PN found statute loophole to allow Alex Borg to hold on to Gozo seat after all

Updated 9.14pm

The Nationalist Party has found a way to go around its statute to allow Alex Borg to retain his Gozo seat and give up his 12th district seat instead, Times of Malta can confirm.

The PN confirmed Borg would keep his Gozo seat in a Facebook post on Friday evening, and sources close to the party told Times of Malta that it could only do that through a statute loophole which lies in the term ‘candidate’.

Alex Borg found himself in a pickle after his strong electoral showing last weekend because his party's statute says that a candidate who is elected on two districts must automatically give up the seat in which they have received a lower share of the vote.

Article 116 of statute says that "a candidate contesting on behalf of the party in the election of Members of the House of Representatives and who is elected in more than one electoral district, shall vacate the seat in that district where they obtained the lower percentage of first-count votes as a percentage of the district quota".

For Alex Borg, that meant Gozo. Although he won more number one votes from his home island, he secured a smaller percentage share there than in the 12th district.

Not technically a candidate

But sources said the PN reasoned that Borg is no ordinary candidate. Unlike other candidates, he bypassed the standard approval channels because he is the leader.

A 'candidate', according to Article 169 of the statute is "a party member who has been duly approved by the Executive Committee according to this Statute to be a candidate on behalf of the party in any national, European, or local election".

PN officials reasoned that this means the party statute, which specifically regulates a 'candidate,' does not apply to him.

This workaround has now sealed the fate of Gozo’s young scientist and environmentalist Luke Said, who will have no opportunity to be elected in the upcoming casual elections, and will likely become Gozo’s only PN candidate to miss out on a seat in parliament this election.

Another Gozo candidate, Norma Camilleri, also missed out on her chance to get in through the causal election but she still stands a very good chance of getting elected through the gender corrective mechanism.

What next?

With Borg dropping his 12th district seat, the road is now open to academic George Vital Zammit, the author of the party’s electoral manifesto, to make it through to parliament. Zammit was not elected on Sunday.

Casual elections are held when candidates are elected in two separate districts. When this happens, candidates give up their seat, with votes recounted to determine who will take their place.

Sources also told Times of Malta Borg is expected to be confirmed leader this month, during a party general council.

Following a general election, the PN statute mandates that the party leader must put themselves forward for a confirmation vote by party members within three months.

Breach of statute - PL

The Labour Party was quick to react to the announcement saying a "Nationalist leader who breaches the statute of the party he leads can never be trusted to govern". 

The PL accused Borg of "putting his own convenience first" and quoted former PN leader Adrian Delia who had said it was a "no brainer" that Borg would relinquish the 13th district according to the party statute.