General Right to Vote
Constitution
(1964, last amended 2004)

• See sections 57 and 58.

Exclusion Based on Intellectual Disability
Constitution
(1964, last amended 2004)

• Section 54 states: "No person shall be qualified to be elected as a member of the House of Representatives...(e) if he is interdicted or incapacitated for any mental infirmity or for prodigality by a court in Malta, or is otherwise determined in Malta to be of unsound mind..."
• Section 58 states: "No person shall be qualified to be registered as a voter for the election of members of the House of Representatives if (a) he is interdicted or incapacitated for any mental infirmity or for prodigality by a court in Malta, or is otherwise determined in Malta to be of unsound mind..."

Electoral Law
General Elections Act
(1991, last amended 2002)

• Section 27, subsection (1) states, “The [Electoral] Commission may not refuse an application by a person to be registered as a voter, or cancel the registration of a voter, or expunge his name from the Electoral Register in terms of article 58(a) of the Constitution before it obtains the decisions of the Medical Board established in terms of article 14 or unless such person has been interdicted for mental incapacity by a competent court.”

European Parliament Elections Act
(2004)

• Section 12 states, “No person shall be qualified to be registered in the European Union Electoral Register if...(a) he is interdicted or incapacitated for any mental infirmity by a court in a Member State or is otherwise determined in a Member State to be of unsound mind.”

Voter Assistance by Other Citizens
Electoral Law
General Elections Act
(1991, last amended 2002)

• Section 72, subsection (1) states, "Any voter who declares to, and shows to the satisfaction of, the Assistant Commissioners that he is unable by reason of blindness, other physical cause, or illiteracy to mark his ballot paper, may request an Assistant Commissioner to mark the paper on his behalf indicating for which candidate or candidates he wishes to vote and the order in which he wishes to record his vote: provided that the voter may not ask for any particular Assistant Commissioner to mark the ballot paper on his behalf."
• Section 72, subsection (2) states, "The Assistant Commissioners are bound to secrecy with regard to the voting of persons whom they have assisted to vote."
• Section 72, subsection (3) states: "There shall be not less than two Assistant Commissioners present when the vote is being recorded under the provisions of subsection (1) of this section, but no other person shall be allowed in the room."
• Section 72, subsection (4) states: "When an Assistant Commissioner is authorized to assist a voter to record his vote, the Assistant Commissioner shall require such voter to confirm his declaration on oath, and on satisfying himself of the correctness of such declaration he shall record the vote of such voter on the ballot paper, in accordance with the indication made by such voter and following the procedure set down hereunder...” See the section 72, subsection 4, parts (a) - (f) for more details on the specific procedure.

Off-Site Voting Alternatives
Electoral Law
General Elections Act
(1991, last amended 2002)

• Part XII (Sections 80-84) provides for off-site voting. The part is entitled, "Voting in Retirement Homes," which are defined as "such place or places principally used for the care of elderly persons in which at least fifty voters reside."

• Constitution - http://www.legal-malta.com/law/constitution.htm
• All Electoral Laws - http://www.legislationline.org/topics/country/15/topic/6