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Article 77
 

(1) Notwithstanding anything to the contrary contained in this Act, the Commission shall provide mixed polling places for the purposes and in the manner provided for by this article.


(2) A mixed polling place is a polling place which contains a ballot box for each electoral division and where the voters mentioned in sub article (4)(a) and (b) shall vote independently of the electoral division where they may be registered in the last published Electoral Register by casting their vote in the ballot box appertaining to the electoral division where they are registered.


(3) The Commission shall only provide mixed polling places in the following localities:


(a) at the place where the counting of votes is to take place in terms of article 45;


(b) at Saint Vincent de Paule;


(c) at Mater Dei Hospital Msida, Karen Grech Hospital Gwardamanga, Mount Carmel Hospital Attard, and Gozo General Hospital.


(3A) (a) Notwithstanding the other provisions of this Act or of any other law, every registered voter who is entitledto vote at a general election, at an election of Members of the European Parliament or at a Local Council election and who is entitled to receive the voting document and who declares on oath before the Electoral Commission or such other persons appointed by the Commission to act instead of the Commissioners that he will not be inMalta on the day of the election, shall be entitled to cast his vote at the place indicated in sub article (3)(a) between 7.00 am and 10.00 pm seven days before polling day.


(b) The sworn declaration referred to in paragraph (a):


(i) may be made, as of right, until noon of the Friday immediately preceeding the day establishedfor voting before polling day in accordance with paragraph (a), and


(ii) shall be made in such form and in accordance with such procedure as the Electoral Commission may require.


(c) All the provisions of this Act applicable to voting by Assistant Commissioners shall, without prejudice to this sub article, be applied mutatis mutandis to registered voters entitled to vote before polling day in accordance with paragraph (a):


Provided that any person who takes the oath as aforesaid and who did not receive his voting document, shall be given, by the Commission or persons nominated by the Commission to act on behalf of the Commissioners, such document when such person takes such oath; or in default, such document may be collected by such person himself from the place designated by the Commission for the purpose of such person voting seven days prior to polling day; provided that such person produces his identity card to the representative of the Commission who is delegated by the Commission for the purpose of delivering such document:


Provided further that a person who, after having made a sworn declaration in accordance with paragraph (a) does not vote on the day established for voting before polling day, shall have the right to vote on polling day.


(3B) Notwithstanding the provisions of this Act or of any other law, the Chairman and Members of the Electoral Commission shall, in a general election, in an election of Members of the European Parliament and in a Local Council election, vote at the place indicated in sub article (3)(a) between 7.00 am and 10.00 pm seven days before polling day.


(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 sub article (3)(a), and shall do so the day preceding the polling day between 7.00a.m.and 10.00 p.m.


(b) For all effects and purposes of this article, the persons who shall vote in accordance with paragraph (a) shall be all those whose name is published in the listreferred to in article 59(6), even if anyone of such persons shall have resigned his appointment after the publication of that list.


(c) All voters who seven days before polling day shall be resident, but not registered as voters, at Saint Vincent de Paule shall vote at the place indicated in sub article(3)(b), and it shall be the duty of the sub-committee set up under article 81, to determine who these voters shall be.


(d) All voters who three days before polling shall be registered as patients at Mater Dei Hospital, Karen Grech Hospital, Mount Carmel Hospital, and at the Gozo General Hospital, shall vote in the place indicated in sub article (3)(c) and it shall be the duty of the sub-committee set up under article 81, to determine who these voters shall be.


(e) Notwithstanding the other provisions of this Act,voters residing at Saint Vincent de Paule as well asvoters who shall vote in a hospital in accordance withparagraph (d) shall vote on the day prior to election daybetween 7.00 am and 10.00 pm.


(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) In the case of those voters voting in the localities indicated in sub article (3)(a) and (b), a copy of the list of persons entitled to vote insuch mixed polling place shall be given by the Electoral Commission to the political parties, at least four days prior to polling day. The list of the persons entitled to vote in locality indicated in sub article (3)(c) shall be given by the Electoral Commission to the political parties by not later than midnight of the Thursday preceding the polling date.