'Removal of voters unlawful'
The removal by the Electoral Commission of 945 non-Maltese voters from the 2009 EU Electoral Register was unlawful, Attorney General Silvio Camilleri advised Prime Minister Lawrence Gonzi yesterday.
On the basis of that advice, Dr Gonzi has now asked the Electoral Office to provide a remedy so as to allow those people to cast their vote in the June 6 European Parliament elections.
He said that in view of the urgency of the matter, he expected to be informed about the remedy proposed by the Electoral Commission by next Monday.
The Prime Minister had requested advice from the AG's office regarding the lawfulness of the cancellations.
The AG concluded that the procedure used by the Electoral Commission to cancel voters was not founded at law. With all due respect to the Electoral Commission the procedure did not have any legal basis either in Malta's European Parliament Elections Act or in the relevant EU Directive, the AG said.
Under both these laws, once enrolled in the register, "persons shall remain so enrolled and can only be removed from the roll either at their own request or if they no longer satisfy the requirements for exercising the right to vote".
The Electoral Commission had decided to delete the persons who had been registered in April 2004 on certain grounds under these laws and required them to re-apply for the Electoral Register for June 2009.
From those who were originally registered in the April 2004 register only 118 reapplied and consequently 945 persons of the number originally registered (1,063) no longer appeared in the June 2009 register.
Earlier this week, the EP Office in Malta called on the Prime Minister to do everything in his power to ensure that no EU citizens residing in Malta were denied of their right to vote.
Alternattiva Demokratika chairman Arnold Cassola said last night, following the AG's decision that "this is the time of reason and common sense."
The stubbornness of the Electoral Commission in not admitting its mistake had been quashed, he said.
He added that the European spirit had an open mentality and gave citizens all the means to vote freely rather than preventing them from doing so.
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philip pace
May 10th 2009, 09:48
In principle, I detest anyone who decides for me as just like everybody else, I can use my judgement based on common sense.
This applies to all who are in power in every aspect of life. (politics and religion mainly)
When you let someone whom you don't know decide for you then you are allowing yourself to be steamrolled over and when you try confront this person/board you shall be prevented from voicing your opinion as bureaucracy takes over and you feel 100 times more angry than before!
Never forget that you are called to vote for someone, some party, and when you 'perform your duty' try to reach them later and they hit you again with bureaucratic delaying tactics, which their main purpose is to stop you from speaking your mind!
Democracy though the best medium for all the people is a double edged sword except that the citizens side of the sword does not really cut, maybe bruise but it is not honed precisely for cutting!
Happens here in Malta and all over the world.
So when you shall vote for the next months' election hone well that blunt side of the sword!
Ramon Casha
May 10th 2009, 05:35
Well done to Alternattiva Demokratika for first raising this issue.
Richard Schranz
May 9th 2009, 22:12
Well done , Alternattiva Demokratika. Once again you have been proved right. I believe this mistake (?), in view of its serious implications, warrants the setting up of an independent Board of Enquiry.
R Pace Bonello
May 9th 2009, 16:54
It is inconceivable how such a decision was taken by the Commission. How could the Commission take such a drastic move befor checking the legality of their decision? Why did they take this decision? Do they know what they are doing?
And, as usual, nobody is accountable!
mike turner
May 9th 2009, 16:16
Last October I applied to register and was refused. I informed Ms. Sharon Ellul Bonici and she used her expertise and Brussels contacts on my behalf. I am now registered. I recommend the same route for more action, less talk and fair results.
Oisin Jones-Dillon
May 9th 2009, 16:00
In respect of the steadfast consistency and manifest credibility of Alternattiva Demokratika --The Green Party vis-à-vis the civil rights of non-Maltese EU citizens, see:
http://www.timesofmalta.com/articles/view/20081001/letters/non-maltese-eu-citizens-discrimination
Oisin Jones-Dillon
Adrian Cardona
May 9th 2009, 15:17
If the procedure used was 'unlawful', then the law was broken, and by public officials presumably. Can we at least expect a resignation or a removal from office for such incompetents who play about with our vote like it's a deck of cards?
J. Borg
May 9th 2009, 13:55
Electoral Commission ..... pls check "resign" in the dictionary
J Galea
May 9th 2009, 11:52
Why not go a step further with the EP elections and allow those Maltese legally resident in Malta and lawfully entitled to vote in Malta's EP elections who are abroad to vote in their overseas embassy where one exists? This could be a trial for the General Elections in due course. Most Maltese living and working in EU countries abroad already have the right by EU law to vote in their EU country of residence so that is where the majority of Maltese abroad should be voting at these elections. One can only vote in the EP elections in one EU country, of course, and where one should be voting is governed by the law.