Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments:
Source: General Elections Act, Art. 17 (1): http://www.parlament.mt/general_election_act?l=1 (2012);
Constitution, Art. 56 (1), 61: http://www.parlament.mt/constituion-of-malta?l=1 (2012)
Verified: 2012/05/22
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population g . Other
Comments: An alteration of the boundaries of any electoral division under this article shall be made in such manner as secures that, at the time when the Commission carries out its review, the number obtained by dividing the total electorate in the division (as ascertained by reference to the electoral register in force at that time) by the number of members to be returned to the House of Representatives from that division is as nearly equal to the electoral quota as is reasonably practicable:
Provided that any such alteration may be made in such
manner that the number of voters in that division is, at the time when the Commission carries out its review, greater or less than the electoral quota multiplied by the number of members to be so returned, but in no case by more than five per centum, in order to take account of geographical vicinity, differences in density of population and other relevant factors."
Source: Constitution, Art. 61 (4): http://www.parlament.mt/constituion-of-malta?l=1 (2012)
Verified: 2012/05/22
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
e . Electoral Management Body (EMB)
Comments: e) The Electoral Commission
Source: Constitution, Art. 61 (1): http://www.parlament.mt/constituion-of-malta?l=1 (2012)
Verified: 2012/05/22
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
d . Indirectly elected by legislature
Comments: There shall be a President of Malta who shall be appointed by Resolution of the House of Representatives.
Source: Constitution, Art. 48: http://www.parlament.mt/constituion-of-malta?l=1 (2012)
Verified: 2012/05/22
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
e . Appointed
Comments: The President shall appoint as Prime Minister the member of the House of Representatives who, in his judgment, is best able to command the support of a majority of the members of that House and shall, acting in accordance with the advice of the Prime Minister, appoint the other Ministers from among the members of the House of Representatives.
Source: Constitution, Art. 80: http://www.parlament.mt/constituion-of-malta?l=1 (2012)
Verified: 2012/05/22
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments:
Source: Constitution, Art. 48, 49, 50: http://www.parlament.mt/constituion-of-malta?l=1 (2012)
Verified: 2012/05/22
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
a . One chamber
Comments: The Parliament of Malta consists of the President and the House of Representatives.
Source: Constitution, Art. 51: http://www.parlament.mt/constituion-of-malta?l=1 (2012)
Verified: 2012/05/22
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
i . Single Transferable Vote
Comments: The members of the House of Representatives shall be elected upon the principle of proportional representation by means of the single transferable vote from such number of electoral divisions, being an odd number and not less than nine and not more than fifteen, as Parliament shall from time to time determine.
Source: Constitution, Art. 52, 56: http://www.parlament.mt/constituion-of-malta?l=1 (2012)
Verified: 2012/05/22
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation e . Other
Comments:
Source: Constitution, Art. 52 - 63: http://www.parlament.mt/constituion-of-malta?l=1 (2012);
General Elections Act: http://www.parlament.mt/general_election_act?l=1 (2012);
Electoral Ordinance: http://www.parlament.mt/electoral-ordinance?l=1 (2012)
Verified: 2012/05/22
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections c . Local elections d . Referendums e . Other
Comments: e) Elections to the European Parliament
Source: Constitution, Art. 52 - 63: http://www.parlament.mt/constituion-of-malta?l=1 (2012);
General Elections Act: http://www.parlament.mt/general_election_act?l=1 (2012);
Electoral Ordinance: http://www.parlament.mt/electoral-ordinance?l=1 (2012);
The Local Councils Act;
The Referenda Act (Cap.237);
Act XVI of 2003
Verified: 2012/05/22
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments:
Source: General Elections Act, Art. 15, 16: http://www.parlament.mt/general_election_act?l=1 (2012);
Constitution, Art. 57: http://www.parlament.mt/constituion-of-malta?l=1 (2012)
Verified: 2012/05/22
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary
Comments: The Constitutional Court
Source: Constitution, Art. 63: http://www.parlament.mt/constituion-of-malta?l=1 (2012);
General Elections Act, Art. 115: http://www.parlament.mt/general_election_act?l=1 (2012)
Verified: 2012/05/22
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level c . Local level d . Other kinds of elections (church, union, etc.) Please specify.
Comments: d) Elections to the European Parliament and referenda
Source: General Elections Act, Art. 7 (1): http://www.parlament.mt/general_election_act?l=1 (2012);
Official Website of the Electoral Commission: http://www.electoral.gov.mt/pageview.aspx?x=%2bhwnTRj%2bVUAqSCVavPKf9skCXKP2VqTwCE8snUlNxClh8gIJtDobZ4J3AhRUbyQCiGOE0hafPyoaGsNoCnUo%2fz5pJ2YkuPfOIlhg%2fwIaht0%2bA%2f0lnwRcdw%3d%3d (2012)
Verified: 2012/05/22
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
g . Other
Comments: g) According to the Constitution, in the exercise of its functions the Electoral Commission shall not be subject to the direction or control of any other person or authority.
Source: Constitution, Art. 60 (9): http://www.parlament.mt/constituion-of-malta?l=1 (2012)
Verified: 2012/05/22
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
g . Other
Comments: g) According to the Constitution, in the exercise of its functions the Electoral Commission shall not be subject to the direction or control of any other person or authority.
Source: Constitution, Art. 60 (9): http://www.parlament.mt/constituion-of-malta?l=1 (2012)
Verified: 2012/05/22
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments: 3 years
Source: Constitution, Art. 60 (5): http://www.parlament.mt/constituion-of-malta?l=1 (2012)
Verified: 2012/05/22
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments: b) According to the Constitution, in the exercise of its functions the Electoral Commission shall not be subject to the direction or control of any other person or authority.
Source: Constitution, Art. 60 (9): http://www.parlament.mt/constituion-of-malta?l=1 (2012)
Verified: 2012/05/22
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: At least 5 members: The Electoral Commission shall consist of a Chairman, who shall be appointed to that office from the public service, and such number of members not being less than four. There are currently 9 members at the Electoral Commission.
Source: Constitution, Art. 60 (2): http://www.parlament.mt/constituion-of-malta?l=1 (2012);
Official Website of the Electoral Commission: http://www.electoral.gov.mt/pageview.aspx?x=%2bhwnTRj%2bVUAqSCVavPKf9skCXKP2VqTwCE8snUlNxClh8gIJtDobZ4J3AhRUbyQCiGOE0hafPyoaGsNoCnUo%2fz5pJ2YkuPfOIlhg%2fwIaht0%2bA%2f0lnwRcdw%3d%3d (2012)
Verified: 2012/05/22
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
e . No Information Available
Comments:
Source: Constitution, Art. 60 (2): http://www.parlament.mt/constituion-of-malta?l=1 (2012)
Verified: 2012/05/22
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
a . Head of State b . Head of Government g . Political parties
Comments: The members of the Electoral Commission shall be appointed by the President, acting in accordance with the advice of the Prime Minister, given after he has consulted the Leader of the Opposition.
Source: Constitution, Art. 60 (3): http://www.parlament.mt/constituion-of-malta?l=1 (2012)
Verified: 2012/05/22
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
l . No voter education and information campaigns conducted
Comments: No voter education and information campaigns are conducted, but the public can obtain the relevant information on the official website of the Electoral Commission.
Source: Official Website of the Electoral Commission: http://www.electoral.gov.mt/news.aspx?x=%2bhwnTRj%2bVUAqSCVavPKf9g8W%2fQLsSnyWLPjRRvQCiY7g%2bjeKzozZ6tvgv77msGav6dip2%2fR4lJjbC%2bQCry7jo%2fqM2dmm2P6qUCBCvQHFVavLxULHN7KbpA%3d%3d (2012)
Verified: 2012/05/22
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
e . Not applicable
Comments: No voter education programs are conducted, but the public can obtain the relevant information on the official website of the Electoral Commission.
Source: Official Website of the Electoral Commission: http://www.electoral.gov.mt/news.aspx?x=%2bhwnTRj%2bVUAqSCVavPKf9g8W%2fQLsSnyWLPjRRvQCiY7g%2bjeKzozZ6tvgv77msGav6dip2%2fR4lJjbC%2bQCry7jo%2fqM2dmm2P6qUCBCvQHFVavLxULHN7KbpA%3d%3d (2012)
Verified: 2012/05/22
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
a . No
Comments:
Source:
Verified: 2012/05/22
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments:
Source: Constitution, Art. 57: http://www.parlament.mt/constituion-of-malta?l=1 (2012);
General Elections Act, Art. 15: http://www.parlament.mt/general_election_act?l=1 (2012)
Verified: 2012/05/22
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship b . Period of Residence
Comments: b) Residence in the country (for a continuous period of six months, or for periods amounting in the aggregate to six months, during the 18 months immediately preceding registration as elector)
Source: Constitution, Art. 57: http://www.parlament.mt/constituion-of-malta?l=1 (2012);
General Elections Act, Art. 15: http://www.parlament.mt/general_election_act?l=1 (2012)
Verified: 2012/05/22
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments: d) The Electoral Commission
Source: General Elections Act, Art. 7 (1): http://www.parlament.mt/general_election_act?l=1 (2012)
Verified: 2012/05/22
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
b . No
Comments:
Source: General Elections Act, Art. 21: http://www.parlament.mt/general_election_act?l=1 (2012)
Verified: 2012/05/22
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
g . No information available
Comments:
Source: General Elections Act, Art. 51, 52: http://www.parlament.mt/general_election_act?l=1 (2012)
Verified: 2012/05/22
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship f . Registration j . Other
Comments: a) 18 years old;
f) Nomination by four voters registered in the same electoral division; Deposit equivalent to approximately US$ 100, which is reimbursed if the number of votes obtained exceeds 1/10 of the applicable electoral quotient for the division.
Source: General Elections Act, Art. 51, 52: http://www.parlament.mt/general_election_act?l=1 (2012)
Verified: 2012/05/22
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
c . In legislative elections (Chamber 1)
Comments:
Source: General Elections Act, Art. 51, 52: http://www.parlament.mt/general_election_act?l=1 (2012)
Verified: 2012/05/22
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
c . Indirect
Comments: c) Political parties are exempt from taxation
Source: GRECO Compliance Report on "Transparency of Party Funding in Malta": http://www.coe.int/t/dghl/monitoring/greco/evaluations/round3/GrecoRC3%282011%2911_Malta_EN.pdf (2012);
IDEA Handbook on Funding of Political Parties and Election Campaigns, 2004; Matrix on Political Finance Laws and Regulations
Verified: 2012/05/22
PC015
Question: What is the basis of the public funding?
Answer(s):
f . No information available
Comments:
Source: GRECO Compliance Report on "Transparency of Party Funding in Malta": http://www.coe.int/t/dghl/monitoring/greco/evaluations/round3/GrecoRC3%282011%2911_Malta_EN.pdf (2012);
IDEA Handbook on Funding of Political Parties and Election Campaigns, 2004; Matrix on Political Finance Laws and Regulations
Verified: 2012/05/22
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments:
Source: GRECO Compliance Report on "Transparency of Party Funding in Malta": http://www.coe.int/t/dghl/monitoring/greco/evaluations/round3/GrecoRC3%282011%2911_Malta_EN.pdf (2012)
Verified: 2012/05/22
Vote Counting
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
c . Based on result of previous election g . Other (specify)
Comments: c, d) Applies to free broadcast time on state television and radio.
g) New political parties are given free broadcast time on an ad hoc basis.
Source: International IDEA (2003) "Funding of Political Parties and Election Campaigns"
Verified: 2012/05/22
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
d . No information available
Comments:
Source:
Verified: 2012/05/22
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
a . 1 day
Comments:
Source: General Elections Act, Art. 114 (1): http://www.parlament.mt/general_election_act?l=1 (2012)
Verified: 2012/05/22
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
b . No
Comments:
Source: GRECO Compliance Report on "Transparency of Party Funding in Malta": http://www.coe.int/t/dghl/monitoring/greco/evaluations/round3/GrecoRC3%282011%2911_Malta_EN.pdf (2012)
Verified: 2012/05/22
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments:
Source: Constitution, Art. 66 (3): http://www.parlament.mt/constituion-of-malta?l=1 (2012);
The Referenda Act (Cap.237): http://www.maltadata.com/ref-act.htm (2012)
Verified: 2012/05/22
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments:
Source: Constitution, Art. 66 (3): http://www.parlament.mt/constituion-of-malta?l=1 (2012)
Verified: 2012/05/22
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments:
Source: The Referenda Act (Cap.237), Art. 3 (1): http://www.maltadata.com/ref-act.htm (2012)
Verified: 2012/05/22
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
a . Yes
Comments:
Source: The Referenda Act (Cap.237), Art. 14: http://www.maltadata.com/ref-act.htm (2012)
Verified: 2012/05/22
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/05/22
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/05/22
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
b . Sometimes binding
Comments: Where the majority of voters, voting in a referendum, approve the proposal regarding the provision of the enactment the repeal of which is requested, the said provision shall no longer have effect and the President of Malta shall issue a Proclamation accordingly.
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm (2012);
The Referenda Act (Cap.237), Art. 20: http://www.maltadata.com/ref-act.htm (2012)
Verified: 2012/05/22
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments: On the 8th of March, 2003, the electorate was asked to decide by means of a referendum on the proposal that Malta becomes a member of the EU on its enlargement due on 1st May, 2004. The outcome was that Malta should become an EU member state. Prior to this, the last-held national referendum had taken place 39 years before. This concerned the confirmation of the Independence Constitution. Another national referendum was held on Saturday 28th May, 2011. The question was to establish whether the electorate agreed on the introduction of divorce. The outcome was 53.2% YES and 46.8% NO.
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm (2012);
The Referenda Act (Cap.237), Art. 3: http://www.maltadata.com/ref-act.htm (2012);
Constitution, Art. 66 (3): http://www.parlament.mt/constituion-of-malta?l=1 (2012)
Verified: 2012/05/22
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
a . Yes
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/05/22
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
a . At a specified polling station in the locality where they are registered at national elections
Comments:
Source: General Elections Act, Art. 64: http://www.parlament.mt/general_election_act?l=1 (2012)
Verified: 2012/05/22
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
a . Outside the country voting is not permitted
Comments:
Source: General Elections Act, Art. 64: http://www.parlament.mt/general_election_act?l=1 (2012);
Official Website of the Election Commission: http://www.electoral.gov.mt/news.aspx?x=%2bhwnTRj%2bVUDs1xscjoUF65FS%2bjFGLPzPyCF2q%2fl2MYjvfC0sBnSHGQ%2bFSQM6vw0WZLib0jtkNylTIpL4RIBsIIHGlyPNrA4RcYk54dcBqR6RqojTApwuxQ%3d%3d (2013)
Verified: 2013/01/18
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
h . Not applicable
Comments:
Source: General Elections Act, Art. 64: http://www.parlament.mt/general_election_act?l=1 (2012);
Official Website of the Election Commission: http://www.electoral.gov.mt/news.aspx?x=%2bhwnTRj%2bVUDs1xscjoUF65FS%2bjFGLPzPyCF2q%2fl2MYjvfC0sBnSHGQ%2bFSQM6vw0WZLib0jtkNylTIpL4RIBsIIHGlyPNrA4RcYk54dcBqR6RqojTApwuxQ%3d%3d (2013)
Verified: 2013/01/18
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments:
Source: General Elections Act, Art. 71: http://www.parlament.mt/general_election_act?l=1 (2012)
Verified: 2012/05/22
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