(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 one or more mixed ballot boxes for different divisions, as the case may be, and where the voters mentioned in sub-article (4)(a) and (b) shall vote independently of the division where they may be registered in the last published Electoral Register by casting their vote in the mixed ballot box appertaining to the divisions where they are registered.
(3) The Commission shall only provide mixed polling places in the following localities:
(a) in a place in Malta for registered voters in Malta and in a place in Gozo for registered voters in Gozo, that the Commission shall establish by notice in the Gazette according to article 45;
(b) at Saint Vincent de Paule;
(c) at Mater Dei Hospital Msida, Karen Grech Hospital Gwardamanġa, Mount Carmel Hospital Attard, and Gozo General Hospital;
(d) at such places designated for the casting of votes by voters who are resident at retirement homes as defined in article 80 on the Saturday prior to polling day, as the Commission may, by notice in the Gazette published within ten days from the publication of the writ for the election, establish: Provided that the Commission shall, wherever possible, designate as such mixed polling places the retirement homes themselves:
Provided further that for the purposes of this paragraph every person who is resident in a retirement home fourteen days before polling day shall be deemed to be a resident at the retirement home:
Provided further that article 83 shall mutatis mutandis apply to mixed polling places designated in terms of this paragraph;
(e) all the voters residing at the Corradino Correctional Facility shall vote in the place indicated in this sub-article and it shall be the duty of the person responsible of the mentioned Facility to submit to the Commission a list with the name, surname, identity card number and the date of birth of such voters within three days of the publication of the Writ for the election, which list must continue to be updated everyday up to fourteen days prior to the polling day. Every person residing at the Corradino Correctional Facility listed in the list shall be deemed to be a person residing at the same Facility;
(f) all the voters serving as Police officers in the Police Force up to fourteen (14) days before polling day shall only vote in the place indicated in this sub-article and it shall be the duty of the Commissioner of Police or his delegate to submit to the Commission, up to fourteen (14) days prior to the polling day, a list with the details of the name, surname, identity card number and the date of birth of such voters:
Provided that, such information shall only be strictly used for the purposes of this sub-article and shall be sealed and stored in the room designated by the Commission to hold all the ballot boxes immediately following the publication of the official result;
(g) at such places which are designated for registered voters who are suffering from a notifiable disease as may be specified by the Superintendent of Public Health by notice in the Gazette for such purposes or who are in mandatory quarantine related to such notifiable disease, as the Commission may, by notice in the Gazette, establish after consultation with the Superintendent of Public Health:
Provided that the Superintendent of Public Health shall issue such notice, not later than one (1) day after the publication of the Writ, specifying the said notifiable disease(s) and shall furthermore declare that the said notifiable disease(s) requires the introduction of other ad hoc voting arrangements for voters suffering from the same and, or who are in mandatory quarantine as a result of such notifiable disease(s).
(3A)
(a) Notwithstanding the other provisions of this Act or of any other law, every registered voter who is entitled to 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 in Malta or that he will be hospitalised in a hospital on the day of the election, shall be entitled to cast his vote at the place indicated in sub-article (3)(a) between 7.00am and 10.00pm seven days before polling day:
Provided that any voter included in the list compiled by the Superintendent of Public Health pursuant to sub-article (4)(f) shall be entitled to cast his vote at the place designated pursuant to sub-article (3)(g) between 7.00 am and 10.00 pm seven (7) days before polling day, if he declares his intention to the Commission to avail himself of this possibility by noon of the Friday before the abovementioned day, that is the seven (7) days before polling day:
Provided further that any voter who is suffering from a notifiable disease as may be specified pursuant to subarticle (3)(g), or who is in mandatory quarantine related to such notifiable disease, on the Thursday before the day that is the seven (7) days before polling day, but who would cease to be in such a situation by polling day and will not be in Malta or will be hospitalised in a hospital on the day of the election, shall be entitled to cast his vote at the place indicated pursuant to sub-article (3)(a) between 7.00 am and 10.00 pm seven (7) days before polling day, if he declares his intention to the Commission to avail himself of this possibility by noon of the Friday before the abovementioned day, that is the seven (7) days before polling day:
Provided further that the declaration referred to in the preceding provisos may be made to the Commission in such manner as may be determined by the Commission which declaration may not necessarily require a sworn declaration.
(b) The sworn declaration referred to in paragraph (a):
(i) may be made, as of right, until noon of the Friday immediately preceding the day established for 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 legally valid identification document 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 only 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 a Polling Place Officer, a Chairperson or an Assistant Electoral Commissioner, including those selected to serve as reserves and all Police Officers in the Police Force, shall cast their vote at the place in Malta, if he is a registered voter in Malta, and at the place in Gozo if he is a registered voter in Gozo, as indicated in sub-article (3)(a), and shall do so on Tuesday prior to the polling day between 7.00 a.m. and 10.00 p.m.:
Provided that the Assistant Commissioners and the reserves chosen to serve in Malta and Gozo on the day allocated for the Assistant Commissioners to vote, shall cast their vote on the first polling day at the place established in article 77(3)(a) between 7.00 a.m. and 10.00 p.m.:
Provided further that any Assistant Electoral Commissioner, including those selected to serve as reserves, whose name is included in the list compiled by the Superintendent of Public Health pursuant to paragraph (f) shall only vote at the place indicated pursuant to subarticle (3)(g) and in accordance with the provisions of sub-article (3A)(a).
(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 list referred to in article 59(6) and whose name is included in the list mentioned in paragraph (f) of subarticle (3), even if any one of such persons shall have resigned his appointment after the publication of the list mentioned in sub-article (6) of article 59 or shall have resigned from the Police Force after the submission of the list mentioned in paragraph (f) of sub-article (3). In the case of any new member joining the Police Force after the submission of the said list, he shall have the right to vote only on polling day.
(c) All voters who fourteen 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 four days prior to polling day shall be registered as patients at Mater Dei Hospital, Karen Grech Hospital, Mount Carmel Hospital, and at the Gozo General Hospital, shall only 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:
Provided that any voter included in the list compiled by the Superintendent of Public Health pursuant to paragraph (f), but who would no longer be registered as a patient at one of the above mentioned hospitals on polling day, shall only vote at the place designated pursuant to sub-article (3)(g) between 7.00 am and 10.00 pm, and only on Thursday before polling day.
(e) Notwithstanding the other provisions of this Act:
(i) voters who vote in a hospital in accordance with paragraph (d) shall vote only on the Thursday prior to polling day between 7.00 am and 10.00 pm;
(ii) voters –
(aa) who are residing at Saint Vincent de Paule; or
(bb) who are residing in retirement homes as defined in article 80 and who are entitled to vote at such places designated in accordance with sub-article (3)(d),
(cc) who are residing in the Corradino Correctional Facility,
shall only vote on the Saturday prior to polling day between 7.00 am and 10.00 pm.
(f) Notwithstanding any other provision of this Act, registered voters who are suffering from a notifiable disease as may be specified by the Superintendent of Public Health by notice in the Gazette or who shall be in mandatory quarantine related to such notifiable disease on polling day shall only vote in a place designated in accordance with sub-article (3)(g) on such day and at such time on or before polling day, as may be established by the Commission after consultation with the Superintendent for Public Health and communicated to such individuals:
Provided that for such purposes it shall be the duty of the Superintendent of Public Health or his authorised officer to submit to the Commission, as soon as reasonably practicable and, at the latest, up to 9:00 pm on Friday before polling day, a list with the name, surname, identity card number, date of birth and contact details of persons who on polling day shall be suffering from a notifiable disease as specified pursuant to sub-article (3)(g) or who shall be in mandatory quarantine related to the same notifiable disease, and such information shall only be strictly used for the purposes of this sub-article and subject to the same conditions as in articles 107 and 108:
Provided further that the list submitted by the Superintendent of Public Health shall be sealed and stored in the room designated by the Commission to hold all the ballot boxes immediately following the publication of the official result: Provided further that the Commission may provide such assistance and services as it may deem necessary, following consultation with the Superintendent of Public Health, to enable such persons to securely access and leave the polling place.
(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), (b) and (d), a copy of the list of persons entitled to vote in such 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 subarticle (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.
