Home > 1.1.3 Submission of candidatures > MALTA- General Elections Act
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Article 51

(1) A candidate for election shall be nominated in writing. The nomination paper which shall be in the form set out in the Ninth Schedule to this Act, shall be signed by the candidate himself, (or, in the event of his absence from these Islands, by a duly appointed representative), and by, at least, four voters registered in the electoral division for which the candidate is nominated. The nomination paper shall be delivered to one of the Commissioners at the Electoral Office by the candidate himself or if he is prevented by illness or absence from these Islands by his lawful representative within the period specified in the notice referred to in section 45.

(2) Immediately after a nomination paper has been delivered to the Commission the name of the candidate shall be posted at the entrance of the Electoral Office with an indication of the division 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.