
Amended by:
XV. 1996.5.
6. (1) All applications which may be made to the
Commission under this Act regarding the registration, cancellation,
correction or transfer of a voter may either be delivered to the
Electoral Office or to the Local Council office wherein the voter
resides or to any police officer in any police station in Malta or
Gozo, or forwarded to the Commission free of any charge for
posting.
   GENERAL ELECTIONS   [ CAP. 354.        5
(2) Every Local Council secretary and every police officer to
whom an application as is referred to in subarticle (1) hereof is
delivered shall give a receipt to the person delivering the
application, write on the application the date on which the
application is received and shall forward the application forthwith
to the Commission.
(3) The Commission shall give or forward to each applicant a
receipt in respect of each such application received by it.
(4) Any notice or other written communication which may be
made by the Commission under this Act may be forwarded through
the post and shall be deemed to have been received by the person to
whom it was addressed on the day on which a letter regularly
posted would in the normal course of postage have been received:
Provided that any notice or written communication sent by
the Commission to any person regarding his rights as a voter shall
be sent by registered post.
(5) It shall be the duty of the Electoral Commission to ensure
that an adequate supply of forms is available at all times at Local
Council offices and at police stations.
PART II
Electoral Commission and Office
Electoral 
Commission.
Amended by:
XV. 1996.6;
XVI. 2002.3.
7. (1) The registration, transfer, correction and cancellation
of voters, the compilation of the Electoral Register, the election of
members of the House of Representatives and the administration of
the Electoral Office shall be the sole responsibility of the
Commission established by article 60 of the Constitution. The
Chief Electoral Commissioner shall be responsible for the day to
day running of the Electoral Office and for the implementation of
the decisions of the Commission.
(2) The Commission shall be composed of the Chief Electoral
Commissioner as chairman and eight members as Electoral
Commissioners.
(3) The Electoral Commission shall be a body corporate having
a distinct legal personality and shall be capable, subject to the
provisions of this Act, of entering into contracts, of acquiring,
holding and disposing of any kind of property for the purposes of
its functions, of suing and being sued, and of doing all such things
and entering into all such transactions as are incidental or
conducive to the exercise of its functions under this Act.
(4) The legal representation of the Commission shall vest in the
Chief Electoral Commissioner or in such other member or such
other members of the Commission, as the Commission may
establish by resolution, which resolution shall not come into force
before it is published in the Gazette.
Oaths to be taken 
by Commissioners.
8. The Commissioners shall, on their appointment, take
before the Attorney General the oath of allegiance set out in the
Constitution and the oath of office set out in the First Schedule of
  6      CAP. 354. ]                GENERAL ELECTIONS
this Act.
Powers of 
commissioners.
9. (1) In the execution of their duties under this Act, the
Commissioners shall, in the absence of any express provision in
this Act contained, do all such things as appear to them to be
necessary for the performance of their duties.
(2) In the execution of their duties under this Act, the
Commissioners shall have the powers conferred by law on the
Courts of Magistrates for the purpose of enforcing order at their
sittings and ensuring the respect due to them.
Party Delegates.
Amended by:
XV. 1996.7;
XVI. 2002.4.
10. (1) Every political party shall have the right to nominate
two delegates (hereinafter referred to as the "party delegates") to
the Commission.
(2) Party delegates shall represent the political party
nominating them with the Commission and shall have the right in
general to be informed in writing at least once a month of all
sittings of the Commission and decisions taken thereat.
(3) The party delegates shall notwithstanding the provisions of
any other law, have full and free right of access to the Electoral
Office, to all records kept therein, to be given copies thereof in
written or electro-magnetic format, and to check, verify and obtain
any information regarding the work of the Electoral Office;
provided that the Commission shall have the right to nominate an
official of the Commission to accompany such delegates at all
times.
(4) The party delegates shall continue in office until removed
by the political party nominating them.
(5) Party delegates shall have the right to seek and obtain from
the Commissioners as well as from any other official connected
with the running, supervising or security of the elections or of any
aspect thereof, information showing whether or not such persons
are taking adequate measures to comply with the provisions of the
law in the forthcoming elections, and the Commissioners or such
other persons shall, notwithstanding any other law or regulation, be
bound to furnish such information immediately.
(6) Notwithstanding any provision in this Act granting party
delegates and political parties the right to seek and obtain
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
official mark used by the Commission on ballot papers. The
information, documents or lists shall be given to the party delegates
orally or in written, printed or electronic format as the delegates
may require and the Commission is technically able to provide.
Where the information, documents or lists are of a confidential
nature the party delegates shall have the same obligations as to
secrecy as the person from whom such information, documents or
lists are obtained.
   GENERAL ELECTIONS   [ CAP. 354.        7
Establishment of 
Electoral Office. 
Amended by:
XV. 1996.8.
11. (1) There shall be an Electoral Office for the purpose of
effecting the registration, transfer and cancellation of voters, the
organisation required for the running of elections and all such
administrative work as may be required by the Electoral
Commission.
(2) The Electoral Office shall be staffed by persons in the
public service and whilst serving in the Electoral Office such
persons shall only be responsible to the Commission in matters
concerning the preparation for and the running of general elections.
(3) The Commission is to ensure that there is full observance of
procedures of control and security, especially with regards to
access of terminals, the introduction, use and processing of
information and in the printing of documents of identification. The
Commission is also to ensure that the Electoral Register database
includes only the details of those persons eligible to vote. The
parties are further to have the right, prior to the carrying out of any
electro-magnetic process during the electoral process, to demand
the holding of a dummy run in order to ascertain the validity of the
said electro-magnetic process.
Oath to be taken by 
staff of Electoral 
Office and power 
to administer oath.
12. (1) The staff of the Electoral Office shall, on their
appointment, take an oath before the Chief Electoral
Commissioner, that they will faithfully perform the duties of their
office according to law.
(2) Any one of the Commissioners and any other officer
authorised by the Commission on their behalf, may administer an
oath to any person whenever they shall deem the taking of an oath
to be necessary for the purpose of making enquiries according to
this Act.
Appointment of 
Revising Officers.
Amended by:
XV. 1996.9.
13. (1) By virtue of this Act all Magistrates serving in the
Court of Magistrates (Malta) and the Court of Magistrates (Gozo)
shall be deemed to be Revising Officers.
(2) Revising Officers may hold sittings in any court or in any
Local Council office for the purpose of dealing with any
application or appeal regarding the registration, transfer,
correction, or cancellation of any voter.
(3) All such applications or appeals to a Revising Officer shall
be signed by the applicant or by any person on behalf of and
authorised by the applicant or appellant or by an advocate or legal
procurator and shall be filed in the Registry of the Court of
Magistrates (Malta) or the Court of Magistrates (Gozo), as the case
may be.
(4) The Revising Officer shall appoint a day for the hearing of
the application or appeal and shall direct that a copy of the
application or appeal together with the day fixed for the hearing
shall be served on the applicant or appellant, on the Commission
and on any other person whom such application or appeal concerns.
(5) Service shall be effected by registered post. Where any of
the persons to be served with the application or appeal by
registered post is not found, the Revising Officer shall direct that
  8      CAP. 354. ]                GENERAL ELECTIONS
the person shall be served by an officer of the court. Where the
person is not found by such officer of the court, the Revising
Officer shall, on the report of the officer of the court direct that the
application or appeal be posted on the notice board of the police
station and the Local Council office of the locality in which the
person concerned resides and to be published twice in all local
daily newspapers and where necessary, shall appoint another day
for the hearing.
(6) Service on all the persons concerned shall be effected at
least three days before the day fixed for the hearing of the
application or appeal.
(7) If the applicant or appellant shall fail to appear on the day
appointed for the hearing and is not represented by an advocate or
legal procurator or other person, the application or appeal shall be
considered as abandoned.
(8) In the case of an application for the removal of the name of
a person from the Electoral Register, if such person shall fail to
appear on the day appointed for the hearing and is not represented
by an advocate or legal procurator or other person, the application
may be decided in default.
(9) In the case of an application or appeal based on the grounds
of mental infirmity the Revising Officer shall, notwithstanding the
absence of the applicant or appellant or of an advocate, legal
procurator or other person representing him, refer the application or
appeal to the Medical Board for determination.
(10) In determining the application the Revising Officer shall
state the reasons for his decision and the applicant or appellant, the
Commission or the voter concerned shall have the right to appeal to
the Court of Appeal on any point of law by means of an application
filed within seven days of the delivery of the decision by the
Revising Officer.
(11) No fee shall be charged in the Registry on any application
or appeal, for the service thereof, for any other proceeding in
consequence thereof or for any decision thereon.
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 Commission, who shall act as chairperson, and a doctor
appointed by each of the political parties. The Medical Board shall
be deemed to be validly constituted once the chairperson or any one
of the members is appointed.
   GENERAL ELECTIONS   [ CAP. 354.        9
PART III 
Voters
Qualification of 
voters.
15. Subject to the provisions of the next following article, a
person shall be entitled to be registered as a voter for the election
of Members of the House if, and shall not be entitled to be
registered unless, he has the qualifications required by article 57 of
the Constitution and provided he is not so disqualified in terms of
article 58 of the Constitution or in accordance with the provisions
of this Act.
Right to vote at 
elections.
Amended by:
XV. 1996.10.
16. (1) Subject to the following provisions of this Act every
person registered as a voter in an electoral division shall, while so
registered, be entitled to vote at the election of Members of the
House for that division.
(2) No person shall vote at the election of Members of the
House in any division other than a division in which he is
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
Electoral Divisions 
and number of 
Members of 
Parliament.
17. (1) For the purpose of the election of members of the
House, the Island of Malta and its Dependencies shall be divided
into thirteen electoral divisions.
(2) Subject to the provisions of article 52(1) of the Constitution
the House shall consist of sixty-five members, each electoral
division returning five members.
(3) The boundaries of the electoral divisions referred to in
subarticle (1) shall be those established in accordance with article
61 of the Constitution.
(4) Any change in the number of electoral divisions, or in the
boundaries thereof, or in the number of Members of the House shall
have effect as provided in article 61(2) and (3) and article 66(6) of
the Constitution:
Provided that, where an alteration to the boundaries of the
electoral divisions has been published under article 61(3)( d ) of the
Constitution, nothing in this subarticle shall be construed as
preventing the publication of a revised electoral register or
preventing any other requirement under this Act connected with the
registration of voters being carried out in accordance with such
alteration, before the dissolution of Parliament upon which the
alteration comes into effect.
Method of 
Election.
18. The election of Members of the House shall be according
to the principle of proportional representation, each voter having
one transferable vote.
  10      CAP. 354. ]                GENERAL ELECTIONS
PART V
 Registration of Voters
Enquiries by 
Commission. 
Amended by:
XV. 1996.11.
19. (1) The Commission shall make all such enquiries, and
require from any person such information, as it may deem
necessary for the purpose of determining whether a person is
entitled to be registered as a voter or to remain so registered or
where he is to be registered.
(2) The Electoral Commission shall ensure that adequate staff
are deployed for the specific purpose of verifying voter
qualifications and registration and shall carry out such verification
both with the voter and other persons who may provide the
necessary information as well as with any government departments
which may have relevant information.
Duty of 
Government 
officers to give 
information. 
Amended by:
XXIV. 1995.362;
XV. 1996.12..
20. (1) All public officers in the service of the Government of
Malta and all officers of bodies corporate established by law are,
notwithstanding the provisions of any other law, hereby authorised
and required to furnish to the Commission all information that it
may require in order to be able to determine whether a person is
entitled to be registered as a voter or to remain so registered.
(2) The Commissioner of Police shall assist the Commission by
causing enquiries to be made, information to be collected, and
claims to be checked and in such other manner as may be
necessary.
(3) The public officer or officers responsible for the Public
Registries of Malta and Gozo shall, within the first five days of
each month, forward to the Commission a list containing the name,
surname, 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 contracted 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 Commission a list
containing the name, surname, identity card number, if any, and
other particulars of each person who has been interdicted for
reasons of mental incapacity by a competent court as well as a list
containing similar particulars of all persons who have been
sentenced by any Court in Malta to imprisonment (by whatever
name called) for a term exceeding twelve months or to such a
sentence of imprisonment the execution of which has been
suspended.
(5) Any public officer or other person responsible for any
prison in Malta shall within the first five days of each month
forward to the Commission a list containing the name, surname,
identity card number, if any, and other particulars of any person
who has been released from prison in the preceding month.
   GENERAL ELECTIONS   [ CAP. 354.        11
(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.
Application for 
registration.
 21. (1) Any person who has the requisite qualifications to vote
at elections of members of the House may apply for registration to
the Commission in the form set out in the Second Schedule to this
Act; provided that the Commission shall register as a voter any
person who is entitled to be so registered whether or not such an
application has been made.
(2) The Commission shall refuse an application, by a person to
be registered as a voter and the Commission shall not, on its own
initiative in accordance with 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.
Method of 
registration.
22. A person who is qualified to be registered as a voter shall
only be registered in the division and under the address at which he
ordinarily resides:
Provided that if it is proved to the satisfaction of the
Commission that any person is not registered in the division and
under the address at which he ordinarily resides, the Commission
shall not have the right to cancel the registration of such person but
shall apply the provisions of article 23.
Transfers and 
corrections.
23. Any person registered as a voter and who requires any
correction in his designation or other particulars or to have his
name transferred to another address or electoral division may apply
to the Electoral Commission in the form set out in the Third, Fourth
or Fifth Schedule to this Act, as the case may be:
Provided that such correction or transfer shall be made by
the Commission whether or not any such application has been
made, either on its own initiative or following the application by
any other registered voter, hereinafter referred to as the applicant,
if it is satisfied that such correction or transfer is justified and
provided that it shall first communicate its decision in writing to
the person to whom it relates and to the applicant, if any, either of
whom shall have the right to appeal to a Revising Officer.
Cancellation of 
registration.
24. Where the Commission is satisfied following the
application by any other registered voter, hereinafter referred to as
the applicant, or on its own initiative, that any person who is
  12      CAP. 354. ]                GENERAL ELECTIONS
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.
Decision by 
Commission on 
application for 
registration, 
transfer, correction 
or cancellation.
25. (1) The Commission shall inform the applicant and the
voter concerned of its decisions on any application for registration
as a voter or to correct, to transfer or cancel the registration of a
voter and of any registration, correction, transfer or cancellation
made on its own initiative.
(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.
26. (1) Prior to proceeding to the cancellation of the
registration of any voter in terms of article 24 the Commission shall
by notice in writing require such person to provide such
information or such proof or evidence as it may deem necessary to
establish such person’s right to remain registered as a voter and if
such person fails, within ten days of the posting of such notice by
the Commission, to provide in writing such information, proof or
evidence to the satisfaction of the Commission, the Commission
may cancel his registration or expunge his name from the Electoral
Register:
Provided that in the case of a person’s total failure to
answer the aforesaid notice within the aforesaid period of time, the
Commission shall not proceed to cancel his registration or expunge
such person’s name from the Electoral Register before it shall have
served upon such person a further notice in writing to provide such
information, proof or evidence to the satisfaction of the
Commission withina period of ten days from such further notice.
Copies of notices made pursuant to this article shall also be
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 from the Electoral Register, it shall inform the voter
accordingly by means of a letter addressed to him and shall copy
such letter to the party delegates.
   GENERAL ELECTIONS   [ CAP. 354.        13
Refusal or 
cancellation due to 
mental incapacity.
27. (1) The Commission may not refuse an application by a
person to be registered as a voter, or cancel the registration of a
voter, or expunge his name from the Electoral Register in terms of
article 58( a ) of the Constitution before it obtains the decision of the
Medical Board established in terms of article 14 or unless such
person has been interdicted for mental incapacity by a competent
court.
(2) The decision of the Medical Board shall be final and
binding on the Commission and the voter and no appeal shall lie
therefrom.
(3) Decisions of the Medical Board that a voter is of unsound
mind shall be taken by unanimous vote and shall be communicated
in writing to the Commission who shall thereupon inform the voter.
(4) Every public officer shall be in duty bound to provide the
Board with any information it may require regarding the health of
the person whose entitlement to be registered or to continue to be
registered as a voter is being considered.
(5) The Medical Board shall regulate its own procedure. 
Information 
regarding new 
registrations, etc.
Amended by:
XV. 1996.14.
28. The Commission shall, at least, every calendar month give
to each party delegate a list showing new registrations, corrections,
transfers and cancellations carried out by it in virtue of the
preceding provisions of this Act indicating the name and all
particulars of the person concerned and the reason for effecting any
change as well as a list showing any change effected to street
names and all the particulars of voters affected by any such change.
Rights of party 
delegates to 
information.
Amended by:
XV. 1996.15.
29. The party delegates shall have the same powers granted to
the Commission by virtue of article 19 to seek, through the
Commission, information from public officers regarding the
entitlement of a person to be registered as a voter and the duty of
such public officers to give such information shall also apply in
relation to the party delegates. This information is to be given with
all the necessary details and is to be given forthwith. The
Commission shall give a copy of all requests for information and of
all replies also to the other party delegates.
PART VI
Publication of Electoral Register
Electoral Register.
registered as voters for the election of Members to the House in
accordance with the provisions of this Act, shall constitute the
Electoral Register.
(2) The Electoral Register shall be compiled in accordance
with the provisions of this Act.
(3) The Electoral Register shall be compiled in such manner
that the public may be aware of the persons who are registered as
voters, and in such manner to enable the identification of every
voter and giving every voter the opportunity to object to the
inclusion of any other voter in accordance with the provisions of
  14      CAP. 354. ]                GENERAL ELECTIONS
this Act.
Compilation of 
Electoral Register.
Amended by:
XV. 1996.16.
Cap. 363.
31. (1) The Electoral Register shall consist of as many parts as
there are localities, one for each locality, and each locality may be
subdivided into as many parts as the Commission may deem
necessary or convenient. For the purposes of this Part of the Act,
the word "locality" shall have the same meaning assigned to it in
the Local Councils Act.
(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.
32. (1) The Electoral Register shall include all persons who
are entitled to be registered as voters in accordance with the
provisions of this Act, on the day mentioned in the following
article.
(2) The Electoral Register shall not include any person who is
not entitled to be registered as a voter in accordance with the
preceding provisions of this Act, on the day mentioned in the
following article.
Publication of 
Electoral Register.
Amended by:
XV. 1996.17.
33. (1) The Commission shall cause a revised Electoral
Register to be published in the Gazette twice a year, that is to say,
in the month of April and in the month of October. Such Register
shall contain all corrections, additions, transfers and cancellations
as on the thirty-first day of March and the thirtieth day of
September immediately preceding the publication thereof.
(2) The Electoral Register shall be published in two distinct
formats. The first format shall be divided into as many parts as
there are localities whilst the second format shall be divided into as
many parts as there are divisions.
For all the purposes of this Act the Electoral Register
published in the first format shall be considered to be the Electoral
Register required by this Act and changes relative to the
registration of voters in the said register appearing in the said first
format shall also be made and published by the Commission in the
register published in the second format.
(3) Each format of the Electoral Register shall indicate the total
number of voters registered in each locality or division as the case
may be subdivided by street, part of locality or locality as the case
may be, as well as the total number of voters for each locality and
division, as the case may be, that have been added, deleted,
transferred from one locality or division, as the case may be, to
   GENERAL ELECTIONS   [ CAP. 354.        15
another and shall indicate by a distinguishing mark the names of all
voters who have been registered for the first time or who have been
added to the register after their registration had been previously
cancelled by the Commission. Such information shall be given in
such format as the Commission may deem makes it most
comprehensible to the public.
(4) Where the Commission in exercise of its powers under
article 31(1), subdivides any locality it shall show such information
for each part of that locality so subdivided.
(5) The 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
subarticle, where, prior to any dissolution of the House 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.
Additions, 
cancellations and 
corrections by 
Revising Officer.
34. Any additions, cancellations or corrections to the Electoral
Register ordered by a Revising Officer in accordance with the
provisions of this Act shall be published by the Commission in the
Government Gazette and shall form part of the Electoral Register.
Voters at election 
to be those in last 
Electoral Register.
35. Whenever an election is to be held, the voters shall be
those whose names appear in the revised Electoral Register last
published, subject to such additions, cancellations or corrections
ordered by the Revising Officer, and the Commission shall not
have the right to withhold any voting document to any voter who is
so registered unless such voter has died:
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.
  16      CAP. 354. ]                GENERAL ELECTIONS
PART VII 
Appeals to Revising Officer
Appeals in case of 
forced correction 
or transfer.
Amended by:
XV. 1996.18.
36. Any person who has his designation or other particulars in
the Electoral Register corrected or his name transferred to another
address or division by virtue of the power vested in the
Commission by the proviso of article 23 may appeal to a Revising
Officer not later than twenty-one days from the day when he is
officially informed of the decision of the Commission.
Appeals in case of 
refusal of 
application.
Amended by:
XV. 1996.19.
37. Any person whose application to be registered as a voter or
for the correction of his designation or other particulars appearing
in the Register or for the transfer of his name to another address or
division is rejected by the Commission shall have the right to
appeal to a Revising Officer not later than twenty-one days from
the day when he is officially informed of the decision of the
Commission.
Appeals in the case 
of cancellation of 
registration. 
Amended by:
XV. 1996.20;
XVI. 2002.6.
38. (1) Any person whose registration as a voter is cancelled
from the Electoral Register by virtue of the power vested in the
Commission in terms of article 24 shall have the right to appeal to a
Revising Officer.
(2) Such appeal may be filed at any time up to fifteen days
before the date fixed for the election, and any such appeal shall be
allowed if the applicant had, on the day in which he filed the
appeal, all the qualifications to be registered as a voter.
Appeals following 
publication of 
Electoral Register.
39. (1) Any person whose name has not been included in the
Electoral Register and who claims that he has the necessary
qualifications to vote, and, every voter who claims that his
designation, address or other particulars have not been correctly
shown in the Electoral Register may appeal to a Revising Officer to
have his name included in the Electoral Register or to have his
designation, address or other particulars corrected, as the case may
be, not later than twenty-one days after the publication of the
Electoral Register.
(2) A Revising Officer may order the inclusion of a person’s
name in the Electoral Register or the correction of the designation,
address or other particulars in accordance with subarticle (1),
notwithstanding that no prior application may have been made to
the Commission for such purpose.
Appeals by third 
person following 
publication of 
Electoral Register. 
Amended by:
XV. 1996.21.
40. (1) Any registered voter who claims that any other person
whose name appears in the Electoral Register either is not entitled
to be registered as a voter, or, that the relative designation, address
or other particulars are not correctly shown in the Electoral
Register in accordance with the provisions of this Act, shall have
the right to appeal to a Revising Officer not later than twenty-one
days after the publication of the Electoral Register either to have
the name of such voter expunged from the Electoral Register or to
have the designation, address or other particulars correctly shown.
(2) A Revising Officer may order the cancellation of the
registration of such voter or the correction of the designation,
   GENERAL ELECTIONS   [ CAP. 354.        17
address or other particulars in accordance with subarticle (1),
notwithstanding no prior application may have been made to the
Commission for such purpose.
Hearing of appeals.
Amended by:
XV. 1996.22.
41. (1) A Revising Officer shall before determining any
appeal hear the appellant, the Commission and the person, if any,
against whom the appeal is made, and shall admit such other
evidence and hear such other persons as he may consider necessary.
(2) Where the application is for the cancellation of the
registration of a voter on the grounds of mental infirmity, the
Revising Officer shall forthwith refer such application to the
Medical Board referred to in article 27.
(3) The provisions of 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.
Adjournment of 
pending appeals.
Amended by:
XV. 1996.23.
42. Revising Officers and the Court of Appeal shall adjourn
sine die  the consideration of all applications filed under the
provisions of this Act and still pending fourteen days before the
date fixed for the election.
Certificates to be 
forwarded to 
Commission.
Amended by:
XV. 1996.24.
43. The registrar of each of the Courts of Magistrates shall
without delay forward to the Commission a certificate signed by
the registrar personally giving the names, addresses and particulars
of all persons who, by order of the Revising Officer are to be added
to or expunged from the Electoral Register or whose designation,
address or other particular are to be corrected and the Commission
shall revise the Electoral Register accordingly. Copies of such
certificates shall be sent by the Commission to the party delegates
within five days of their receipt and shall be published in the
Gazette as soon as possible.
PART VIII
Notices, Voting Documents and Ballot Papers
Election Writ.
give notice thereof to the Commissioners by a Writ under his hand,
hereinafter referred to as "the Writ" in the form set out in the Sixth
Schedule to this Act.
(2) The Commissioners shall cause the Writ to be published in
the Gazette.
Notice to be 
published by 
Commissioners.
Amended by:
XV. 1996.25.
45. Within three days of the publication of the Writ, the
Commissioners shall cause a notice or notices to be published in
the Gazette stating:
( a ) the place where, and date and time when, the
Commissioners will be in attendance to receive
nominations of candidates for election as Members of
  18      CAP. 354. ]                GENERAL ELECTIONS
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.
46. (1) Within nineteen days of the publication of the Writ,
the Commission shall forward to each voter, whose name appears
in the last revised Electoral Register, a document hereinafter
referred to as the "voting document" in the form set out in the
Seventh Schedule to this Act and made of such security paper and
material and in such manner as in the opinion of the Commission
provides adequate security against forgery. Voting documents shall
be numbered consecutively, each document having such distinctive
number stamped on the face of it:
Provided that wherever the Commission is satisfied that a
person whose name appears on the Electoral Register is dead, the
relative voting document shall not be forwarded, and where such
voting document has been forwarded the Commission shall
withdraw it:
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.
   GENERAL ELECTIONS   [ CAP. 354.        19
(2) The political parties shall be granted all reasonable
facilities to watch the printing of all voting documents, to check the
exactness thereof and generally to ensure that only voting
documents of voters entitled to receive them are printed. The
Commission shall also print on the voting document such
reasonable security code as requested by the political parties and as
the Commission may think fit, provided that the political parties
shall deliver such security code to the Commission immediately
prior to the start of printing of the voting documents or not later
than such time, not being prior to twenty-four hours prior to such
printing, that the Commission may establish because of technical
necessity; the delegates shall be given the facility to verify the
exactness thereof even by means of a dummy run of the process and
by means of an audit trail that establishes the validity of the system
at any stage of the process and to be given a copy of the audit trail.
(3) The voting documents printed in accordance with the
previous 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
subarticle (6), and to the voting documents which remain
undistributed.
(4) The voting document shall be served on each voter by a
police officer or by any other person appointed for the purpose by
the Commission, and such document shall be deemed to have been
served by delivery to the person to whom it is addressed, or to an
adult person, who either resides at the same address or is in his
employment, at the address of the voter as shown in the Electoral
Register. The political parties shall have the right to each nominate
one representative to accompany each police officer or other person
effecting service as aforesaid.
(5) 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 behalf of the Commissioners and claim delivery of the
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
  20      CAP. 354. ]                GENERAL ELECTIONS
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
voters may take delivery of their voting documents in terms of
subarticle (6). The Commission may designate any place for the
collection of undelivered voting documents provided that the
Commission shall allow a sufficient period for the collection of
documents from each locality and a further period of time for
collection from its office.
(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
Commission to effect service of such document on the person
concerned either through one of the Commissioners or by any
person appointed for the purpose by the Commission in their stead.
The Commissioner or person appointed as aforesaid may examine
such person on oath for the purpose of establishing his identity and
of establishing the claim to receive the document. The document
aforesaid shall not be delivered to such person unless he produces
his identity card to the Commissioner or person appointed 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
information thereto. Any documents so reprinted shall bear the
mark ‘REPRINT’ which mark shall not in any way obscure any of
the information contained in the document.
(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.
 47. Where a person whose name appears in the last revised
Electoral Register, but does not appear in the list published under
article 46(5), has not received the voting document or, after the
receipt of such document, has lost or destroyed such document such
person may not later than 9.00 p.m. of the Wednesday immediately
preceding the commencement of voting, appear before one of the
Commissioners, and if - 
( 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,
   GENERAL ELECTIONS   [ CAP. 354.        21
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.
Number of Voting 
Documents.
Amended by:
XV. 1996.28.
48. (1) Not later than the Friday before the start of the poll,
the Commissioners shall cause to be published in the Government
Gazette a list indicating the number of voting documents printed,
the number distributed in terms of article 46(1), the names and
addresses of the persons who up to that time have claimed delivery
thereof in terms of article 46(6), the number of voting documents
issued in terms of article 47 and the name, address and identity card
number of the persons to whom such documents have been
delivered, the number and reasons for voting documents withheld
and the names, addresses and identity card numbers of the voters
concerned and the number of voting documents remaining
uncollected and the names, addresses and identity card numbers of
the voters concerned.
(2) Any political party shall have the right to nominate
representatives to be present during the issuing of the voting
documents in terms of article 46(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.
Ballot Paper.
Amended by:
XV. 1996.29;
XVI. 2002.7.
49. (1) The Commission shall as near as practically possible
to the day of the poll print such number of ballot papers as may be
necessary for the poll in such form and on such material as may be
provided for in this Act and not later than two days prior to the
commencement of 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.
(2) The Commission shall ensure that ballot papers are made of
such security paper and carry such markings as to ensure that they
may not be duplicated.
(3) The ballot-paper of each voter shall consist of a paper in the
form set out in the Eighth Schedule of this Act, containing a list of
candidates described by the name (including any nickname),
address and profession or occupation as given in their respective
nomination paper and 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
there are two or more candidates of one party with the same
surname, they will be arranged in order of their other name or
names.
(5) Every political party contesting the election shall provide
  22      CAP. 354. ]                GENERAL ELECTIONS
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 immediately 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
contesting all electoral divisions and having not less than four
candidates in each division. Such colours shall be assigned by the
Electoral Commission:
Provided that any party may decline the colour so assigned
to it, and in any such case the ballot paper shall not show any
special colour for that party.
(8) Parties will be placed on the ballot paper in alphabetical
order.
Distribution of 
ballot papers.
50. (1) On the day or days as near as practicable to the day of
voting, the Commission shall prepare in different packets the ballot
papers and all other documents and materials to be consigned to the
Assistant Commissioners on the day of voting.
(2) The Electoral Commission shall retain possession of all
packets until the day of the poll when it shall deliver the same to
the Assistant Commissioners prior to the start of voting.
(3) Representatives of the political parties shall be granted all
reasonable facilities to oversee the printing and checking of all
ballot papers, the packing thereof and their distribution to the
Assistant Commissioners, and to affix their seals to all packets
prepared by the Electoral Commission for delivery to the Assistant
Commissioners.
PART IX 
Nomination of Candidates
Nomination of 
Candidates.
Amended by:
XV. 1996.30;
XVI. 2002.8.
51. (1) A candidate for election shall be nominated in writing.
The nomination paper, which shall be in the form set out in the
Ninth Schedule to this Act, shall be signed by the candidate
himself, (or, in the event of his absence from these Islands, by a
duly appointed representative), and by, at least, four voters
registered in the electoral division for which the candidate is
nominated. The nomination paper shall be delivered to one of the
Commissioners at the Electoral Office by the candidate himself or
if he is prevented by illness or absence from these Islands by his
lawful representative, authorised in writing, within the period
specified in the notice referred to in article 45.
(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
   GENERAL ELECTIONS   [ CAP. 354.        23
for which the candidate was nominated. Delivery of the nomination
paper to the Commission and acceptance of delivery by the
Commission shall not of itself indicate the validity of the
nomination and the Commission shall not make any statement
thereon other than inform the candidate accordingly and to take
delivery of the form and deposit, if any, and give due receipt.
(3) Objections may be made to a nomination on the ground that
the candidate is not registered as a voter in the last published
Electoral Register or that the description of the candidate is
insufficient to identify the candidate, that the nomination 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
objector and shall specify the ground of the objection. The
Commission itself shall raise an objection if it believes that any of
the grounds mentioned in 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), the Commission shall fix a date for the hearing of the
objection, shall immediately inform in writing the candidate
objected to, giving him a copy of the objection filed against him,
and shall inform both the objector as well as the candidate of the
day appointed for the hearing of the objection. Service shall be
effected by any means which the Commission deems proper to
ensure receipt by the parties concerned of the said notices in the
least possible time.
(7) All objections shall be determined by the Commission not
later than two days after the expiration of the time allowed for the
making of objections by this Act and both the objector as well as
the candidate shall have the right to appear before the Commission
accompanied by any other person they may think fit to assist them
in their representations to the Commission.
(8) The Commission shall at least two days before delivering
its decision publicly announce the time and date when its decision
shall be delivered. The decision shall be delivered in writing and
shall contain the grounds upon which it is based. The Commission
shall cause such decision to be posted up in a public place at its
office where any person interested may view it:
(9) Where the decision of the Commission does not uphold the
objection, it shall be final. Where the decision upholds the
objection the candidate may contest the decision by filing an
application in contestation with the Commission before the Court
of Appeal within twenty four hours of the delivery of the decision
  24      CAP. 354. ]                GENERAL ELECTIONS
by the Commission. The Court of Appeal shall hear such
applications with urgency and shall determine the same before the
time when in terms of article 49 the Commission is to start printing
the ballot papers.
Deposit by 
candidates at 
elections.
52. (1) A candidate at any election shall deposit, or cause to
be deposited on his behalf, with the Commission, before his
nomination can be accepted, the sum of forty liri in respect of each
nomination, and if he fails to do so, the nomination in respect of
which no deposit has been made shall not be accepted by the
Commissioners.
(2) If after the deposit is made the candidature is withdrawn in
pursuance of the provisions of this Act, the deposit shall be
returned to the person by whom it was made; and if the candidate
dies after the deposit is made and before the voting has
commenced, the deposit, if made by him, shall be returned to his
heirs and if not made by him, shall be returned to the person by
whom it was made.
(3) If a candidate who has made the required deposit is not
elected, and the number of votes polled by him does not exceed
one-tenth of the number of votes polled divided by the number of
members to be elected for that division, the amount deposited shall
be forfeited and paid by the Commissioners into the Consolidated
Fund but in any other case the amount shall be returned to the
candidate, where the candidate is elected, as soon as he has taken
the oath as a member, and where the candidate is not elected, as
soon as practicable after the result of the election is declared.
(4) Where a candidate is nominated at an election in two
divisions he shall not recover his deposit more than once unless he
is elected in both divisions, and if such candidate fails to obtain, in
either division, the minimum number of votes required in
accordance with 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.
Report by 
Commissioners if 
no candidates are 
nominated. 
Amended by: 
XV. 1996.31.
53. If at the expiration of the time fixed for the nominations of
candidates, no candidate shall have been nominated for an electoral
division, the Commissioners shall cause a report to that effect to be
published in the Gazette on the following day, and in such case the
President may issue a new Writ for an election for that division.
Uncontested and 
contested 
elections.
54. (1) If at the expiration of the time fixed for the receipt of a
nomination, the number of candidates nominated for an electoral
division is equal to or less than the number of candidates that the
voters in such divisions are entitled to return, the Commissioners
shall return to the President the names of the candidates nominated
as members elected to the House to represent that division and such
return shall be published in the Gazette.
(2) If the number of candidates nominated for an electoral
division be less than that which the voters in that division are
entitled to return, the President on the return made to him in terms
   GENERAL ELECTIONS   [ CAP. 354.        25
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
thereupon no candidates are nominated, or if the number of
candidates nominated is less than the number of vacant seats, the
seats thereafter remaining vacant may be filled by the 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.
Withdrawal of 
candidature.
Amended by:
XV. 1996.32.
55. A candidate may, at any time until the ballot papers for the
district he is contesting have started to be printed in terms of article
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
Appointment of 
Assistant 
Commissioners.
56. (1) Subject to the provisions of the following articles of
this Act, the Commission shall appoint as many Assistant Electoral
Commissioners hereinafter referred to as "Assistant
Commissioners" as may be necessary, to superintend the election in
the manner herein prescribed. No Assistant Commissioner shall be
appointed to superintend the poll in the electoral division in which
he resides or where he habitually exercises his profession or
calling. 
(2) The Assistant Commissioners shall take the oath of office
as set out in the Tenth Schedule to this Act, before one of the
Commissioners and shall follow the instructions which they may
receive from the Electoral Commission for the discharge of their
duties.
Nomination of 
Assistant 
Commissioners.
Amended by:
XV. 1996.33;
XVI. 2002.9.
57. (1) Every political party shall, within ten days of
publication of the Writ, be entitled to nominate a number of
persons, equal to one and one-third the number of polling booths
that there are in the electoral divisions being contested by it, to act
as Assistant Commissioners, and to the extent that such persons
have the necessary ability to perform the functions of Assistant
Commissioner and are not disqualified from so acting by the
provisions of this Act, the Commission shall appoint Assistant
Commissioners from amongst such persons.
(2) In submitting such lists the political parties may distinguish
between those persons whom they wish to see appointed to a
polling place or a particular polling booth and those persons whom
they wish to be held in reserve and shall moreover have the right to
indicate who of the persons nominated by them should be assigned
to polling places in retirement homes and hospitals. The political
  26      CAP. 354. ]                GENERAL ELECTIONS
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 Writ inform 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.
Disqualifications 
and publication of 
names of Assistant 
Commissioners.
Amended by:
XV. 1996.34;
XVI. 2002.10.
58. (1) A person shall not hold the office of Assistant
Commissioner if he is a candidate for election to the House, or is a
relative by consanguinity or affinity up to the second degree to any
candidate for election, or is not registered as a voter in the last
published Electoral Register or is manifestly in the opinion of the
Commission, after consulting the party delegates, unsuitable or not
sufficiently qualified to perform the functions of Assistant
Commissioner.
(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.
Objections to 
Assistant 
Commissioners.
Amended by:
XV. 1996.35;
XVI. 2002.11.
59. (1) The political parties, not later than four days after the
day mentioned in article 58(2), shall have the right to object in
writing to the Commission with respect to the appointment of any
person as Assistant Commissioner on any of the grounds mentioned
   GENERAL ELECTIONS   [ CAP. 354.        27
in article 58(1).
(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 determined by the Commission. The
determination by the Commission shall be final and binding on all
concerned. Where after hearing such objections the Commission
determines that a person nominated by a political party to be
appointed as an Assistant Commissioner shall not be so appointed,
the political party which had nominated that person shall have the
right to nominate another person in his stead.
(4) The fresh nominations mentioned in the preceding
subarticle of this article shall be made immediately after the
determination of all the objections. The times mentioned in
subarticles (1) and (2) shall apply to objections to persons
nominated as Assistant Commissioners in terms of subarticle (3),
and if any objection is received and upheld by the Commission, the
Commission itself shall appoint another person to be Assistant
Commissioner in his stead and such appointment shall be final and
no objection may be made in respect thereof.
(5) Upon final determination of all objections the Commission
shall assign the Assistant Commissioners to the various polling
booths; such distribution shall be made in such manner as to ensure
that in each polling booth there is, at least, one Assistant
Commissioner nominated by the Commission and one Assistant
Commissioner nominated by each party contesting the election in
that division:
Provided that where a political party has not nominated a
sufficient number of persons to be appointed Assistant
Commissioners, the Commission shall only be required to assign,
in respect of that political party, such Assistant Commissioners as
have been nominated by it and appointed Assistant Commissioners.
(6) The Commission shall, within two days of the final
determination referred to in the preceding subarticle, cause a list to
be published in the Gazette showing the name, address, identity
card number and occupation of each Assistant Commissioner
appointed, the polling booths to which each has been assigned, and
indicating the Assistant Commissioners who are assigned but held
in reserve.
(7) After the final distribution of all Assistant Commissioners
and up to the end of voting, the Commission alone shall have the
right to substitute Assistant Commissioners and then only for grave
and sufficient reasons and in such manner as to ensure that where
the Assistant Commissioner substituted is one nominated by a
political party, his substitute shall be a person nominated by the
same party, provided a sufficient number of Assistant
Commissioners have been nominated by that party.
  28      CAP. 354. ]                GENERAL ELECTIONS
PART XI 
Voting
Appointment of 
C andidate’s  
Agent. 
Amended by:
XV. 1996.36.
60. (1) On or before the day of nomination at an election a
person shall be named in writing by or on behalf of each candidate
as his agent for such election and such person is in this Act referred
to as the candidate’s agent.
(2) A candidate may name himself as candidate’s agent, and
thereupon shall, so far as circumstances admit, be subject to the
provisions of this Act, both as a candidate and as an candidate’s
agent, and any reference in this Act to an candidate’s agent shall be
construed to refer to the candidate acting in his capacity of
candidate’s agent.
(3) One candidate’s agent only shall be appointed for each
candidate, but the appointment, whether the candidate’s agent
appointed be the candidate himself or not, may be revoked, and in
the event of such revocation or of the death of the candidate’s
agent, whether such event is before, during, or after the election,
then forthwith another candidate’s agent shall be appointed, and his
name and address declared in writing to the Commissioners, who
shall forthwith give public notice of the same.
Appointment of 
party agents. 
Amended by:
XV. 1996.37;
XVI. 2002.12.
61. (1) Every political party shall have the right to nominate
as its agents such number of persons as is equal to the number of
ballot boxes and such persons are in this Act referred to as party
agents. A political party may designate as a party agent, a person
already nominated by it as Assistant Commissioner in which case
such person may act both as Assistant Commissioner and party
agent.
(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 more than ten per centum thereof and the procedures for
nomination, objection and decision regarding Assistant
Commissioners nominated by political parties shall  mutatis
mutandis  apply to substitute agents.
District agents.
Added by:
XV. 1996.38.
Amended by:
XVI. 2002.13.
61A. (1) Each political party may nominate a number of
persons equal to the number of electoral divisions that are being
contested by it to act as district co-ordinators for it and such
persons are in this Act referred to as district agents.
(2) The district agents shall represent the party nominating
them with the Commission in the district to which they are
   GENERAL ELECTIONS   [ CAP. 354.        29
appointed and for this purpose shall have access to the
Commissioners at all times and shall have the right,
notwithstanding any other provision of this Act to the contrary, to
accompany any Commissioner into any polling place or polling
booth for the purpose of determining any matter that may arise
during voting:
Provided that a district agent may not so accompany a
Commissioner unless a district agent of another party is also
present.
(3) Unless exceptionally authorised to do so by any
Commissioner, in no case may a district agent interrogate any
person lawfully entrusted by the Commission to carry out any duty
during the elections or to seek information from them nor may they
without such authorisation interrogate any voter.
(4) Political parties exercising the right granted to them by
subarticle (1) shall forward a list to the Commission containing the
names and 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.
Persons guilty of 
corrupt practices 
not to be appointed 
agents.
Amended by:
XV. 1996.39;
XVI. 2002.14.
62. No person shall be appointed district agent, transport agent
or party agent who is not registered as a voter in the last published
Electoral Register or who has within seven years previous to such
appointment been found guilty of any corrupt practice under this
Act or is determined by the Commission to be manifestly
unsuitable to act as such.
Identification of 
agents.
Amended by:
XV. 1996.40;
XVI. 2002.15.
63. (1) The Commissioners shall not later than seven days
before the start of the voting forward to such agent a tamper proof
identity document bearing the photograph of the agent franked with
the seal of the Commission and indicating the name, address and
identity card number of the agent and by whom he has been
nominated. The identity documents as issued shall be progressively
numbered, shall be of a different colour so as to easily distinguish
election, transport and party agents and shall be worn in a
conspicuous manner by the agent concerned in the exercise of his
functions.
(2) The Commission shall forward to each political party which
asks for them in writing the lists of all agents submitted by all the
other political parties as well as all candidates’ agents submitted by
the candidates and by whom they have been nominated within two
days of the receipt thereof and the political parties may make
objections thereto within four days thereof.
Polling places and 
polling days.
Amended by:
XV. 1996.41;
XVI. 2002.16.
64. (1) ( a ) In each polling booth a list of voters entitled to vote in
that polling booth together with copies of the
photograph of each voter shall be kept by the Assistant
Commissioners. Every page of such list and every
correction or cancellation thereon shall be signed by a
Commissioner and a party delegate of each political
party or by such other person appointed by each
political party in writing for the purpose.
  30      CAP. 354. ]                GENERAL ELECTIONS
( 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 polling place for the purpose of voting shall
be entitled to receive a ballot paper and to vote:
Provided further that, where the Commission are satisfied
that the time allowed for voting has been, or will be, for any reason
beyond their control, reduced at all or in any one or more of the
places, they may, whether before or after the poll has commenced,
extend the time fixed for the poll at such polling place or places so
as to make good for the time lost, as aforesaid.
(3) The Commission shall, as far as possible, provide facilities
so that handicapped persons, including persons in wheelchairs, may
vote in comfort.
Prohibition of 
public meetings 
and 
demonstrations.
65. No public meeting or public demonstration shall be held on
the day immediately preceding the commencement of voting and on
the day fixed for voting.
Maintenance of 
order within 50 
metres of each 
polling place.
66. During the time fixed for voting at any polling place, no
person, other than a person waiting to vote, shall loiter within a
distance of fifty metres from that polling place nor shall any person
   GENERAL ELECTIONS   [ CAP. 354.        31
within the said distance of fifty metres make political propaganda
in any manner. Any club, shop or other public establishment within
such distance shall be kept closed on polling day.
Maintenance of 
order outside 50 
metres from 
polling place.
67. No person shall congregate during voting, in any street,
square or other place, leading from the place of residence of any
voter to any polling place, in such numbers or otherwise in such
manner as to be likely to intimidate any voter, or to obstruct his
approach to or from a polling place, or to lead to a breach of the
peace.
Provisions with 
regard to polling 
booths and voting 
compartments.
Substituted by:
XV. 1996.42.
Amended by:
XVI. 2002.17.
68. (1) The Commission shall ensure that, as far as possible,
there is in each polling booth an adequate distance between the
place where the Assistant Commissioners sit and the voting
compartments within which voters are to mark their ballot papers.
The voting compartments shall be constructed in such a manner as
to exclude the possibility that any person may see how the voter is
marking his ballot paper.
(2) The Commission shall request the political parties to
furnish it with a sufficient number of photographs, each not
exceeding seventeen centimetres by twenty three centimetres, of its
candidates in order that the Commission may affix one photograph
of each candidate in each polling booth of the electoral division in
which the candidate is contesting. Each photograph shall have the
name of the candidate and the name and badge of the party he is
representing, if any, and photographs shall be displayed in the order
that the candidates’ names appear on the ballot paper. The
Commission shall give such directions as it may deem appropriate
regarding the size and format of such photographs.
(3) The Commission shall ensure that in each voting
compartment a copy of the Instructions to Voters set out in
Schedule 8B to this Act are affixed in a place clearly visible to the
voter and that writing instruments are available for use by voters.
(4) The Commission shall direct the Assistant Commissioners
to ensure that they place the ballot boxes as near as possible to
where they will be sitting and in such manner as they may clearly
see the voter introducing the ballot paper into it and to ensure that
the voter folds the ballot paper in such manner as to leave the
official mark visible.
(5) The Commission shall prepare a room or rooms in each
polling place wherein to store until the polling day the ballot boxes,
the list of persons entitled to vote, ballot papers and other relevant
documents and materials to be used in that polling place on polling
day. The room shall have adequate lighting facilities and shall
allow the visual checking of the inside through a small opening in
the door.
(6) The political parties shall be afforded all facilities to
inspect all polling places well in advance of polling day and to
make suggestions to the Commission on the use thereof.
(7) The ballot boxes shall be of such size and shall be
manufactured of such material as the Commission shall determine
provided that the Commission shall ensure that it is suitable to be
  32      CAP. 354. ]                GENERAL ELECTIONS
sealed during voting and may not be tampered with without
detection. The top of the ballot box is to be made of translucent
material, in as far as this is technically possible.
Ballot boxes and 
documents for 
polling booths. 
Added by:
XV. 1996.42.
68A. (1) On any day as near as practicable to the day of the
poll but not earlier than three days therefrom, the Commission shall
deliver to each polling place the ballot boxes, the list of persons
entitled to vote thereat, ballot papers and other relevant documents
and materials to be used in that polling place on polling day and
shall seal such documents and materials in the room designated for
the purpose in accordance with the previous article of this Act. The
room shall be lit at all times.
(2) The political parties shall have the right to oversee such
transportation, to affix their seals to the room and all the openings
thereto and to visually check the room through the door opening at
all times.
Transfer of ballot 
boxes to polling 
booths. 
Substituted by:
XV. 1996.42.
69. (1) On the day fixed for polling and thirty minutes prior to
the start thereof, the room in the polling place where the ballot
boxes and other documents and materials have been stored by the
Commission shall be opened and the boxes, documents and
materials transferred to each polling booth by the relative Assistant
Commissioners.
(2) Prior to the start of polling the Assistant Commissioners, in
the presence of any candidates or agents as may be present shall
open the ballot box consigned to them and ensure that it is empty
prior to sealing it and opening the poll. If no candidate or agent is
present the Assistant Commissioners shall ask any person present
in the polling place to enter the polling booth and witness the
sealing of the ballot boxes.
(3) After ascertaining that the ballot box is empty, if necessary
by removing any extraneous material therein, the Chairperson of
the Assistant Commissioners shall proceed to seal the ballot box in
the manner and with the seal provided to him by the Commission
ensuring that he does not seal the opening through which the ballot
papers are to be inserted by voters.
(4) One agent or candidate for each of the politica1 parties
present at such sealing may affix the party seal to the ballot box.
(5) After the ballot box has been sealed the Chairperson of the
Assistant Commissioners shall so attest on the form provided by
the Commission and shall ask all the persons present at the sealing
to sign as witnesses whereupon all shall leave the room except for
the Assistant Commissioners and the poll shall start.
(6) In the event of any disagreement which cannot be resolved
between those present the Chairperson of the Assistant
Commissioners shall ask a Commissioner to give the necessary
direction.
Voting.
Amended by:
XV. 1996.43.
70. (1) Any voter wishing to vote shall attend at the polling
booth, specified in the voting document received by him and shall
deliver such document to an Assistant Commissioner at such
   GENERAL ELECTIONS   [ CAP. 354.        33
polling booth during the hours appointed for voting.
(2) No person shall be allowed to vote unless he produces and
delivers the voting document to the Assistant Commissioners.
(3) No inquiry shall be permitted at the time of voting as to the
right of any person to vote, so long as the name of such person is
included in the list referred to in article 64(1), but the Assistant
Commissioners may, before the delivery of the ballot paper to a
voter, put to him such questions as they may deem proper to satisfy
themselves of the identity of such voter. All communications
between the Assistant Commissioners and the voter whilst the latter
is in the polling booth shall be made through the Chairperson of the
Assistant Commissioners.
(4) The Assistant Commissioners, upon the production and
delivery to them of the voting document and having satisfied
themselves of the identity of the voter, shall strike out the name of
the voter from the list aforesaid and shall deliver to him, after
marking it with official marks, a ballot paper. Only the official
mark of the Commission shall be required for the validity of the
ballot paper.
(5) The Assistant Commissioners may at their discretion
administer an oath to any voter in the form set out in the Eleventh
Schedule to this Act.
(6) Any person refusing to answer any questions put to him
under 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 person whose name is included in the list referred to in
article 64(1) and otherwise satisfies the requirements of this article,
unless the person so claiming to vote, upon being questioned under
this article, appears to the Assistant Commissioners not to be the
person whose name is on the aforesaid list or to have previously
voted at the same election.
(8) The Assistant Commissioners shall keep a written record of
the taking of any oath administered to any person under this article,
and of their refusal to allow any person to vote.
(9) Saving the provisions of article 77 no voter shall be allowed
to vote except at the polling booth specified in the voting document
produced by him for purposes of voting.
(10) A voter, who has inadvertently spoilt his ballot-paper may,
on delivering the spoilt ballot paper to the Assistant Commissioner,
and proving the fact of inadvertence to the satisfaction of the
Assistant Commissioner, obtain another ballot paper in its place
and the spoilt ballot paper shall be immediately cancelled.
Method of Voting. 
Amended by:
XV. 1996.44.
71. (1) Each voter shall have one transferable vote. 
(2) A voter, in recording his vote:
( a ) must place on his ballot paper the figure 1 against the
name of the candidate for whom he votes; and 
  34      CAP. 354. ]                GENERAL ELECTIONS
( 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.
72. (1) Any voter who declares to, and shows to the
satisfaction of, the Assistant Commissioners that he is unable by
reason of blindness, other physical cause or illiteracy to mark his
ballot paper, may request an Assistant Commissioner to mark the
paper on his behalf indicating for which candidate or candidates he
wishes to vote and the order in which he wishes to record his vote:
Provided that the voter may not ask for any particular
Assistant Commissioner to mark the ballot paper on his behalf.
(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 voter to confirm his declaration on oath using the format
shown in the Fifteenth Schedule annexed to this Act, and on
satisfying himself of the correctness of such declaration he shall
record the vote of such voter on the ballot paper, in accordance
with the indication made by such voter and following the procedure
set down hereunder:
( a ) The Assistant Commissioner shall ask the voter:
   GENERAL ELECTIONS   [ CAP. 354.        35
"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.
73. While a voter is recording his vote, the Assistant
Commissioners shall keep at sufficient distance so as not to be able
to see the vote recorded.
Ballot paper not to 
be removed from 
polling place.
74. The Assistant Commissioners shall in no case permit any
person to take his ballot paper out of the room or out of their sight
until it is inserted into the ballot box.
Assistant 
Commissioners not 
to make 
suggestions as to 
manner of voting.
75. Saving the provision of article 72, no Assistant
Commissioner or any other person shall record the vote for any
voter, or shall, at any polling place make any suggestion to him
directly or indirectly regarding the candidate or candidates for
whom he should vote or regarding his choice of preference.
No unauthorised 
person to enter 
polling place.
76. Except where otherwise stated in this Act the Assistant
Commissioners shall not allow any person not being a police
officer on duty, or a person lawfully entrusted with some duty in
connection with the elections, or a person entitled to vote at that
polling place, to enter such polling place; nor shall they permit any
voter or other person to remain in the polling place longer than
necessary.
  36      CAP. 354. ]                GENERAL ELECTIONS
Mixed polling 
places. 
Substituted by:
XV. 1996.46.
77. (1) Notwithstanding anything to the contrary contained in
this Act, the Commission shall provide mixed polling places for the
purposes and in the manner provided for by this article.
(2) A mixed polling place is a polling place which contains a
ballot box for each electoral division and where the voters
mentioned in subarticle (4)( a ) and ( b ) shall vote independently of
the electoral division where they may 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.
(4) ( a )   Notwithstanding any other provision of this Act, every
person who shall have been selected to serve as an Assistant
Electoral Commissioner, including those 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,
political parties, agents and candidates shall  mutatis   mutandis
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.
78. (1) After the expiration of the time fixed for voting, the
Assistant Commissioners shall seal the opening of the ballot box,
shall place in a packet all unused and spoilt ballot papers and all
printed or written records kept by them, affixing their seal thereto,
after stating and signing on the said packet the number thereof, and
shall place in a separate packet all voting documents delivered to
them. The official marks used by the Assistant Commissioners
including those used by the Assistant Commissioners nominated by
the political parties shall be put in a separate packet which shall be
sealed with the seal of the Commission after all Assistant
Commissioners have affixed their signature thereto.
   GENERAL ELECTIONS   [ CAP. 354.        37
(2) For the purposes of the previous subarticle of this article
the Assistant Commissioners shall physically count and reconcile
the number of unused and spoilt ballot papers, the number of
persons marked as having voted on the list referred to in subarticle
(1) article 64 and the number 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 Commissioners
shall affix a notice on the door of each polling booth and signed by
all the Assistant Commissioners stating the number of voters
entitled to vote at that polling booth, the number of ballot papers
received by them from the Commission, the number of voting
documents delivered to them distinguishing as to whether they are
ordinary or special, the number of spoilt ballot papers and the
number of unused ballot papers being returned by them to the
Commission and the number of persons who have voted in that
polling booth. The said notice shall in this article be henceforth
referred to as the "ballot paper account".
A copy of the ballot paper account shall be delivered by the
Assistant Commissioners to each political party by handing it to
any candidate, election or party agent representing such party as
may be present, and shall also be delivered to the Commission at
the place specified in article 45( c ) and the Commission shall
immediately thereon provide a copy to the party delegates.
(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
right to attend at the reconciliation and sealing of papers and
sealing of ballot boxes, mentioned in the preceding subarticles of
this article, to affix their own personal seals to the packages
containing the papers and to the ballot boxes and shall, subject to
the provision of the following subarticles of the article, be granted
facilities to watch and accompany the transportation of the ballot
boxes from the polling place up to their delivery to the
Commission.
(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
  38      CAP. 354. ]                GENERAL ELECTIONS
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. 
79. The Assistant Commissioners shall keep order in the
polling place under their charge and shall be responsible for any
irregularity in the voting in that place in so far as such irregularity
could have been prevented by them.
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
   GENERAL ELECTIONS   [ CAP. 354.        39
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.
81. (1) Within twenty-four hours of the publication of the Writ
for the election of members to the House, the Commission shall
form a sub-committee consisting of a Commissioner, who shall act
as chairperson, and a representative of each of the political parties
and shall delegate to the sub-committee the running of the election
in all retirement homes.
(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 arrangements for voting are
made in view of the special needs 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.
82. (1) Within three days of the publication of the Writ the
person responsible for the administration of a retirement home shall
send to the sub-committee:
( a ) a list of all persons resident at such retirement home,
indicating the name, 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 and the sub-committee shall immediately
inform the political parties of such amendments.
  40      CAP. 354. ]                GENERAL ELECTIONS
Cap. 446. 
Cap. 9.
(4) Members of the staff in retirement homes are expressly
prohibited from engaging in propaganda for any political party or
candidate and any employee contravening this article shall be
guilty of an offence and shall, on conviction, be liable to the
penalty of general interdiction for a period of ten years and the
provisions of the Probation Act and of article 22 of the Criminal
Code shall not apply.
Voting at 
Retirement Homes.
Amended by:
XV. 1996.48.
83. (1) The voting documents of voters registered in
retirement homes shall be delivered to the voters personally. The
voter may opt to deliver the voting document to the Chairperson of
the Sub-Committee for safekeeping, and such Chairperson shall
return the same to the voter on the day fixed for voting or on such
earlier day as may be requested by the voter.
(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 hospital or retirement home may, by issuing a medical
certificate to that effect, draw the attention of the Commission to
any dangers inherent to the health of his patient should he be
moved for the purposes of being taken to vote. Such certificate
will, however, in no way effect the right of that voter, 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
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 sufficient 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 of their families shall, notwithstanding any other
provision of this Act, be so accompanied 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
   GENERAL ELECTIONS   [ CAP. 354.        41
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.
84. The sub-committee appointed in terms of article 81 shall
function under the general direction of the Commission and shall
be bound to implement the decisions of the Commission.
PART XIII 
Amended by:
XV. 1996.49.
Counting of ballot papers
Start of counting of 
ballot papers. 
Amended by:
XV. 1996.49, 50.
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.
Tampering with 
ballot boxes. 
Amended by:
XV. 1996.49, 51;
XVI. 2002.19.
86. (1) Political parties contesting the elections shall have the
right to nominate a sufficient number of agents, to be determined
by the Commission, to oversee at all times the receipt of the ballot
boxes, documents and packets, by the Commission from the
Assistant Commissioners and the storage of the said ballot boxes,
documents and packets after the receipt thereof. These agents shall
henceforth in this Act be referred to as "delivery agents".
(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 Commission shall have the power to hear 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 made as soon as the ballot box or packet is
delivered by the Assistant Commissioners to the Commission and
for this purpose the Commission shall ensure that the party
  42      CAP. 354. ]                GENERAL ELECTIONS
delegates, candidates or delivery agents are given adequate
facilities to attentively inspect the ballot boxes, documents 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 Commission shall for this purpose open all
packets containing voting documents relative to not more than ten
per cent of all ballot boxes in order to physically check the
accuracy of such returns.
(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 the purpose of undertaking the Ballot Paper Account
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 Assistant
Commissioners 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
papers and the voting documents, in separate sealed packets
indicating on each packet the nature of the documents contained
therein, and the electoral division to which they appertain.
(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.
87. (1) The Commission shall appoint a number of persons to
act as counters, supervisors and calculators to assist it in the
counting and transfer of ballot papers which shall be effected under
the direct supervision of the Commission.
(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
   GENERAL ELECTIONS   [ CAP. 354.        43
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
counters, supervisors and agents whilst in the precincts 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
shall 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 are no less than two supervisors for each
electoral division and that the political parties are adequately
represented in the choice of persons to act as supervisors for each
electoral division.
(7) Counters shall work under the direction of the supervisors;
they shall physically sort and count the ballot papers. The Electoral
Commission shall ensure that there are a sufficient number of
counters in every electoral division to ensure a quick and efficient
counting process and that the political parties are adequately
represented at all times during the counting of ballot papers in the
choice of persons to act as counters in each electoral division.
Commissioners 
may appoint 
persons to assist 
them in the 
counting of ballot 
papers.
Amended by:
XV. 1996.49.
88. (1) The Commission may authorise any one or more of its
members or any other person or persons appointed by it to do
anything on its behalf in connection with the receipt and storage of
ballot boxes and the counting and transfer of ballot papers and
anything done by virtue of such authority shall be deemed to have
been done by the Commission.
(2) The Commissioners or any one or more of them shall
administer to every person authorised to act for the Commission
under the provisions of this article, an oath for the faithful
discharge of the duties assigned to him.
Candidates and 
Agents. 
Amended by:
XV. 1996.49, 53;
XVI. 2002.21.
89. (1) Unless this Act otherwise provides, candidates and
candidates’ agents shall have free access to the building where the
counting of ballot papers will take place, and to the counting hall,
at all times.
(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;
  44      CAP. 354. ]                GENERAL ELECTIONS
the Commission shall inform the political parties of all the agents
so nominated so that the said political parties may have an
opportunity to make representations to the Commission before the
same accepts or rejects them; the agents so nominated are to be of
good character and acceptable to the Commission.
The list of such agents shall, at least, seven days prior to the
start of the poll, be published by the Commission 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 nomination, objection 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 distinguish between each group of delegates and
agents as well as between delegates and agents nominated by one
political party and those nominated by other political parties.
Building where 
counting of ballot 
papers will take 
place. 
Amended by:
XV. 1996.49, 54;
XVI. 2002.22.
90. With respect to the building designated by the Commission
for the counting of ballot papers the Commission shall ensure that:
( a ) all roads of access at least within 500 metres of the
said building are closed and patrolled by the Police
who shall permit entry only to authorised persons and
only after scrupulously having ascertained their
identity;
( b ) entry into the actual building or perimeter shall be
checked by both the Police, the Commission and
representatives of the political parties;
( c ) a number of rooms as may be necessary either in or as
near as possible to the building wherein the counting
hall is situated shall be provided to ensure full press
and broadcasting coverage of the counting and transfer
of ballot papers provided that the entrance to such
room shall at all times be guarded by the Police who
shall only allow entry to  bona fide  broadcasting
personnel and newspaper reporters who shall have
been previously accredited by the Commission; the
Commission having the right and the duty to ensure
that all the broadcasting personnel and newspaper
reporters so accredited by it, carry out only those
functions directly related to their profession, failing
which such an accreditation is to be cancelled by the
Commission. The Commission is further bound to give
the delegates of the political parties, not later than five
days prior to the date of the poll, a detailed list of all
   GENERAL ELECTIONS   [ CAP. 354.        45
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
  46      CAP. 354. ]                GENERAL ELECTIONS
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.
Broadcasting 
coverage.
Amended by:
XV. 1996.49.
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.
Appointment of 
persons to ensure 
proper running of 
building, etc. 
Substituted by:
XV. 1996.55.
92. (1) The Commission shall appoint such persons as it
considers appropriate to ensure the proper running and maintenance
of the building designated for the storage of ballot boxes and the
counting of votes and a list of such persons shall be sent to the
political parties at least six days prior to the poll.
Extraordinary 
circumstances.
(2) In extraordinary circumstances, the Commission shall allow
entry to the building designated for the storage of ballot boxes and
the counting of votes to such other persons as it considers
necessary provided that in no case shall it allow entry to the public
generally.
Identification 
cards.
(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.
Representations to 
Commissioners.
Amended by:
XV. 1996.56;
XVI. 2002.23.
93. Notwithstanding anything else contained in this Act,
candidates and the counting agents shall at all times have access to
the Commissioners for the purpose of making representations on
their own behalf or on behalf of the party represented by them.
Direction of 
building. 
Amended by:
XV.1996.49.
94. The Commission shall have the sole direction of the
building designated for the counting and transfer of ballot papers
and shall have the right to give such orders as are necessary for the
maintenance of order and security within the building.
PART XIV
Ballot Paper Account Reconciliation
Reconciliation of 
ballot paper 
account. 
Substituted by:
XV. 1996. 57.
Amended by:
XVI. 2002.24.
95. Immediately after ballot boxes start being deposited in the
room designated by the Commission to hold the ballot boxes in
terms of article 45, the Commission shall immediately proceed to
reconcile the Ballot Paper Account of each box delivered by the
Assistant Commissioners with the actual number of votes in that
box and for this purpose shall release from the said room
(immediately after they are received therein ensuring that no
confusion is created on the counting tables) the ballot boxes to the
counting tables of each appropriate electoral division for the
purpose of effecting such reconciliation.
Removal of ballot 
boxes from strong 
room.
96. (1) Prior to the removal of each ballot box from the room
designated by the Commission to hold all the ballot boxes in terms
of article 45, the party delegates or their substitutes shall have the
   GENERAL ELECTIONS   [ CAP. 354.        47
right to examine the seals affixed to each ballot box.
(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.
97. The Commission may order any number of ballot boxes to
be opened simultaneously in each electoral division provided that
adequate precautions are taken to ensure that the ballot papers from
different ballot boxes are kept separate and prior to the opening of
each ballot box the Commission shall cause the ballot paper
account for that ballot box to be affixed in such a manner that it
may be clearly seen by the candidates and agents and shall show
the candidates and agents the seals on the ballot box in order that
they may ascertain that such seals are intact.
Objections to 
opening of ballot 
box.
98. Any party delegate, candidate or agent may, prior to the
opening of the ballot box, make representations claiming that the
seals of the box have been tampered with. Where such an objection
is made the box shall not be opened until the Commission, after
consulting the party delegates or their substitutes, shall have given
such directions and taken such measures as it may consider
necessary.
Checking of ballot 
paper account.
Amended by:
XV. 1996.59.
99. Where no objections are made and where the Electoral
Commission in terms of the previous article of this Act so directs,
the ballot box shall be opened and the number of ballot papers
contained therein shall be counted, face downwards, to ascertain
that the number of ballot papers in that ballot box corresponds to
the ballot paper account.
When ballot papers 
do not tally with 
ballot paper 
account.
100.   Where the ballot papers in the ballot box do not tally with
the ballot paper account the attention of the Commission shall be
drawn to the fact and the Commission, after consultation with the
party delegates, or their substitutes, shall give such directions as it
may deem fit and such decision shall be final.
When ballot papers 
and ballot paper 
account tally.
Amended by:
XV. 1996.60.
101.   Where the ballot papers in the ballot box and the ballot
paper account tally, the ballot papers shall be put together and
placed in a pigeon hole indicating the number of the ballot box. The
pigeon hole and ballot papers must at all times be clearly visible by
parties, candidates and agents. The ballot papers in each pigeon
hole shall be put in parcels of fifty ballot papers each with any
remainder being put at the bottom of the pile and the supervisor
shall ensure that each parcel is counted for accuracy by more than
one counter.
All ballot boxes to 
be opened.
102.   The process described in articles 95 to 101 shall be
repeated until all ballot boxes have been opened to ascertain that
the ballot papers in each box tally with the ballot paper account
relative to it.
Ballot papers 
belonging to other 
Electoral 
Divisions.
103.  ( Repealed by Act XVI.2002.25 ).
Number of votes 
cast.
104. (1) After all ballot boxes in all electoral divisions have
  48      CAP. 354. ]                GENERAL ELECTIONS
been opened and reconciled with the relative ballot paper account
the Electoral Commission shall prior to proceeding to the sorting of
votes declare the total number of votes cast and their distribution
by ballot box and electoral division.
(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
Sorting of ballot 
papers, casual 
elections and co-
options.
105. (1) Ballot papers shall be sorted in accordance with such
regulations which the Prime Minister may make from time to time.
(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
not come into force unless and until the House so resolves by
resolution. Notice of the approval of such resolution shall be
published in the Gazette by the Clerk of the House.
(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.
PART XVI 
Publication of results
Publication of 
result of election 
and of counting 
details.
106. (1) The Commission shall, not later than on the working
day following that on which the result of the counting of the votes
has been ascertained, publish a declaration containing the names of
the candidates elected and such other particulars as the
Commission may consider necessary.
(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
   GENERAL ELECTIONS   [ CAP. 354.        49
seven days after the end of counting a declaration of the result of
the election which declaration shall include a record of the total
votes cast, both on a national level and subdivided by polling
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 Electoral Commission may consider necessary. 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
results of the election the Election Commission shall publish a
report explaining in detail what steps were taken by them to
perform the various duties imposed on them by this Act, to give all
relevant statistics connected with the election including the
publication of all statistics regarding eligible voters, printing and
distribution of voting documents and ballot papers, voters per
polling place, returns submitted by Assistant Commissioners and
the like, and to make such suggestions as they consider necessary.
Preservations of 
documents. 
Amended by:
XV. 1996.61;
XVI. 2002.26.
107. (1) The Commission shall preserve until the publication
of the official result of the next following election all used ballot
papers for each electoral division in separate sealed packets, as
follows:
( 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 count and of any document showing the operations of the
transfer of each surplus.
(4) Party delegates, candidates and counting agents shall have
the right to affix their seals and signatures to such packets.
Power of court to 
order unsealing of 
packets.
108.   It shall be lawful for the Constitutional Court before which
any question is brought as to the right of any person to be or to
remain an elected Member of the House and for any court before
which any proceedings are commenced in accordance with the
provisions of this Act to order the opening of the packets referred
to in article 78(1) and in article 107 and the production of one or
  50      CAP. 354. ]                GENERAL ELECTIONS
more of the documents therein contained under such conditions and
precautions as may be necessary to maintain the secrecy of the
voting consistently with the due administration of justice.
Candidates 
returned in both 
divisions.
109. (1) If at an election any person is returned as a member
for two divisions, such person shall, by a writing under his hand
delivered to the Clerk of the House on or before appearing to take
the oath or to make the affirmation prescribed by article 68 of the
Constitution declare which of the two divisions he elects to
represent.
(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
Penalty for giving 
false information.
Amended by:
XVI. 2002.27.
110.   Any person who knowingly makes or subscribes to a false
declaration or otherwise gives false information in connection with
the registration, transfer or cancellation of any voter shall be guilty
of an offence against this Act and shall, on conviction, be liable to
imprisonment for a term not exceeding one month or to a fine
( multa ) not exceeding one hundred liri or to both such
imprisonment and fine.
Penalty for 
misconduct in 
polling places, etc.
Amended by:
XVI. 2002.28.
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 one hundred liri.
Penalty for 
offences in respect 
of nomination, etc.
Amended by:
XV. 1996.62.
112. (1) Every person who -
( a ) forges or fraudulently defaces or fraudulently destroys
any nomination paper or delivers to the Commissioner
any nomination paper knowing the same to be forged;
or
( b ) forges or counterfeits or fraudulently defaces or
fraudulently destroys any voting document or ballot
paper or the official mark on any ballot paper; or
( 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
   GENERAL ELECTIONS   [ CAP. 354.        51
( 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 five hundred liri 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.
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 two hundred
liri or to imprisonment for a term not exceeding one month or to
both such fine and imprisonment.
Prohibition of 
activities capable 
of influencing 
voters immediately 
before the election.
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 issued any statement or
declaration on any matter aforesaid or knowingly distribute any
newspaper, printed matter, or other means of communication, or
any statement or declaration as aforesaid, and any person acting in
contravention of any of the provisions of this article shall be liable
on conviction to a fine ( multa ) not exceeding five hundred liri 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.
Competent courts.
or remain a Member of the House shall be referred to and decided
by the Constitutional Court.
  52      CAP. 354. ]                GENERAL ELECTIONS
Cap. 9.
(2) Any criminal proceedings for offences under this Act shall
be brought before the Courts of Magistrates and subject to the
following provisions of this article, the provisions of the Criminal
Code shall apply to any such proceedings.
Cap. 446. (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.
Prohibition of 
display of posters, 
etc.
Amended by: 
XV.1996.63.
116. (1) Except as provided in subarticle (2) it shall not be
lawful for any person, at any time in contemplation or in
anticipation of an election, to display or cause to be displayed in a
public place, or in a place accessible to the public or visible from
any public place, any bill, poster or other advertisement intended or
likely to influence voters in the exercise of the franchise, or to
write or make or cause to be written or made on any wall or other
place visible from a public place any word or sign intended or
likely to influence voters in the exercise of the franchise. 
(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;
( 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 five hundred liri or to
imprisonment for a period of not more than six months, and in
respect of any second or subsequent offence to both such fine and
imprisonment.
(4) It shall be the duty of the Police to remove or otherwise
cancel or delete anything displayed, written or made in
contravention of any of the provisions of subarticle (1).
PART XVIII
 Saving and Repeal
Right of action 
before 
Constitutional 
Court.
117.   Notwithstanding any other provision contained in this Act,
whereby the decision of the Commission is declared as final and/ or
not subject to appeal such provision shall not exclude recourse to
the Constitutional Court by any person on an action to invalidate
the election, whether in any or in all divisions.
Repeal. 
Cap. 249. 
Cap. 99.
Cap. 102.
118. Subject to the provisions of article 12 of the Interpretation
Act, the Electoral (Franchise, Method of Election and Registration
of Voters) Ordinance, and the Electoral Polling Ordinance, except
   GENERAL ELECTIONS   [ CAP. 354.        53
articles 41 to 62 thereof, which articles are reproduced in the
Fourteenth Schedule to this Act, are hereby repealed.
PART XIX 
Saving as to Right of Political Parties
Non-exercise of 
certain rights.
119.   The non-exercise by any political party, delegate,
candidate, agent or any person nominated for appointment by a
political party, of any right, power or privilege granted by this Act
shall not of itself invalidate any action or procedure in respect of
which the right, power or privilege has been granted by this Act.
  54      CAP. 354. ]                GENERAL ELECTIONS
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
   GENERAL ELECTIONS   [ CAP. 354.        55
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 ..........................
....................................................
Signature or mark of applicant
(1) Insert number of electoral division.
FOR OFFICIAL USE ONLY 
Remarks
............/.........../..........
Vtd. ..........................................
Chd..........................................
  56      CAP. 354. ]                GENERAL ELECTIONS
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.
   GENERAL ELECTIONS   [ CAP. 354.        57
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
address, do hereby apply that my surname (and/or address *) be now shown 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.
  58      CAP. 354. ]                GENERAL ELECTIONS
SIXTH SCHEDULE 
(article 44)
Form of Writ to the Electoral Commissioners by the President of Malta
To, 
Electoral Commissioners appointed for conducting the election of Members of the
House of Representatives.
Whereas an election of Members of the House of Representatives is to be held for
the electoral division;
You are hereby commissioned 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
   GENERAL ELECTIONS   [ CAP. 354.        59
SEVENTH SCHEDULE
(article 46)
Form of Voting Document
  60      CAP. 354. ]                GENERAL ELECTIONS
Substituted by:
XV.1996.64.
EIGHTH SCHEDULE
(Article 49)
Form of Ballot Paper
   GENERAL ELECTIONS   [ CAP. 354.        61
SCHEDULE EIGHT B
 (Article 68(3))
Substituted by: 
XV.1996.64.
1.
DIRECTIONS FOR THE GUIDANCE OF THE
VOTER IN VOTING
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 same name, or if you place the figure 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 Commissioner, who will, if satisfied of such
inadvertence, give you another ballot paper.
  62      CAP. 354. ]                GENERAL ELECTIONS
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
   GENERAL ELECTIONS   [ CAP. 354.        63
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
(Article 70)
Form of oath which an Assistant Commissioner may administer to a voter  
I, (1)
of (2) do swear/affirm that I am the same person whose name appears
as A.B. in the Electoral Register and that I have not already voted either here or
elsewhere at this election for members of the House of Representatives. (So help me
God.)
Date................................ Signature or mark of voter ................................................
Sworn/Affirmed before me this ...........................day of ...........................
Signature of Assistant Election
Commissioner
1. Name in full
2. Address and I.D. Card Number of voter
  64      CAP. 354. ]                GENERAL ELECTIONS
TWELFTH SCHEDULE 
(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, 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, 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 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.
   GENERAL ELECTIONS   [ CAP. 354.        65
FORM OF DECLARATION BY AN ELECTION AGENT
I, ..........................., being election agent for...................................................... , a
candidate for election in the ........................... Electoral Division, 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 incurred in
connection with or for the purposes 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.
Candidate
Sworn/Affirmed before me
Magistrate/Commissioner of Oaths
  66      CAP. 354. ]                GENERAL ELECTIONS
Amended by:
XV.1996.65;
L.N. 178 of 1996.
THIRTEENTH SCHEDULE 
(Article 105)
The General Elections 
( Sorting of Ballot Papers, Casual Elections 
and Co-opting )  Regulations, 1991 
PART I
Preliminary
Citation. l. These regulations may be cited as the General Elections
(Sorting of Ballot Papers, Casual Elections and Co-options)
Regulations, 1991.
Interpretation.
Amended by:
L.N. 178 of 1996.
2. In these regulations unless the context otherwise requires:
(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; the expression
"second preference" means the figure "2" standing alone against the
name of a candidate; and the expression "third preference" means
the figure "3" standing alone against the name of a candidate, and
so on.
(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 which, following a first preference, a second or subsequent
preference is recorded in consecutive numerical order 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.
   GENERAL ELECTIONS   [ CAP. 354.        67
(6) The expression "original vote" in regard to any candidate
means a vote derived from a ballot paper on which a first
preference is recorded for that candidate.
(7) The expression "transferred vote" in regard to any
candidate means a vote derived from a ballot paper on which a
second or subsequent preference is recorded for that candidate.
(8) The expression "surplus" means the number of votes by
which the total number of the votes, original and transferred,
credited to any candidate, exceeds the quota.
(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 votes
Sorting of ballot 
papers.
3. In any general election, after the stage referred to in Part
XIV of the General Elections Act, the Commission shall cause the
ballot papers to be sorted out into parcels according to their first
preference recorded for each candidate, rejecting any that are
invalid.
Method of sorting.
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 invalid or if any candidate or agent for the same reason so
claims, the counter shall place such ballot paper in a tray marked
"dubious";
(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.
  68      CAP. 354. ]                GENERAL ELECTIONS
Continuation of 
sorting process.
Amended by:
XV.1996.65.
5. (1) When a counter has so disposed of the parcel of ballot
papers mentioned in the previous regulation he shall be given
another parcel to sort in the same manner and so on and so forth
until all the parcels on the rack have been counted.
(2) When all the parcels on the rack have been counted the
supervisor shall take the next topmost parcel of ballot papers from
each pigeon hole repeating the sorting process mentioned in
regulation 4 and in paragraph (1) of this regulation and so on and so
forth until all ballot papers have, in phases, been removed from the
pigeon holes, put on the rack and sorted.
Dubious Votes. 6. (1) Whenever the supervisor in charge of the sorting of
votes of an electoral division determines that in the tray marked as
"dubious" there are a sufficient number of ballot papers he shall
call one of the Electoral Commissioners to collect such papers.
(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
thereof not being less than three, shall, after hearing the
representations of the party delegates, or their substitutes decide in
respect of each paper, whether it is valid or invalid and if they
decide that it is invalid they shall so stamp the paper on its face.
(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.
Counting papers.
Amended by:
XV.1996.65.
7. (1) The Commission shall then count the number of papers
in the tray of each candidate, and credit each candidate with a
number of votes equal to the number of valid papers on which a
first preference has been recorded for such candidate, and they
shall ascertain the total number of valid papers in that division.
(2) When counting the number of papers placed in the tray of
each candidate, the supervisor shall direct that such papers be
bundled in packets of fifty papers each and that each packet is
counted by at least two counters.
(3) The Electoral Commission may order that in the same
electoral division the votes of more than one candidate shall be
counted contemporaneously provided that they ensure that the
ballot papers belonging to different candidates are kept separate.
(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.
   GENERAL ELECTIONS   [ CAP. 354.        69
Ascertainment of 
quota.
8. The Commission shall then divide the total number of valid
papers in each division by a number exceeding by one the number
of vacancies to be filled. The result increased by one, disregarding
any fractional remainder, shall be the number of votes sufficient to
secure the return of a candidate. This number is herein called the
"quota".
Candidate with 
quota elected.
9. If at the end of any count the number of votes credited to a
candidate is equal to or greater than the quota, that candidate shall
thereupon be elected.
Transfer of surplus. 
Amended by:
XV.1996.65.
10. (1) If at the end of any count the number of votes credited
to a candidate is greater than the quota, the surplus shall be
transferred, as in this regulation provided, to the continuing
candidates for whom the next available preferences have been
recorded on the ballot papers in the parcel or sub-parcel received
by the elected candidate at that count.
Priority of surplus.
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.
(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.
Original votes 
only.
(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.
Original and 
transferred votes.
( b ) If the votes credited to an elected candidate consist of
original and transferred votes, or of transferred votes
only, the Commission shall examine the papers
contained in the last sub-parcel last received by the
elected candidate whose surplus is to be transferred.
Papers sorted to 
next available 
preference.
( c ) In either case the Commission shall sort the
transferable papers into sub-parcels according to the
next available preference recorded thereon, shall make
a separate sub-parcel of the non-transferable papers
and shall ascertain the number of papers in each sub-
parcel of transferable papers and in the sub-parcel of
non-transferable papers.
Transferable 
papers equal or less 
than surplus.
(6) If the total number of papers in the sub-parcels of
transferable papers is not greater than the surplus, the Commission
shall transfer the whole of each sub-parcel of transferable papers to
the continuing candidate indicated thereon as the voter’s next
available preference, and shall set aside as a separate parcel so
many of the non-transferable papers as are not required for the
quota of the elected candidate. The particular papers set aside shall
be those last filed in the sub-parcel of non-transferable papers.
  70      CAP. 354. ]                GENERAL ELECTIONS
Transferable 
papers exceed 
surplus; 
proportionate 
transfer.
(7) ( a ) If the total number of transferable papers is greater than
the surplus, the Commission shall transfer from each
sub-parcel of transferable papers to the continuing
candidate indicated thereon as the voters’ next
available preference the number of papers which bears
the same proportion to the number of papers in the sub-
parcel as the surplus bears to the total number of
transferable papers.
Ascertainment of 
number of papers 
to be transferred.
( 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.
Treatment of 
decimal parts (to 
four significant 
places).
( 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.
Equality of 
decimal parts (to 
four significant 
places).
( d ) If two or more decimal parts (to four significant
places) are of equal magnitude, those decimal parts (to
four significant places) shall be deemed to be the
largest which arise from the largest sub-parcels and if
the sub-parcels in question are equal in size, the
decimal parts (to four significant places) credited to
the candidate with the greatest number of votes at the
first count at which the candidates in question had an
unequal number of votes shall be deemed to be the
largest. Where the numbers of votes credited to such
candidates were equal at all counts the Commission
shall determine by lot which decimal parts (to four
significant places) shall be deemed to be the largest.
Papers transferred 
from sub-parcels.
( 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.
Exclusion of 
candidates. One 
candidate 
excluded.
11. (1) If at the end of any count no candidate has a surplus
and one or more vacancies remain unfilled, the Commission shall
exclude from the poll the candidate credited with the lowest
number of votes; shall examine all the papers of that candidate;
shall sort the transferable papers into sub-parcels according to the
next available preferences recorded thereon for continuing
candidates; shall transfer each sub-parcel to the candidate for
whom that preference is recorded; and shall make a separate sub-
parcel of the non-transferable papers.
Two or more 
excluded.
(2) If the total of the votes of the two or more candidates
   GENERAL ELECTIONS   [ CAP. 354.        71
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.
Selection of 
candidate for 
exclusion.
(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.
(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 the then continuing candidates is equal to the number of
vacancies to be filled, the continuing candidates shall thereupon be
elected and no further transfer of votes shall be made.
Procedure in 
transferring votes. 
Papers transferred.
13. (1) Whenever any transfer is made each sub-parcel of
papers transferred shall be placed on the top of the parcel, if any, of
papers of the candidate to whom the transfer is made, and that
candidate shall be credited with a number of votes equal to the
number of papers transferred to him.
Non-transferable 
papers set aside.
(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.
Papers retained for 
quota.
(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.
request the Commission to re-examine and re-count all or any of
the papers dealt with during that count, and the Commission shall
forthwith re-examine and re-count accordingly the papers indicated
without making any alterations in the arrangements of the papers in
the various parcels save where such alteration may be necessary in
consequence of any error discovered in the re-count; the
Commission may also at their discretion re-count papers either
once or more often in any case in which they are not satisfied as to
the accuracy of any previous count; provided that nothing herein
shall make it obligatory on the Commission to recount the same
papers more than once.
Election petitions.
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.
  72      CAP. 354. ]                GENERAL ELECTIONS
(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.
Decision of 
returning officers 
on transfer.
16. (1) If any question shall arise in relation to any transfer of
votes, the decision of the Commission whether expressed or
implied by their acts, shall be final unless an objection is made in
writing by any candidate or agent before the declaration of the poll,
and in that event the decision of the Commission may be reversed
upon an election petition.
(2) If any decision of the Commission is so reversed, the
transfer in question and all operations subsequent thereto shall be
void and the court shall direct what transfer is to be made in place
of the transfer in question, and shall cause the subsequent
operations to be carried out and the result of the election to be
ascertained in accordance with these regulations.
Result of poll. 
Form of 
declaration.
17. The declaration of the result of the poll shall include a
record of any transfer of votes made under these regulations, and of
the total number of votes credited to each candidate after any such
transfer, and shall be in the form shown in the Schedule to these
regulations, or in a form to the like effect.
PART III 
Casual Vacancies
Notice of vacancy. 18. In the event of a seat becoming vacant the Commission
shall, within five working days from the date of the receipt of the
President’s Writ, give notice, to be published in the Gazette, of an
election to fill the seat vacated.
Nominations. 19. Within five working days after the publication of such
notice any person who:
( 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. 
Notice of valid 
nominations.
20. Within three working days after the last day fixed for the
receipt of nominations, the Commission shall decide on the validity
of the nominations, and shall publish in the authorised form, the
names, and description of the persons validly nominated, and the
electoral division the seat whereof is to be filled.
If two or more 
nominations, ballot 
papers of vacating 
member are 
examined.
21. If there are any valid nominations, the Commission shall,
within four working days, proceed to examine the ballot papers in
the sealed parcel of the vacating member and the following
provisions shall apply:
   GENERAL ELECTIONS   [ CAP. 354.        73
(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 candidate shall be credited with one vote 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 number 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 Commission shall exclude from the poll the
candidate credited with the lowest number of votes and shall
transfer his votes according to the next available preferences shown
upon the ballot papers for the continuing candidate or candidates.
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.
Vacancy filled by 
co-option in 
special cases.
22. (1) If a vacancy occurs in a seat which has been filled in
accordance with this Part of these Regulations, or in accordance
with subarticle (1) of article 54 of the General Elections Act, or if
on a vacancy occurring no candidate is validly nominated, or if
after examination of the ballot papers of the vacating Member no
candidate secures election, the vacancy shall be filled by co-option,
by the Members of the House of a person duly qualified for
membership of the House.
(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.
  74      CAP. 354. ]                GENERAL ELECTIONS
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
   GENERAL ELECTIONS   [ CAP. 354.        75
Substituted by: 
L.N. 178 of 1996.
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:
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 quotient 49
increased by l, neglecting the fraction) 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.
Votes
B ............................................................................... 140
F ................................................................................ 62
H ............................................................................... 50
C ............................................................................... 25
L ............................................................................... 24
G ............................................................................... 14
I ................................................................................ 12
D ............................................................................... 10
A ............................................................................... 7
E ............................................................................... 4
K ............................................................................... -
Total ................ 348
  76      CAP. 354. ]                GENERAL ELECTIONS
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-
parcels according to the next available preferences indicated
thereon.
In general the next available preference will be the second
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 further preference for any
continuing candidate 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.
   GENERAL ELECTIONS   [ CAP. 354.        77
The process is as follows:
The numbers of papers to be transferred as determined by the
preceding process contain decimal parts, and since only whole
papers can be transferred, so many of the largest of these decimal
parts, taken in order of their magnitude as will make the total
number of papers to be transferred equal 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
decimal parts .9412 and .5441 are reckoned as unity, and the
number of papers actually transferred are as follows:
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:
The remainders of the papers in the sub-parcels (i.e. those papers
not transferred), together with the papers on which no further
available preferences were marked are collected together and
formed into one parcel, representing B’s quota of votes (50).
D’s sub-parcel contains 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 contains 25
papers, and his share of the surplus
is therefore .................................... 25 x 0.6617647 or 16.5441
K’s sub-parcel contains 29
papers, and his share of the surplus
is therefore .................................... 29 x 0.6617647 or 19.1912
Total ..................................................... 90
To D ..................................................................... 53 papers
To E ..................................................................... 1 paper
To I ...................................................................... 17 papers
To K ..................................................................... 19 papers
Total, being B’s surplus ........................................ 90 papers
D ............................ 10+53 = 63
E ............................. 4 +1 = 5
I .............................. 12+17 = 29
K ............................ 0+19 = 19
  78      CAP. 354. ]                GENERAL ELECTIONS
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 ............................... 
Total, being B’s quota .................................. 50
The operations involved in this transfer are summarised in the
following table:
COUNT No.2
   GENERAL ELECTIONS   [ CAP. 354.        79
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
usually retained as part of the quota,  but when 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 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
manner 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.
  80      CAP. 354. ]                GENERAL ELECTIONS
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:
COUNT No. 4
TRANSFER OF "D’s" SURPLUS
Surplus ................................................................. 13
Number of transferable papers .............................. 52
Proportion to be transferred =
Surplus 13
= = 0.25
Number of transferable papers 52
   GENERAL ELECTIONS   [ CAP. 354.        81
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
first count, making 50 papers altogether, are formed into one
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
There being now no surplus required to be dealt with, the
Electoral Commissioner proceeds to transfer the votes 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.
  82      CAP. 354. ]                GENERAL ELECTIONS
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 to I, 1 to L, and 2 are non-transferable. I
thereby reaches a total of 59 votes, and is elected.
   GENERAL ELECTIONS   [ CAP. 354.        83
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.
These are examined and arranged 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 whole sub-parcels of transferable papers to the continuing
candidates indicated thereon as next available preference. This
accounts for 7 votes out of the surplus 9. There is a difference of 2
papers. The sub-parcel of non-transferable papers is therefore
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).
  84      CAP. 354. ]                GENERAL ELECTIONS
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
usually retained as part of the quota,  but when 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.
   GENERAL ELECTIONS   [ CAP. 354.        85
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.
  86      CAP. 354. ]                GENERAL ELECTIONS
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".
   GENERAL ELECTIONS   [ CAP. 354.        87
FOURTEENTH SCHEDULE 
(Article 118)
Articles 41 to 62 of the Electoral  ( Polling )  Ordinance  ( Cap 102 )
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 article 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
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 article 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 article or pays in contravention of this
articleof this article any money so provided as aforesaid, shall be
guilty of an illegal practice.
Periods for sending 
in claims and 
making payments 
for election 
expenses.
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 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
  88      CAP. 354. ]                GENERAL ELECTIONS
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 article 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 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.
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.
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
   GENERAL ELECTIONS   [ CAP. 354.        89
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.
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:
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 article 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 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.
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
  90      CAP. 354. ]                GENERAL ELECTIONS
knowingly made in contravention of this article 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 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.
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
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 article, 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.
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,
   GENERAL ELECTIONS   [ CAP. 354.        91
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.
Publication of 
notice in respect of 
return of election 
expenses.
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 commissioners’ 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.
Punishment on 
conviction for 
illegal practice.
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 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
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.
  92      CAP. 354. ]                GENERAL ELECTIONS
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. 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
   GENERAL ELECTIONS   [ CAP. 354.        93
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.
Punishment and 
incapacities for 
corrupt practice.
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 article 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 article 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
EXCUSE FOR CORRUPT AND ILLEGAL PRACTICES
Reasons 
exonerating 
candidates in 
certain cases of 
corrupt and illegal 
practice by agents.
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
  94      CAP. 354. ]                GENERAL ELECTIONS
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
and of his agents.
Power of court to 
except innocent act 
from being illegal 
practice, etc.
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 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.
Authorised excuse 
for non-
compliance with 
provisions as to 
return and 
declaration 
respecting election 
expenses.
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
   GENERAL ELECTIONS   [ CAP. 354.        95
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
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 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
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
  96      CAP. 354. ]                GENERAL ELECTIONS
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
GROUNDS FOR AVOIDING ELECTIONS
Avoidance by 
conviction of 
candidates.
61. Subject to the provision of article 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.
62. Subject to the provisions of article 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.
   GENERAL ELECTIONS   [ CAP. 354.        97
Added by:
XV.1996.66.
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
(1) Name in full
(2) Address of voter
