First instance body dealing with electoral disputes

General Elections Act (Chapter 354), 1991-09-27.

PART IX Nomination of Candidates

Nomination of Candidates.

51. (1) A candidate for election shall be nominated inwriting. The nomination paper, which shall be in the form set out in the NinthSchedule to this Act, shall be signed by the candidate himself, (or, in theevent of his absence from these Islands, by a duly appointed representative),and by, at least, four voters registered in the electoral division for whichthe candidate is nominated. The nomination paper shall be delivered to one ofthe Commissioners at the Electoral Office by the candidate himself or if he isprevented by illness or absence from these Islands by his lawfulrepresentative, authorized in writing, within the period specified in thenotice referred to in article 45.

(2) Immediately after anomination paper has been delivered to the Commission the name of the candidateshall be posted at the entrance of the Electoral Office with an indication ofthe division for which the candidate was nominated. Delivery of the nomination paperto the Commission and acceptance of delivery by the Commission shall not ofitself indicate the validity of the nomination and the Commission shall notmake any statement thereon other than inform the candidate accordingly and totake delivery of the form and deposit, if any, and give due receipt.

(3) Objections may be made to a nomination on theground that the candidate is not registered as a voter in the last published ElectoralRegister or that the description of the candidate is insufficient to identifythe candidate, that the nomination paper does not comply with, or was notdelivered in accordance with the provisions of this Act, that the depositprescribed by article 52 has not been paid or that the candidate already standsnominated for two electoral divisions:

Provided that no suchobjection may be made after the expiration of the time fixed for the making ofsuch objection in the notice, referred to in article 45.

(4) Every objection shallbe in writing and signed by the objector and shall specify the ground of theobjection. The Commission itself shall raise an objection if it believes thatany of the grounds mentioned in subarticle (3) exist.

(5) For the purpose of thisarticle, any voter may ask the Commissioners to be allowed to see and examineany nomination paper accepted by them.

(6) On receipt of anyobjection in terms of subarticles (3) and

(4), the Commission shall fix a date for thehearing of the objection, shall immediately inform in writing the candidate objectedto, giving him a copy of the objection filed against him, and shall inform boththe objector as well as the candidate of the day appointed for the hearing ofthe objection. Service shall be effected by any means which the Commissiondeems proper to ensure receipt by the parties concerned of the said notices inthe least possible time.

(7) All objections shall bedetermined by the Commission not later than two days after the expiration ofthe time allowed for the making of objections by this Act and both the objectoras well as the candidate shall have the right to appear before the Commission accompaniedby any other person they may think fit to assist them in their representationsto the Commission.

(8) The Commission shall atleast two days before delivering its decision publicly announce the time anddate when its decision shall be delivered. The decision shall be delivered in writingand shall contain the grounds upon which it is based. The Commission shallcause such decision to be posted up in a public place at its office where anyperson 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 maycontest the decision by filing an application in contestation with theCommission before the Court of Appeal within twenty four hours of the deliveryof the decision by the Commission. The Court of Appeal shall hear such applicationswith urgency and shall determine the same before the time when in terms ofarticle 49 the Commission is to start printing the ballot papers.

Ministry for Justice, Justice Services

http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=8824&l=1 as retrieved on26-09-13.

OSCE/ODIHRElection Assessment Mission Final Report, Parliamentary Elections Republic ofMalta, (2013-03-09)

XIII. COMPLAINTS AND APPEALS

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Objections to candidatenominations should be filed with the EC within two days of the expiration ofthe deadline for receipt of nominations and he Court of Appeal examines appealsagainst EC decisions that uphold objections against candidate nominations.

Office for DemocraticInstitutions and Human Rights,