ACT No. XXVII of 1981 AN ACT further to amend the Electoral (Polling) Ordinance, Capo 163.

I assent.

.ANTON BUTl1GmG

President

20th Ju]y, 1981

ACT No. XXVII of 1981

AN ACT further to amend the Electoral (Polling) Ordinance, Capo 163.

BE IT ENACTED by the P resident, by and with the advice and

consent of the House of Representatives, in this present Par1iament

assembled, and by the authority of the same, as follows:-

This Act may be cited as the Electoral (Polling) (Amendmentl

Act, 1981, and shall be read and constmed as one with the Electora I

(Polling) Ordinance, hereinafter referred to as "the principal Jaw".

In subsection (l) of section 2 of the principal law, immediately

after the definition of "identity card" there shall be added the fol1owing

new definition

" "voting document" means the voting document which is to be

forwarded to voters under section II of this Act;".

In subsection (b) of section 10 of the principallaw for the words

"the days" there shall be substituted the words "the day".

Section II of the principal law shall be amended as follows

(a) for subsection (1) thereof there shall be substituted the

following

( 1 ) The Commissioners shall, at any time not later than

"

the fifteenth day after the publication of the Writ, forward to

eacb voter whose name appears in the last revised Electoral

Register and in respect of whom an identity card has been

issued and is currently valid, a document, in this Act referred

to as the "voting document", made out in the form and con­

taining the particulars set out in the Third Schedule to this

Ordinance, and consisting of such material and made out in

such manner as in the opinion of the Commissioners provides

adequate security against forgery

Provided that whenevcr the Commissioners are satisfied

that sueh voter has eeased to have the necessary qualifications

to vote, they shall not forward to him the voting document.";

(b) in subsections (2), (3), (4) and (5) thereof, for the words

'''notice to voters", wherever they oecur, there shall be substituted

in each ease the words "voting document" and for the word "notice"

wherever it otherwise occurs, there shall be substituted in each case

the word "document"; and

(c) in subsectiol1 (4) thcreof, for the words "the first day of

the poll" there shall be substituted the words "the day of the poH".

In subsection (5) of section 12 of the principallaw

(a) for the words "the first day fixe:d for the poll" wherever

they occur, there shall be substituted in each case the words "the

c1ay fixed for the poll";

(b) for the words "sevc;n wocki;lg days" tkre shall be sub­

stituted the words "twelve working days"; and

(c) for the words "five working days" there shall be substitut­

ed the words "ten working days".

For section 18 of the principal law there shaH be substituted

of section 18

the following

of the

pri ncipal la w.

(l) At each po1ling place there shall be kept a list

of voters entitled to vote ln that polling place. Such 1ist shall

be conclusive evidence for determining whether a person is

or is not entitied to vote at that polling place.

(2) The poll shall be held on a Saturday. The p o ll

shall start at 7 a.m. and shall close at 10.00 p.m.

Provided that every voter who at the close of the

poll is present in a polling place for the purpose of voting

shall be entitlec1 to receive a ballot paper and vote

Provided further that, when the Commissioners are

satisfied that the time allowed for the polling has been, or will

be, for any reason beyond their control, reduced at all or any

one or more of the pol1ing places, they may extend the time

fixed for the poll at such polling place or places so as to make

good for time lost as aforesaid.".

Amen dment

7. In section 20 of the principal law for the words "the first day

of section 20

fixed for the poll" there shall be substituted the words "the day fixed

of the

for the poll".

principal Iaw.

8. Section 21 of the principal law shall be amended as follows

Amendrnent of

�,; ! �

(a) for subsection (1) thereof there sha11 be substituted the

following

principal law.

"(1) Any voter wishing to vote shall attend at the polling

place, specified in the voting dQcument received by him and

shall deliver such document to an Assistant Commissioner at

such polling place on the day and during the hours appointed

for the poll.";

in subsection (2) thereof -

(b)

(i)

for the words "notice to voters" wherever they occur,

there shall be substituted in each case the words "voting docu­

ment" and for the word "notice" wherever it otherwise occurs

there shall be substituted the word "document"; and

( ii)

after the vvords "such person" add the words "(even

though in his respect no Identity card was issued and was CUf­

rently valid during the period mentioned in section 1 1 (l ) of

this Ordinance) ";

(c) for subsection 0)

thereof there

shal1

be substjtuted the

following

"(3) No person sha11 be allowed to vote unless he pro­

duces and delivers the voting do c ument to the Assistant Com­

missioners. ";

(d) for subsection (4) thereof there shall be substituted the

following

"(4) No i nqu i ry shaH be pcrmitted at the time of the poll

as to the righ t of any person to vote, so long as the name of

such person is inc!uded in the list referred to in subsection (l)

of section 18 of thi8 Ordinance; but the Assistant Commission­

ers may, before the d e 1 i v e ry of the ballot paper to a voter, put

to him such g u e st i ons as they lTI'1Y d c em proper to satisfy them­

selves of the identity of such voter. " ;

(e) in sub&ection (5) thereof, for the words "of the notice

mentioned in the preceding subsections" there shall be substituted

the words "of the voting document, and having satisfied themse1ves

of the identity of the voter";

(f) in subsection (8) thereof, immediately after the words

"section 18 of this Ordinance" there shall be inserted the words "and

otherwise satisfies the requirements of th1s section";

(g) for subsection (10) thereof there shall be substituted the

following

"(10) S aving the provisions of section 29 of this Ordin­

ance, DO vot c r shall be allo'vVed to vote except 3t the poI1ing

place specified in the voti n g document produced by h1m for

the purposes of voting."; and

subsection (11) thereof shall be deleted.

(h)

9. For section 29 of the principal law there shall be substituted

the following

The Commissioners, the A ssist a n t Commission­

(1)

ers, the Po1ice Officers and the other persons lawfullyentrust­

ed with some duty at a polling place may record their vote at

such pol1ing place as is designatedfor the purpos� by th�

Commissioners.

(2) A ssistant Commissioners and Police Officers on

duty at a polling place s hall cast their vote as early as practic­

abIe at the beginning of the poll.

(3) Candidates for election may record their vote

in one of the polling places designated ror the purpose by the

Commissioners and situated in the division in which they stand

for election

.

(4) A list of the persons entitled to vote in a polling

place in accordance with the foregoing provisions of this sec­

tion shall be kept in such polIing place.".

10. Section 30 of the principal law shan be deleted.

11. For subsection (2) and (3) of section 31 of the principal law

section 31

there shall be substituted the following

"(2) The Assistant Commissioners shall place all the voting

documents delivered to them in a box and shall place all unused

or spoilt ballot papers and all written record8 kept by them in

accordance with the provisions of this Ordinance in a packet. and

�hal1 seal such box and packet separately and deliverthem to the

Commissioners together with the ballot boxes.

(3) Candidates for election or their agents shall be entitled

to have access to the place in which the ballot boxes are kept until

the counting of the votes. for the purpose of affixing their seal to

the ballot boxes and to the boxes and packets referred to in sub­

section (2) of this section.".

12. Section 45 of the principal law shall be amended as follows

(a) in subsection (1) thereof. for the words "three hundred

pounds" there shall be substituted the words "six hundred pounds"

and for the words "forty pounds" there shall be substituted the

words "one hundred pounds"; and

(b) in subsection (2) thereof. for the words "three hundred

pounds" there shall be substituted the words "six hundred pounds"

and for the words "one thousand five hundred pounds" there shall

be substituted the words "three thousand pounds".

13. In section 63 of the principal law for the words "notice to

section 63

voters", wherever they occur, there shall be substituted in .each caSe the

of the

words "voting document".

14. Immediately after section 65 of the principal law there shall

section 65A

be added the following new section

"Pl'Ohibi­

65A. ( l) Except as provided in subsection (2) of this

ti on of

section it shall not be lawful for any person, at any

dis play

time in contemplation or in anticipation of an election, to dis­

of posters

play 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 (l ) of this sec­

tioll shall notapply to any bill, poster or other advertisement

which

-

(a)

is worn or carried by a person; 01

which is displayed on the inside of a private

(b)

building even though it may be visible from a public

place.

(3) Any person acting in contravention of any

of the foregoing provisions of this section sha11 be liable on

conviction in respect of each offence to a fine (multa) not

exceediDg five hundred pounds 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 imprison­

ment.

(4) It shal1 be the duty of the Polke to remove

or otherwise cancel Of delete anything displayed. written 01'

made in contravention of any of the provisions of subsection

(J) of this Section.".

A

15. For the Third Schedule to the Ordinance there shall be sub­

Substitutiov

of Third

stituted the fol1owing schedule

Schedule to

the principal

"THIRD SCHEDULE

law.

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(SectioJ1 11)

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Passed by the House of Representatives at Sitting No. 523 of the 13th July,

1981. C. AGIUS

Speaker

C. MIFSUD

Clerk to the House of Representatives

Kastilja

Pllblished

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I"e 11110/"mali01l DivisiolZ

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Kastilja

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