Part I: General Provisions (Secs. 1-6)
Part II: Electoral Commission and Office (Secs. 7-14)
Part III: Voters (Secs. 15-16)
Part IV: Electoral Divisions and Methods of Election (Secs. 17-18)
Part V: Registration of Voters (Secs. 19-29)
Part VI: Publication of Electoral Register (Secs. 30-35)
Part VII: Appeals to Revising Officer (Secs. 36-43)
Part VIII: Notices, Voting Documents and Ballot Papers (Secs. 44-50)
Part IX: Nomination of Candidates (Secs. 51-55)
Part X: Assistant Commissioners (Secs. 56-59)
Part XI: Voting (Secs. 60-79)
Part XII: Voting in Retirement Homes (Secs. 80-84)
Part XIII: Counting of Votes (Secs. 85-94)
Part XIV: Ballot Paper Account Reconciliations (Secs. 95-104)
Part XV: Sorting of Votes, Casual Elections and Co-optations (Sec. 105)
Part XVI: Publication of Results (Secs. 106-109)
Part XVII: Penal Provisions (Secs. 110-116)
Part XVIII: Saving and Repeal (Secs. 117-119)
Part XIX: Saving as to Right of Political Parties (Sec. 120)
SCHEDULES:
(Note: Only three of the Schedules are
accessible on this site: The 8th, 13th and 14th.)
First Schedule: Form of Oath of Office to be
taken by the Electoral Commissioners
Second Schedule: Form of Application for
Registration of Voter
Third Schedule: Form of Correction of Transfers
Fourth Schedule: Form of Application for the
Correction of Designation and Address
Fifth Schedule: Form of Application by Female
Elector for the Correction of Surname and Addresss in Consequence of Marriage
Sixth Schedule: Form of Writ to the Electoral
Commissioners by the President of
Seventh Schedule: Form of Voting Document
Eighth Schedule: Form of
Ballot Paper
Ninth Schedule: Form of Nomination Paper
Tenth Schedule: Form of Oath to be taken by
Assistant Electoral Commissioners
Eleventh Schedule: Form of Oath which an
Assistant Commissioner may administer to a Voter
Twelfth Schedule: Return of Election Expenses
Thirteenth Schedule: The General
Elections (Sorting of Ballot Papers, Casual Elections and Co-optations)
Regulations
Fourteenth Schedule: Sections
42 to 62 of the Electoral (Polling) Ordinance
General Provisions
1.
This Act may be cited as the General Elections (Amendment) Act, 1996.
2. (1) In this Act and in any regulations made
thereunder, unless the context otherwise requires --
'ballot box' means a box wherein voters place
their marked ballot papers;
'Commission' shall mean the 'Electoral
Commission' established by section 60 of the Constitution;
'House' means the House of Representatives
established by the Constitution;
'identity card' means a document which is an
identity card for the purposes of the Identity Card Act;
'official mark' means the stamp which the
Commission and the political parties direct the Assistant Commissioners to use
on the ballot paper prior to giving such ballot papers to the voter and may be
of such form as each of them may determine provided that it many 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 sections 10 and 14 of this Act, 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 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 section 46 of this Act;
(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
(a) in the case of any election held in
consequence of a dissolution of Parliament under subsection (1) of section 76
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 subsection (2) of section 76
of the Constitution of Malta, three months before the date of such dissolution.
3. 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.
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 expense so paid shall, so
soon as practicable, be laid on the Table of the House.
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.
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.
(2) Every Local Council secretary and every
police officer to whom an application as is referred to in subsection (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
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 section 60 of the Constitution. The Chief Electoral Commissioner shall be
responsible for the day to day running of the Electoral Office.
(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.
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 this Act.
9. (1) In the execution of their duties under this
Act, the Commissioner 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 sitting and ensuring
the respect due to them.
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 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 Commissioner or such other persons shall, notwithstanding any other law
or regulation, be bound to furnish such information immediately.
(6) Notwithstanding any provisions 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 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 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.
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 in regards to
access of terminals, the introduction, use and processing of information and in
the printing of documents for 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-mechanic process during the electoral process, to
demand the holding of a dummy run in order to ascertain the validity of the
said electro-mechanical process.
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.
13. (1) By virtue of this Act all Magistrates
serving in the Court of Magistrates (
(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 authorized 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 an 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 the
persons 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 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.
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 section 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.
PART III
Voters
15. Subject to the provisions of the next following
section, 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 section 57 of the Constitution
and provided he is not so disqualified in terms of section 58 of the
Constitution or in accordance with the provisions of this Act.
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
subsection (2) of this section shall be guilty of an offence and shall on
conviction be liable to the penalties established for offences against section
112 of this Act.
PART IV
Electoral Divisions and Method of Election
17. (1) For the purpose of the election of members
of the House, the
(2) Subject to the provisions of subsection (l)
of section 52 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 subsection (1) of this section shall be those established in
accordance with section 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 subsections (2) and (3) of section 61
and subsection (6) of section 66 of the Constitution:
Provided that, where an alteration to the
boundaries of the electoral divisions has been published under paragraph (d) of
subsection (3) of section 61 of the Constitution, nothing in this subsection
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.
18. The election of Members of the House shall be
according to the principle of proportional representation, each voter having
one transferable vote.
PART V
Registration of Voters
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.
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 authorized and
required to furnish to the Commission all information that it my 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 Superior Courts in Malta
and the Registrar of the Courts of Gozo or other persons having such function
shall, each with regard to the Court 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 offer 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, identify card number, if
any, and other particulars of any person who has been released from prison in
the preceding month.
(6) The public officer or other person
responsible for the office responsible for the grant or withdrawal of
citizenship shall within the first give 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.
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 subsection (1) of this section, 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 section 37 of the Constitution:
or
(b) has become disqualified for being so
registered for any of the reasons mentioned in section 58 of the Constitution.
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 section 23 of this Act.
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.
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 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
section 26 of this Act, cancel the registration of such voter and expunge his
name from the Electoral Register.
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.
26. (1) Prior to proceeding to the cancellation of
the registration of any voter in terms of section 24 of this Act 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
o 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 the satisfaction of the Commission within a period of seven days from
the service of such further notice.
(2) Any written communication which the Commission
requires to be made to it under this section 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 subsection (1) of this section 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.
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 paragraph (a) of
section 58 of the Constitution before it obtains the decision of the Medical
Board established in terms of section 14 of this Act 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 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.
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 provision 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 particulars of voters
effected by any such change.
29. The party delegates shall have the same powers
granted to the Commission by virtue of section 19 of this Act 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 as to the other party delegates.
PART VI
Publication of Electoral Register
30. (1) The lists of all persons who are entitled
to be 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 give
every voter the opportunity to object to the inclusion of any other voter in
accordance with the provisions of this Act.
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 Act, the word 'locality' shall have the
same meaning assigned to it in the Local Councils Act, 1993.
(2) The Electoral Register shall, in each
section 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.
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 section.
(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
section.
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 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 canceled 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 subsection (1) of section 31 of this Act, subdivides any locality
it shall show such information for each part of that locality so subdivided.
(5) The provisions of this section shall be and
remain inoperative from the day of any dissolution of the House until the
conclusion of the following general election.
(6) Notwithstanding the provisions of the last
preceding subsection, 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
section 61 of the Constitution: and
(b) such alteration has not been shown in a
revised electoral register under subsection (1) of this section,
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.
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.
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 section 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 section entitle any person to vote unless
he satisfies the requirements of this Act.
PART VII
Appeals to Revising Officer
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 section 23 of this Act 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.
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.
38. Any person whose registration as a voter is
canceled from the Electoral Register by virtue of the power vested in the
Commission in terms of section 24 of this Act shall have the right to appeal to
a Revising Officer not later than twenty-one days from the day he was
officially informed of the decision of the Commission.
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 subsection (1) of
this section, notwithstanding that no prior application may have been made to
the Commission for such purpose.
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, address or other particulars in accordance with subsection (1) of
this section, notwithstanding no prior application may have been made to the
Commission for such purpose.
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 section 27 of this Act.
(3) The provisions of subsection (1) of this
section 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.
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.
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 of other particulars
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.
44. (1) Whenever an election is to be held, the
President shall 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 Commissioner shall cause the Writ to be
published in the Gazette.
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 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 section, 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
subsection (3) of section 54 of this Act;
(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.
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
following 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 subsection (5) of this section;
(iii) the voting document of such voters shall
only be issued if the voter satisfies the requirements of section 47 of this
Act and shall be in accordance with the provisions of that section.
(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 subsection of this section 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 section shall mutatis
mutandis also apply with regard to the voting documents which remain
undistributed, in terms of subsection (4) of this section, when voting
documents are issued in terms of subsection (6) of this section, 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 subsection (1) of this
section, 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 subsection, 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 identity and of
establishing his claim to receive the document:
(8) The Commission shall publish the place and
times when voters may take delivery of their voting documents in terms of
subsection (6) of this section. 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
subsections (6), (7) and (8) of this section, where the Commission is aware
that any person whose name appears on the list mentioned in subsection (5) of
this section 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 subsection (8) of
this section 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 section 47 of this Act, 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 repented 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 subsections.
Provided that the document aforesaid shall not
be delivered to him unless he produces his identity card to the Commissioners
or other person appointed by the Commission to act on behalf of the
Commissioners.
47. Where a person whose name appears in the last
revised Electoral Register, but does not appear in the list published under
subsection (5) of section 46 of this Act, 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, 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 again the name of such voter in the list
mentioned in subsection (1) of section 64 of this Act and a list of all the
persons to whom a voting document is issued under this subsection shall be kept
at the Electoral Office and shall be open to inspection by any candidate,
candidate's agent, party agent or party delegate at all reasonable times until
the poll closes.
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 subsection ( 1 ) of section 46, the names and addresses
of the persons who up to that time have claimed delivery thereof in terms of
subsection (6) of section 46, the number of voting documents issued in terms of
section 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 subsection (6) of section 46 and section 47 of this Act
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.
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 as far as is
practically possible 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 name.
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 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 opposite 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 shown any
special colour for that party.
(8) Parties will be placed on the ballot paper
in alphabetical order.
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
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
(2) Immediately after a nomination paper has
been delivered to the Commission the name of the candidate shall be posted at
the entrance of the Electoral Office with an indication of the division for
which the candidate was nominated. Delivery of the nomination paper to the
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 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 section 52 of this Act 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 section 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 subsection (3) of this section exist.
(5) For the purpose of this section, 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
subsections (3) and (4) of this section, 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 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 section 49 of this Act the Commission is to start
printing the ballot papers.
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 is to be 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
subsection (3) of this section he shall forfeit both deposits.
(5) For the purpose of this section 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.
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 ease the President
may issue a new Writ for an election for that division.
54. ( 1) If at the expiration of the time fixed for
the receipt of 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 Commissioner 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 of
subsection (1) of this section, 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 of 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 Government Gazette over their signature stating
the names of the candidates and the divisor 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
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
section 49 of this Act, 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
PART X
Assistant Commissioners
56. (1) Subject to the provisions of the following
sections 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.
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 a half time 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 and those persons whom they wish to be held in reserve and
shall moreover have the right to indicate who of the persons nominated by them
should be assigned to polling places in retirement homes and hospitals. The
political parties may, if they so prefer, submit such lists in electro-magnetic
format. Notwithstanding the nomination by a political party each person so
nominated shall still file any application required by the Commission from any
other person wishing to serve as Assistant Commissioner
(3) For the purpose of the time established in
subsection (1) of this section, 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 ease 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
subsection (1) of this section, 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 place as Assistant Commissioners and their names..
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 subsection (1) of section 57 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 and occupation as well
as the polling booth at which each will be in attendance.
59. (1) The political parties, not later than four
days after the day mentioned in subsection (2) of section 58, 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 in
subsection (1) of section 58.
(2) Where an objection is received by the
Commission in terms of the preceding subsection of this section, it shall, not
later than the next following day, call a meeting of the party delegates to
discuss such objections.
(3) Any objection made in accordance with the
preceding subsections 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 subsection of this section shall be made immediately after the
determination of all the objections. The times mentioned in subsections (1) and
(2) of this section shall apply to objections to persons nominated as Assistant
Commissioners in terms of subsection (3) of this section, and if any objection
is received and upheld by the Commission, the Commissioner itself shall appoint
another person to be Assistant Commissioner in hi 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 subsection, 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 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.
PART XI
Voting
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 a 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, where 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.
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 subsection (1) of this section shall forward a list to the
Commission containing the names, addresses and identify 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 section 57 of this Act.
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
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 subsection (1) of this section shall forward a list to the
Commission containing the names, addresses and identity card numbers of the
persons nominated by them as district agents not later than the clay appointed
for the nomination of Assistant Commissioners in terms of section 57 of this
Act.
62. No person shall be appointed district agent,
candidate's 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.
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 candidate 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.
(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.
(b) Copies of such lists without photographs
shall be forwarded by the Commission to all political parties contesting the
election, who ask for such lists in writing, 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 surname so 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 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 last kept for the purpose by the
Assistant Commissioners and in such manner as is directed by the Commission.
(2) Voting shall be held on a Saturday. Voting
shall start at
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.
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.
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 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.
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.
68. (1) The Commission shall ensure that, as far as
to polling 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 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.
(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 (lay. 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 materials as the Commission shall determine
provided that the Commission shall ensure that it is suitable to be 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.
68A. (1) On any clay as near as practicable to the
day of the poll but not earlier than three clays 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 clay and shall seal such
documents and materials in the room designated for the purpose in accordance
with the previous section 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.
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
political 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..
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 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 subsection (l) of section 64 of
this Act, 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 subsection (3) of this section or to take the oath referred to in
subsection (5) of this section 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
subsection (1) of section 64 of this Act and otherwise satisfies the
requirements of this section, unless the person so claiming to vote, upon being
questioned under this section, 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
section, and of their refusal to allow any person to vote.
(9) Saving the provisions of section 77 of this
Act 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 canceled.
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
(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.
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 or
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) he 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
subsection (1) of this section, 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 the 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: '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
section 68 of this Act.
Such photographs shall be of such size and
description as the Electoral Commissioners may require and shall be displayed
in such manner as they shall direct and in the order in which the candidates'
names appear on the ballot-paper.
(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.
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.
74. The Assistant Commissioners shall in no ease
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.
75. Saving the provision of section 72, no
Assistant Commissioner or any other person shall record the vote f`?, 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.
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.
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 section.
(2) A mixed polling place is a polling place
which contains a ballot box for each electoral division and where the voters
mentioned in paragraphs (a) and (b) of subsection (4) of this section 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 section 45 of this Act;
(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 paragraph (a) of subsection (3) of
this section, 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
section, the persons who shall vote in accordance with paragraph (a) shall be
all those whose name is published in the list referred to in subsection (6) of
section 59 of this Act, 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 indicate(1 in paragraph (b) of subsection (3) of this
section, and it shall be the duty of the sub-committee set up under section ~
of this Act, 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..
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.
(2) For the purposes of the previous subsection
of this section the Assistant Commissioner 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 subsection (1) section 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 Commissioner
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 section 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, candidate or party agent representing such party as may be
present, and shall also be delivered to the Commission at the place specified
in paragraph of section 45 of this Act and the Commission shall immediately
thereon provide a copy to the party delegates.
(4) On completion of all the duties mentioned in
the preceding subsection of this section, 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 paragraph (c) of section 45.
(5) Party delegates, candidates, candidates'
agents 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
subsections of this section, 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 subsections of the section, 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 Commissioner shall ensure that
candidates, candidates' agents, party agents or party delegates as may be
present shall be called in prior to their starting the procedures outlined in
the previous subsections of this section for the sealing of ballot boxes and
packets and reconciliation;
(c) The candidates, candidates' agents, 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 subsections
of this section 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 section 64 of
this Act 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 section 64
of this Act with the names or the voting documents received by them;
(iii) to record the names and, or, the
particulars of the persons who have not voted;
(d) After all the procedures indicated in the
previous subsection of this subsection 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,
candidate's agent 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 subsection (3) of section 45 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 subsection shall be designated by the political
parties and shall be duly authorised by the Commission and shall bear
identification similar to that required by subsection (l) of section 63 and
shall have these names publicised in terms of subsection (2) of section 63;
(g) The refusal by any Assistant Commissioner to
sign any declaration or document shall not of itself invalidate the contents
thereof.
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
80. For the purposes of this Part, 'a retirement
home' means such place or places principally used for the care of elderly
persons in which at least fifty voters reside:
Provided that the provisions of paragraph (a) of
subsection (3) of section 81, of paragraph (b) of subsection (l) of section 82
and of section 83 shall not apply to retirement homes not run or administered
by the Government.
81. (l) 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 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.
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.
(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 section 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 of
Offenders Act and of section 22 of the Criminal Code shall not apply.
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 section 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) of this
subsection shall not apply to members of the subcommittee members of the staff
and relatives of patients who have been previously authorised to accompany
voters to vote:
Provided that such relatives shall at all times
wear proper identification tags issued to them by the Commission for the
purpose.
(7) Except with the special authorisation of the
sub-committee, no voter in a retirement home who has chosen the option to vote
on his own or to be accompanied by members of his family may be taken to vote
by members of the staff.
84. The sub-committee appointed in terms of section
81 of this Act shall function under the general direction of the Commission and
shall be bound to implement the decisions of the Commission.
PART XIII
Counting of Ballot papers
85. The counting of ballot papers shall take place
at the place and time specified in notice referred to in paragraph (d) of
section 45 of this Act 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 Part 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.
86. (1) Political parties contesting the election
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 and their agents
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
subsections of this section 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 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 section it shall be transferred to the room
designated by the Commissioner for the storage of all ballot boxes in terms of
section 45 of this Act. Ballot boxes shall be transferred from this room to the
counting area as soon as practicable 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 section 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 subsection 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.
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 subsection (1) of section
58 of this Act shall mutatis mutandis apply to the office of the counter,
supervisor and calculator as it applies to the office of Assistant
Commissioner.
(3) A list of the persons appointed as counters'
supervisors and calculators shall be published by the Commission in the
Gazette, together with the list of persons appointed as Assistant Commissioners
and the procedure established for the nomination by political parties and for
objections to Assistant Commissioners shall mutatis mutandis apply to
supervisors and counters.
(4) All counters, supervisors and calculators
shall be issued with identity documents specifying the details provided for
candidates' and 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 out
of 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 divisor and that the
political parties are adequately represented in the choice of persons to act as
supervisor 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 ~ 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.
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 section, an oath for the faithful discharge of the duties
assigned to him.
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 the number of
candidates presented by it to contest the election and such agent shall at all
times have access to the said building and to the counting hall at all times.
These agents shall henceforth in this Act be referred to as 'counting agents'.
The list of such agents shall be presented to
the commission at least twenty one days prior to the start of the poll, the
Commission shall inform the political parties of all the agents so 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 and once
nominated and accepted by the Commission, may not, for any reason' be changed
by the political party nominating them.
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.
(3) The party delegate, candidates, candidates'
agents and counting agents shall be issued with an identity document indicating
the details required for candidates' 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.
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
professions, failing which such an accreditation is to be cancelled by the
Commission. The Commission is further bound to give the political parties, not
later than five days prior to the date of the poll, a detailed list of all
those persons accredited by it to carry out any functions at the counting hall
during the counting process.
(d) an area adjacent and communicating with the
counting hall shall be provided for the storage of the ballot boxes and that
during the time the boxes are stored in such area they shall at all times be
visible from all parts of the counting hall and the party delegates and their
sub-delegates shall have the right of free access thereto at all times;
(e) a number of rooms as near as possible to the
counting hall shall be provided for every political party contesting the
election and shall be equipped with such facilities as the Commission, after
consulting the political parties, think fit;
(f) in the counting hall itself counters shall
be separated from the candidates and agents by a wall of unbreakable
transparent material on 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;
(j) 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 Commissioner shall show the party delegates how they propose to
allocate and separate the different areas of the said building and shall
consider suggestions made by the said delegates in this regard;
(l) notwithstanding anything else contained in
this Act, the party delegates and their substitutes, shall at all times have
access to any part of the building for the purpose of ensuring that the
provisions of this Act are being enforced.
91. The Commission shall ensure that as far as
practicable full and constant broadcasting coverage is given of the counting
and transfer of ballot papers and for such purpose shall allow entry into the
building to bona fide broadcasting personnel and apparatus.
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.
(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.
(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..
93. Notwithstanding anything else contained in this
Act, candidates, candidates' agents 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 candidate or party represented by them.
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
95. As soon as practical after ballot boxes start
being deposited in the room designated by the Commission to hold the ballot
boxes in terms of section 45 of this Act, the Commission shall 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 (as soon as possible 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..
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 section 45 of this Act, the party delegates or their substitutes shall
have the 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.
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.
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.
99. Where no objections are made and where the
Electoral Commission in terms of the previous section 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 votes
in that ballot box corresponds to the 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.
101. Where the ballot papers in the ballot box and
the ballot paper account tally, the votes 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.
102. The process described in sections 95 to 101 of
this Act 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.
103. Ballot papers belonging to a division other
than that to which the ballot box pertains shall be treated in the manner
established in section 99 and shall be retained at the counting table of the
division where the relative ballot box from which they originated was placed
and shall not, at this stage, be transferred to the appropriate division.
104. (1) After all ballot boxes in all electoral
divisions have been opened and reconciled with the relative ballot paper
account the Electoral Commission on shall prior to proceeding g 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
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
section 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
subsection (1) of this section 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 subsections (1) to (3) of this section, 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
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 subsection (1) of section 54
or who is declared elected in accordance with the provisions of this section
shall be considered to be a Member of the House of Representatives.
(4) The Commission shall publish in the Gazette
not later than seven days after the end of counting a declaration of the
results 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.
107. (1) The Commission shall preserve until the
publication of the official results 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, candidates'
agents and counting agents shall have the right to affix their seals and signatures
to such 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 subsection (l) of section 78
and in section 107 and the production of one or 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.
109. (1) If at an election any person is returned as
a member of 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 section 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
he deemed to have vacated his seat in the other division.
PART XVII
Penal Provisions
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 ends hall on conviction be liable to imprisonment for
a term not exceeding one month or to a fine (multa) not exceeding fifty liri or
to both such imprisonment and fine.
111. Every person who misconducts himself in any
polling place or contravenes any of the provisions of section 66 or 67 of this
Act 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
fifty liri.
(a) forges or fraudulently defaces or
fraudulently destroys any nomination paper or delivers to the Commission 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 Commission or the
Election Commissions or the Assistant Commissioners; or
(e) is in unlawful possession of any voting
document or ballot paper; or
(f) fraudulently puts into any ballot box
anything other than the ballot paper which he is authorised by law to put in;
or
(g) fraudulently takes out of the polling place
any ballot paper; or
(h) without due authority, destroys, takes,
opens or otherwise interfere 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.
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 section or attempts to commit any such offence shall
be liable, on conviction, to the punishment provided for the offence.
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 one hundred liri or to imprisonment for a term not exceeding
one month or to both such fine and imprisonment.
114. (1) During the day on which an election of
Members of the House is held and during the day immediately preceding such an
election, no person shall address any public meeting or any other gathering
whatsoever in any place or building accessible to the public, or on the
broadcasting media, on any matter intended or likely to influence voters in the
exercise of the franchise, or publish or cause to be published any newspaper,
printed matter or other means of communication to the public containing any
matter aforesaid, or issue or cause to be issued any statement or declaration
on any matter aforesaid or knowingly distributes 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 section
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 section or attempts to commit any such
offence, shall be liable on conviction to the punishment provided for the
offence.
115. (1) All questions regarding the right of any
person to be or remain a Member of the House shall be referred to and decided
by the
(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 section, the provisions of the Criminal Code shall
apply to any such proceedings.
(3) Notwithstanding anything contained in the
Probation of Offenders 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.
116. (l) Except as provided in subsection (2) of
this section 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 subsection 91 of this
section 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 section 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 subsection (1) of this section.
PART XVIII
Saving and Repeal
117. Notwithstanding any other provisions 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 Constitution
Court by any person on an action to invalidate the election, whether in any or
in all divisions.
118.
Subject to the provisions of section 12 of the Interpretation Act, the
Electoral (Franchise, Method of Election and Registration of Voters) Ordinance,
and the Electoral Polling) Ordinance, except for sections 41 to 62 thereof,
which sections are reproduced in the Fourteenth Schedule to this Act, are
hereby repealed.
119. The Electoral Register published in terms of
the Electoral (Franchise, Method of Election and Registration of Voters)
Ordinance and in force immediately before the coming into force of this Act,
shall continue in force and be deemed to have been published under Part VI of
this Act.
PART XIX
Saving as to Right of Political Parties
120. 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.