A judge dismissed a claim by Labour Party election candidate Deborah Schembri to change her name on the ballot sheet.
Dr Schembri has filed an appeal.
The former pro-divorce campaigner filed her application against the Electoral Commission in the First Hall of the Civil Court before Madam Justice Jacqueline Padovani.
Dr Schembri said she had been married to Joseph Tabone and was known as Deborah Schembri Tabone. They separated in July 2010 and she had opted to revert to her maiden name of Schembri.
She and Mr Tabone divorced in June last year but she was still listed on the election ballot sheet as Deborah Schembri Tabone. Dr Schembri said this was prejudicial to her interests as she was known to the electorate as ‘Deborah Schembri Tad-Divorzju’. She thus requested that the court order the commission to change her name.
The Electoral Commission argued it had followed legal procedures and had listed Dr Schembri in the same manner as her name appeared in the Electoral Register
Dr Schembri had admitted not asking the Electoral Commission to correct her surname, objecting only when she saw the draft ballot sheet.
The commission had not acceded to her request to be listed as Dr Schembri, though it accepted her request to have the words ‘Deborah Schembri Tad-Divorzju’ inserted in brackets.
The court added that Dr Schembri had not resorted to the Court of Appeal after the commission’s decision. The judge noted there was no doubt that Dr Schembri’s legal surname was not Schembri Tabone but she had not taken the necessary steps to ensure the name was changed on the Electoral Register.
It was the Magistrates’ Court not the First Hall of the Civil Court that had the jurisdiction to hear requests for corrections to the Electoral Register.
Madam Justice Padovani said she sympathised with Dr Schembri for she knew how difficult it was for a woman practising a profession to fully contribute to her children, her family and her career. This was even more difficult for women who decided to enter politics.
However, the court could not accede to Dr Schembri’s request because it was not provided for at law.