Labour candidate Deborah Schembri has lost a bid in court to have her name on the ballot paper shown as Deborah Schembri and not as Deborah Schembri-Tabone. She will appeal.

During the proceedings in court, Dr Schembri explained that she had been married to Joseph Tabone and used to carry the name Deborah Schembri-Tabone.

The marriage ended in divorce and a court ordered the Public Registry to change her name to Deborah Schembri.

Dr Schembri said that  she was still shown as Deborah Schembri-Tabone on the electoral register. In her nomination for the general election she had entered her name as Schembri Deborah (tad-divorzju) and wanted that to appear on the ballot papers.

However the Electoral Commission had decided to list her as Schembri-Tabone Deborah (tad-divorzju). Her requests to delete the ‘Tabone’ were rejected.

In its reply, the Electoral Commission said that according to law and as was the practice, the names of election candidates were reproduced as they were shown on the electoral register. Dr Schembri had had ample time to correct the entry on the electoral register, before the register was published or in the allocated time after, but she failed to do so.

The law allowed candidates to add a nickname to their name on the ballot paper, but their name had to be reproduced as it was on the register, the commission  said.

In its considerations, the court noted that by court decree, following the divorce, the name was legally changed to Deborah Schembri.

However no request had been made for a correction of the name on the electoral register.

The name on the identity card was only changed last week, on February 15.

The court said that although there was no doubt that the legal name was now Deborah Schembri, in terms of the law, the candidate’s name on the ballot paper had to be the same one on the electoral register.

Therefore, the court said it did not have the authority at law to order a change of the name.

It is understood that the appeal will be heard on Monday. In the meantime, the Electoral Commission had held up the printing of the ballot papers for the 11th and 12th districts. Printing was meant to be completed on Sunday.

 

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