Cap. 363 Art. 8Election of councillors.

(1) The elections of councillors shall be held every five years by means of the system of proportional representation using the single transferable vote, and this by means of manual voting as well as electronically:

Provided that:

(a) the first elections of councillors to be held after the 11th April, 2015 shall be held in the year 2019 and shall, as much as possible, be held on the same day as the election of members of the European Parliament held in terms of the European Parliament Elections Act;

(b) all councillors who are in office immediately after the publication of the result of the elections of councillors held on the 11th April, 2015 shall, even if they have been elected at an election other than that held on the 11th April, 2015, remain in office until the holding of the next elections of councillors in terms of this proviso;

(c) where at any time prior to the holding of elections of councillors in 2019 a local council is dissolved an election of councillors shall be held in the locality of any such dissolved council prior to 2019 notwithstanding the provisions of paragraph (a) of this proviso:

Provided further that the Prime Minister may postpone the election of Local Councils or the election of councillors to be held following the dissolution of a Local Council by a period of not more than one year if during that period an election for Members of the European Parliament, the General Election or the referendum is due to be held, and this solely in order that the Local Councils elections may be held on the same day as the election for the European Parliament or the General Election.

(2) The conduct of the elections shall be the sole responsibility of the Electoral Commission which shall conduct such election and count the votes cast in accordance with the provisions of the Third Schedule.

(3) If no candidates are nominated to contest the election of a Local Council in accordance with the Third Schedule, the Minister shall appoint a Committee of Management chaired by the President of the Association or his representative, which shall perform all such duties as are competent on the Council until a new Council is elected:

Provided that the Electoral Commission shall, at a date determined by the Minister, but in any case within twelve months of the date on which the election was due to be held, hold an election for a new Council: Provided further that any new Council shall serve for such term of office as would have been served by any councillor who would have been elected in the election for which no candidates had been nominated.

(4) Whenever, in accordance with the Third Schedule, a co-option has to be effected, such co-option shall be made by the elected councillors at their first sitting and, if applicable, immediately after having elected the Mayor and Deputy Mayor.

(4A) The eligibility and qualifications criteria established for the election of a member of a Council under articles 11 and 12 shall also apply to a person nominated for co-option.

(4B) When a member is so co-opted to the Council the Executive Secretary shall cause the name of such Councillor to be published in the Gazette.

(4C) The provisions of this Act shall apply to co-opted Councillors in the same manner that they apply to elected Councillors.

(5) If elections for councillors are due to be held within four months of the holding of general elections, European Parliament elections or referenda, the election of councillors may be postponed or brought forward to a date determined by the Minister, but in any case not later or earlier than four months of the holding of such general elections, European Parliament elections or referenda: Provided that, in the event that the elections are so postponed or brought forward, the term of office of councillors in office at the time of such postponement or bringing forward shall be extended or reduced by the same period by which the elections are postponed or brought forward and that of the councillors subsequently elected shall be reduced or extended by the same period by which the term of office of the previous councillors has been extended or reduced.

(6) Elections shall be held on the same day of the Elections for the European Parliament.

(7) The councillors whose mandate expires on 31 May 2019 shall have their mandate extended till 30 June 2019, and the councillors elected in the elections held on 25 May 2019 shall assume office as from 1 July 2019.