Home > 1.1.2 Voters' registration and registers > MALTA - General Elections Act
 
 
 
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Article 26
 

(1) Prior to proceeding to the cancellation of the registration of any voter in terms of article 24 the Commission shall by notice in writing by means of a registered letter and, separately and  at the same time, an identical letter sent by ordinary post, require such  person to provide such information or such proof or evidence as it  may deem necessary to establish such person’s right to remain  registered as a voter and if such person fails, within ten days of the  posting of such notice by the Commission, to provide in writing  such information, proof or evidence to the satisfaction of the Commission, the Commission may cancel his registration or  expunge his name from the Electoral Register: 


Provided that in the case of a person’s total failure to  answer the aforesaid notice within the aforesaid period of time, the  Commission shall not proceed to cancel his registration or expunge  such person’s name from the Electoral Register before it shall have  served upon such person a further notice in writing to provide such information, proof or evidence to the satisfaction of the Commission within a period of ten days from such further notice.  Copies of notices made pursuant to this article shall also be delivered to  the party delegates: 


Provided further that in the case of the Local Councils’  Electoral Register and the European Union Electoral Register, in the  event of a person (a) having not been effectively served with his voting  document and not having collected his voting document pertaining to  elections in the past 12 years; and (b) not having a valid identity card or  residence card; and (c) having totally failed to answer the aforesaid  notices within the aforesaid period, the Commission shall, on the lapse  of the period established in sub-article (1), proceed to cancel the  registration of the voter or expunge the voter’s name from the Local  Councils’ Electoral Register and, or the European Union Electoral  Register but on doing so it shall attempt to serve upon such person a  further notice in writing stating that such cancellation or expunging have  been made and it shall publish a notice of the said cancellation or  expunging in the Gazette and in at least one local newspaper. The cancellation or expunging aforesaid shall come into effect on the lapse  of one month from the date when notice of the same is published in the  Gazette. 


(2) Any written communication which the Commission requires to be made to it under this article may either be delivered  at the Electoral Office or forwarded to the Commission free of any  charge for posting. 


(3) The further notice referred to in the first proviso to sub-article 


(1) shall be served by a police officer or by any other person  appointed for the purpose by the Commission and such notice shall  be deemed to have been served by delivery of the notice to the  person to whom it is addressed, or to a person who is or reasonably  appears to be not under fourteen years of age and who is either a  member of the family or household or in its service, at the address  of the voter as shown in the Electoral Register. This sub-article does not apply in the case of the Local Councils’ Electoral Register and the  European Union 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, which letter shall  also advise the person that if he possesses all the qualifications to be  registered as a voter, he should immediately reapply to be so reregistered,  and shall copy such letter to the party delegates.