Rights of political parties under the electoral law

Abstract

Act XXI of 1991, or as it is better known, the General Elections Act, 1991, introduces a number of new concepts to the electoral law which had been almost completely ignored by previous legislative enactments. Besides these new concepts, the General Elections Act goes into details in the method of running elections in the Republic of Malta and its dependencies. Past experience in general elections, especially as regards the supervision and control of the electoral process, was the main force behind the enactment of Act XXL Chapter 1, reviews the historical background since 1849, when the first elections were held 'in Malta, to 1991, when Act XXI was enacted. In addition it also gives a brief outline of the requisites of a democratic government. Chapter 2 defines the concept of a political party and provides a comparative study of the legal status in different countries. Particular reference is given to the situation in Malta, and how the enactment of Act XXI gave recognition to the political parties. The remaining chapters of this thesis deal with the procedures adhered to from the Publication of the Writ calling a general election to the declaration of the results. Chapter 3 deals with pre-voting procedures, and outlines the qualification and registration of voters, dissolution of Parliament, and the necessary procedures to be undertaken prior to polling day. In Chapter 4 polling day procedures are discussed. These cover the administration within the polling booths up to the close of the polls. In addition, the process of voting with regards to illiterate or incapacitated voters, as well as the voting process in retirement homes is described. In conclusion, Chapter 5 provides the whole procedure to he followed with the arrival of the ballot boxes at the counting hall up to the declaration of the result.