EUROPEAN PARLIAMENT ELECTIONS ġ CAP. 467.  1
CHAPTER 467
EUROPEAN PARLIAMENT ELECTIONS ACT
To  make provision for the holding of electioms to the European
Parliament.
1st January, 2004
ACT XVI of 2003.
Short title.
Elections Act.
Interpretation.
"the Act" means the Act of the member States of the European
Communities concerning the election of the representatives of the
Assembly by direct universal suffrage annexed to Decision 76/787/
ECSE, EEC, Euratom published in the Official Journal of the
European Union, as from time to time amended;
"competent authority" means the body in a Member State
charged with the conduct of elections of members of the European
Parliament and the registration of voters therefor;
"election of members of the European Parliament" means
elections of members of the European Parliament held in
accordance with, and pursuant to, the Act and the Treaty;
"Electoral Commission" means the Electoral Commission
established by article 60 of the Constitution;
Cap. 354.
"Electoral Register" means the Electoral Register published in
accordance with the provisions of the General Elections Act;
"Electoral Roll" in relation to Malta means the Electoral Register
and the European Union Electoral Register and in relation to other
Member States means the official register of all voters entitled to
vote in a particular constituency or locality, drawn up and kept up
to date by the competent authority under the applicable electoral
law of the Member State or the population register where such
register indicates eligibility to vote;
"European Parliament" means the European Parliament referred
to in the Treaty;
"European Union" means the European Union referred to in the
Treaty;
"European Union Electoral Register" means the register of voters
kept in accordance with articles 11 to 14;
"Home Member State" means the Member State of which a
person is a national;
"Member State" means a State which is a member of the
European Union;
Cap. 460.
"the Treaty" has the same meaning assigned to it in article 2 of
the European Union Act.
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Election of 
members of the 
European 
Parliament in 
Malta.
3. The election of members of the European Parliament shall
be held in accordance with the provisions of this Act.
Number of 
members of the 
European 
Parliament.
4. The number of members of the European Parliament to be
elected shall be that established by or under the Treaty.
Date and time of 
elections.
5. (1) Elections of members of the European Parliament shall
be held every five years commencing in 2004, on the second
Saturday in June or on such other date as the Prime Minister may
by notice in the Gazette from time to time establish.
(2) Voting shall start at 7.00 a.m. and close at 10.00 p.m.
Electoral 
Commission to 
conduct elections 
etc.
6. The registration of voters for Elections of members of the
European Parliament, the conduct of the relevant elections and the
counting of votes shall be the sole responsibility of the Electoral
Commission.
Method of 
Election.
7. The election of Members of the European Parliament shall
be conducted according to the principle of proportional
representation by means of the single transferable vote, each voter
having one such vote.
Malta to constitute 
one electoral 
division.
8. For the purpose of election of Members of the European
Parliament the territory of Malta shall constitute one single
electoral division.
Election Notice. 9. At least thirty five-days before the day fixed for election of
Members of the European Parliament, the Electoral Commission
shall issue and publish in the Gazette a notice in the form set out in
the First Schedule.
Persons entitled to 
vote.
10. Every person whose name appears in the Electoral Register
last published before the date fixed for the election and every
person whose name appears in the European Union Electoral
Register and who in either case has not, following the publication
of the said Electoral Register or the said European Union Electoral
Register, been convicted of any offence connected with the election
of members to the House of Representatives or with the election of
members of Local Councils or with the election of members of the
European Parliament shall be entitled to vote in elections of
members of the European Parliament.
Qualifications for 
voters in the 
European Union 
Electoral Register.
11. Subject to the provisions of article 12 a person shall be
qualified to be registered in the European Union Electoral Register,
if:
( a ) he is a national of a Member State whose name does
not appear in the Electoral Register; and
Cap. 258.
( b ) he is requested to be, and is, in possession of an
identity card in accordance with the Identity Card Act;
and
( c ) he fulfils the requirements listed in article 57( b ) and
( c ) of the Constitution:
Provided that for the purposes of this paragraph
EUROPEAN PARLIAMENT ELECTIONS ġ CAP. 467.  3
residence in any Member State shall be deemed to be
residence in Malta;
( d ) he declares that he will exercise his right to vote for
election of members of the European Parliament in
Malta only; and
( e ) he has not been deprived of the right to vote in his
Home Member State,
and unless he satisfies the requirements of paragraphs ( a ) to ( e )
above shall not be so qualified.
Disqualification of 
voters in the 
European Union 
Electoral Register.
12. No person shall be qualified to be registered in the
European Union Electoral Register if -
( a ) he is interdicted or incapacitated for any mental
infirmity by a court in a Member State or is otherwise
determined in a Member State to be of unsound mind;
( b ) he is serving a sentence of imprisonment (by whatever
name called) exceeding twelve months imposed on
him by a court in a Member State or substituted by
competent authority for some other sentence imposed
on him by such court, or is under such a sentence of
imprisonment the execution of which has been
suspended; or
( c ) he is disqualified for registration as a voter by or under
any law in Malta by reason of his having been
convicted of any offence connected with the election
of members of the House of Representatives, members
of Local Councils or members of the European
Parliament.
Publication of 
European Union 
Electoral Register.
13. (1) The Electoral Commission shall publish the European
Union Electoral Register which shall contain the list of all persons
qualified to be registered therein in accordance with article 11.
Cap. 254.
publication and correction of, and the striking off of names from,
the Electoral Register shall unless otherwise provided in this Act
apply in relation to the European Union Electoral Register.
(3) A Maltese national who is registered in the European Union
Electoral Register who is qualified to be registered in the Electoral
Register shall have his name cancelled from the European Union
Electoral Register upon being registered in the Electoral Register.
(4) A Maltese national who for any reason has his name struck
off the Electoral Register but who is qualified to be registered in
the European Union Electoral Register shall, on his name being
struck off from the Electoral Register, be registered in the
European Union Electoral Register.
Registration in the 
European Union 
Electoral Register.
14. (1) A person desiring to be registered in the European
Union Electoral Register shall only be so registered and shall only
be entitled to remain so registered if, besides satisfying the
requirements of article 11, he declares to the Electoral
Commission:
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( a ) that he is resident in Malta;
( b ) his nationality;
( c ) the date on which he took up residence in Malta or in
any other Member State;
( d ) his address in Malta;’
( e ) the locality or constituency in his Home Member State
or any other Member State, if any, on the Electoral
Roll of which his name was last registered;
( f ) that he will exercise his right to vote in Malta only;
( g ) that he has not been deprived of his right to vote in his
Home Member State;
and he produces to the said Commission a valid identity document:
So however that the Electoral Commission shall have the
right, whenever it deems it so opportune, to require a person whose
name appears in the European Union Electoral Register to make a
fresh declaration as herein above provided.
(2) Where a person satisfies the requirements of subarticle (1),
the Electoral Commission shall enter his name in the European
Union Electoral Register if it is satisfied that he is so qualified in
accordance with article 11.
Exchange of 
information in 
connection with 
registration of 
voters.
15. (1) The Electoral Commission shall notify the competent
authority of the Home Member State of any declaration made by
any person in accordance with article 14, for the sole purpose of
verifying the contents thereof; and where upon information
received from the home Member State it results that the contents of
the declaration are not true, the Electoral Commission shall not
register such person in the European Union Electoral Register, or,
if such person is already registered, it shall strike off his name.
(2) The Electoral Commission shall verify the contents of
similar declarations made to the competent authorities in other
Member States and shall communicate to them any relevant
information in its possession.
(3) Information exchanged in terms of this article shall be
provided in good time and in an appropriate form and manner and
may only include details that are strictly necessary for the
implementation of the provisions of this article and may only be
used for such purposes.
Deregistration 
from European 
Union Electoral 
Register.
16. A person whose name appears on the European Union
Electoral Register may at any time, in writing, request the Electoral
Commission to remove his name from such Register and thereupon
his name shall be struck off the European Union Electoral Register.
Elimination of 
double voting.
17. (1) No person shall in an election of members of the
European Parliament cast his vote in Malta and in another Member
State.
(2) Any person who acts in contravention of the provisions of
subarticle (1) shall be guility of an offence and shall upon
conviction be liable to imprisonment for not more than six months
EUROPEAN PARLIAMENT ELECTIONS ġ CAP. 467.  5
or to a fine ( multa ) of not more than ten thousand liri or to both
such fine and imprisonment.
(3) For the purpose of ensuring compliance with subarticle (1)
the Electoral Commission shall, sufficiently in advance of the day
fixed for voting, inform the competent authority in the Home
Member State of any person listed in the European Union Electoral
Register who has opted to cast his vote in Malta.
(4) Where the Electoral Commission received information from
the competent authority of another Member State that a person,
whose name is entered in the Electoral Register or the European
Union Electoral Register, has been registered in the Electoral Roll
of such state, it shall for the purposes of the election of members of
the European Parliament strike off that person’s name from the
Electoral Register, or the European Union Electoral Register, as the
case may be.
Persons qualified 
to stand for 
elections.
18. Subject to the provisions of article 19, a person shall be
qualified to stand for election as a member of the European
Parliament if such person is registered as a voter in the Electoral
Register or in the European Union Electoral Register:
Provided that public officers or any class or classes thereof
may be restricted from standing for election as members of the
European Parliament by the Public Service Management Code or
such other regulations, rules or norms applicable from time to time
to the Public Service.
Persons not 
qualified to stand 
for election.
19. (1) Without prejudice to the provisions of the Act, no
person shall be qualified to stand for election as a member of the
European Parliament or, if elected, to remain a member thereof if,
whether in Malta or in any other Member State -
( a ) he is a member of any disciplined force as defined in
article 47(1) of the Constitution or of a corresponding
force of another Member State;
( b ) he holds any office the functions of which involve any
responsibility for or in connection with the conduct of
elections of members of the European Parliament or
the compilation or revision of any Electoral Roll;
( c ) he is an undischarged bankrupt having been adjudged
or otherwise declared bankrupt under any law in force;
( d ) he is interdicted or incapacitated for any mental
infirmity or for prodigality by a court or is otherwise
determined to be of unsound mind;
( e ) he is serving a sentence of imprisonment (by whatever
name called) exceeding twelve months imposed on
him by a court in a Member State or is under such a
sentence of imprisonment the execution of which has
been suspended;
( f ) he is a member of the judiciary;
( g ) he has been disqualified for standing for the election
of members of the European Parliament in terms of
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any law in force;
( h ) he is standing as a candidate for the election of
members of the European Parliament in the same
election in another Member State.
Incompatibility of 
certain officers.
Cap. 363.
(2) The office of member of the European Parliament shall be
incompatible with that of member of the House of Representatives
or of member of a Local Council under the Local Councils Act or
of any other similar institution or organ in another Member State,
and where a person who holds one of the said offices is elected to a
second such office that person shall, within five working days of
the publication of the results of the election to such second office,
renounce one of these offices:
Provided that where a person fails to renounce one of these
offices within the said term of five working days, he shall be
deemed to have renounced the office of member of the European
Parliament.
Provisions with 
regard to candidate 
registered in the 
European Union 
Electoral Register.
20. (1) A candidate whose name appears on the European
Union Electoral Register shall, when filing his nomination as
candidate, also make a formal declaration in writing to the
Electoral Commission stating that he is not standing as a candidate
in any other Member State, and shall also produce to the Electoral
Commission a valid identity document.
(2) A candidate whose name appears in the European Union
Electoral Register and who is not a Maltese national shall also
produce to the Electoral Commission a declaration from the
competent authority of his Home Member State certifying that he
has not, otherwise than because of his having been registered in the
European Union Electoral Register, been deprived of the right to
stand for election in that Member State or that no such
disqualification is known to that authority.
(3) The Electoral Commission shall notify the competent
authority of the Home Member State of the declarations made in
accordance with subarticle (1) for the sole purpose of verifying the
contents thereof and if upon information received from the Home
Member State it results that the contents of the declaration are not
true, the Electoral Commission shall not register the person as a
candidate, or if he is already registered, shall strike off his name
from the list of candidates:
Provided that such striking off is effected before the ballot
papers are printed:
Provided further that with respect to any such person who is
a Maltese national the provisions of this subarticle shall apply as if
any reference therein to Home Member State were a reference to
the last Member State in which such person resided before taking
up residence in Malta.
(4) The Electoral Commission shall verify similar declarations
notified to it by the competent authority of other Member States
and shall supply such competent authorities with the relevant
information.
EUROPEAN PARLIAMENT ELECTIONS ġ CAP. 467.  7
(5) Information exchanged in terms of this article shall be
provided in good time and in an appropriate manner and may only
include details that are strictly necessary for the implementation of
the provisions of this article and may only be issued for such
purpose.
Conduct of 
Elections.
Cap. 354.
Cap. 102.
21. (1) Save as otherwise provided in the Second Schedule
and save where such provisions are incompatible with the
provisions of this Act, the provisions of the General Elections Act
and of the Electoral Polling Ordinance shall apply to the conduct of
elections, and to the counting of votes in elections, of members of
the European Parliament.
(2) The Electoral Commission may, from time to time, issue
directives interpreting as may be necessary the provisions of the
General Elections Act and of the Electoral Polling Ordinance in
their application to the election of members of the European
Parliament under this Act. Such directives shall be immediately
applicable and shall be published in the Gazette in the shortest time
practicable.
(3) ( a ) The counting of votes shall commence at noon of the
Sunday following the day of voting or at such other
time or day as the Prime Minister may by notice in the
Gazette from time to time establish.
( b ) The Electoral Commissioner shall ensure that the result
of the first count of votes is not officially made known
until after the close of polling in all Member States.
(4) The Prime Minister may by regulations under this
subarticle establish the maximum expenses that may be incurred by
a candidate at an election of members of the European Parliament
or his election agent whether before, during, or after an election on
account of or in respect of the conduct of such election.
Filling of 
vacancies.
22. Wherever the seat of any Member of the European
Parliament elected under this Act becomes vacant, the vacancy
shall be filled in the manner provided by or under any law for the
time being in force in Malta for the filling of vacancies of members
of the House of Representatives:
Provided that where a vacancy is to be filled by means of
co-option, that co-option shall be made by the House of
Representatives from among the candidates who had contested the
same election.
Scope of this Act.
otherwise requires apply only in relation to members of the
European Parliament who fall to be elected in Malta.
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FIRST SCHEDULE
(Article 9)
Form of Notice by the Electoral Commission.
The Electoral Commission established in terms of article 60 of the Constitution
hereby notifies that in virtue of the provision of the European Parliament Elections
Act, 2003, an election is being held on Saturday, ................................... .
SECOND SCHEDULE
(Article 21)
Provisions Regulating the Conduct of Elections of Members to the European 
Parliament
1. Application of the General Elections Act, Cap. 354.
The General Elections Act, including the Schedules attached thereto and any
regulations made thereunder, shall apply to the election of members of the European
Parliament as if:
( a ) unless otherwise determined by the Electoral Commission because of
their context, references therein to election, general election or election
of the members of the House of Representatives were references to
elections of the members to the European Parliament;
( b ) unless otherwise determined by the Electoral Commission because of
their context, references therein to candidates were a reference to
candidates for election as members to the European Parliament;
( c ) unless otherwise determined by the Electoral Commission because of
their context, references therein to the transfer of the registration of a
voter in Part II thereof include the transfer of registrations between the
Electoral Register and the European Union Electoral Register and vice-
versa;
( d ) unless otherwise determined by the Electoral Commission because of
their context, references therein to divisions or electoral divisions were
references to the territory of Malta as a single electoral division under
this Act;
( e ) unless otherwise determined by the Electoral Commission because of
their context, references therein to the Electoral Register were
references to the European Union Electoral Register, or according to the
context, also to the European Union Electoral Register;
( f ) unless otherwise determined by the Electoral Commission because of
their context, references therein to voters and registered voters include
voters registered in the European Union Electoral Register;
( g ) the number of district agents to be nominated by each political party in
terms of article 61A(1) thereof was a number equal to the number of
electoral divisions in which Malta was divided in the last general
election held immediately before the holding of the election of members
of the European Parliament;
( h ) the number of counting agents to be nominated by the political parties
EUROPEAN PARLIAMENT ELECTIONS ġ CAP. 467.  9
in terms of article 89(2) thereof was such number as is equal to the
number of counters being used by the Electoral Commission at the time
in question;
( i ) reference to the Writ therein were a reference to the Notice issued by
the Electoral Commission in terms of article 9 of this Act;
( j ) articles 15 to 18, 77(2), 103, 104(2) to 104(4), and 109 thereof were
deleted; and
( k ) in the Thirteenth Schedule thereto all references to the transfer of votes
between divisions were deleted.
2. Application of the Electoral Polling Ordinance, Cap. 102.
The Electoral Polling Ordinance shall apply to the election of members of
the European Parliament as if the references therein to election and election of the
House of Representatives were references to the election of members of the
European Parliament:
Provided that for the purposes of elections of members of the European
Parliament the reference to six hundred liri and three thousand liri in article 46
thereof were a reference to such sum as the Prime Minister may from time to time
establish under 21(4) of this Act.
