Vous êtes sur la page 1sur 9

Group 4: Casting and Counting of Votes

Beltran, Edodollon, Fajura, Ferreras, Marasigan, Morales, Pangilinan

Automated Election Law (RA 9639)

AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO USE AN AUTOMATED
ELECTION SYSTEM IN THE MAY 11, 1998 NATIONAL OR LOCAL ELECTIONS AND IN
SUBSEQUENT NATIONAL AND LOCAL ELECTORAL EXERCISES, TO ENCOURAGE
TRANSPARENCY, CREDIBILITY, FAIRNESS AND ACCURACY OF ELECTIONS, AMENDING
FOR THE PURPOSE BATAS PAMPANSA BLG. 881, AS AMEMDED, REPUBLIC ACT NO.
7166 AND OTHER RELATED ELECTIONS LAWS, PROVIDING FUNDS THEREFOR AND
FOR OTHER PURPOSES"

Purpose:
to ensure free, orderly, honest, peaceful, credible and informed elections, plebiscites,
referenda, recall and other similar electoral exercises
improving on the election process and adopting systems
ensure the secrecy and sanctity of the ballot and all election, consolidation and
transmission documents on order
results shall be fast, accurate and reflective of the genuine will of the people.

The Commission on Election shall promulgate rules and regulations for the
implementation and enforcement of this Act. Notwithstanding the foregoing
canvassing procedure, the Commission is authorized to prescribe other manner or
procedure for the canvassing and consolidation of votes as technology evolves,…
Since Manual elections will not be totally phased out, at least not in the immediate
future, the pertinent provisions of the Omnibus Election Code are also made as
reference

Pre- Voting Procedure
Voter registration in the Philippines is the process of filing an application to have
a voter’s record at the Commission on Election in a specific date and designated places set
by the Comelec.
Qualifications of a Voter

You must be a citizen of the Republic of the Philippines

You are a resident of the place where you intend to register for at least six months.

you must be at least 18 years of age on or before the election date

You have not been adjudged as mentally incapable by a court or by competent
authority.

You are adjudicated as free from committing any disloyalty liaising against the
government, such as rebellion or sedition

Along with your form. Whether it is deliberate or not. . 2. shall forthwith proceed to one of the empty voting booths and shall there fill his ballot. without delay. chairman shall deliver to the voter one ballot correctly folded.  Double Registration. NOR speak with anyone other than herein provided while inside the polling place. you must also present a photocopy of any valid ID which is inclusive of your photo. The act of keeping the polls open and allowing voters to cast their votes after the hour prescribed by law for closing such votes shall NOT itself annul election EXCEPT in case of fraud Persons Allowed in and Around the Polling Place (1) BEI (2) Watchers (3) COMELEC representatives (4)Voters Persons NOT allowed in and around the Polling place (1) AFP [including PNP] (2)Peace officer or armed or unarmed person belonging to any extra-legal police agency (3) Home defense units (4) Barangay Tanod (5) Other para-military forces UNLESS it is his polling place where he will vote BUT he should immediately leave the polling place Manner of Obtaining Ballots Voter shall approach the chairman and shall give his name. 3. After entering the number of the ballot in the corresponding space of the voting record. the individual who is found guilty shall be punishable with imprisonment of one to six years. Chairman shall announce the voter’s name in a tone loud enough to be plainly heard throughout the polling place. NOR stay longer than necessary. This is an electoral case called double/multiple registration. acknowledgment receipt which you can present upon getting your Voter’s ID. taking of your biometrics. except as provided for in the law. The voter.There are cases when an individual transfers residence then fails to file an application for cancellation or transfer. prepare a complete list containing the names of said voters consecutively numbered. None of the three qualifications must be deficient. which includes your signature. No voter shall be allowed to enter a booth accompanied by somebody. Poll Clerk shall. Casting of Votes Mandated Voting Hours Casting of votes start at 7:00AM and shall end at 3:00PM. autograph and home address. thumbmark and picture. Voter shall forthwith affix his signature in the proper space in the voting record. address & other data. fully accomplished Registration form (CEF-1A) which you can get either from the Office of Election Officer (OEO) or downloaded from the commission website. which also calls as flying voter. except when there are voters present within 30 meters in front of the polling place who have not yet cast their votes. upon receiving his folded ballot.Steps for Registration 1.

The challenged person shall take a prescribed oath before the BEI that he has not committed any of the acts alleged in the challenge. or (4) To intentionally tear or deface the same or put thereon any distinguishing mark (5)To use carbon paper. offered or promised to pay. has paid. or if he is identified under oath by member of the BEI and such identification shall be reflected in the minutes of the board. or (2) To exhibit its contents to any person. Challenge of Illegal Voters. . Challenge Based on Certain Illegal Acts. Violation shall constitute an election offense. the BEI shall publicly count in the polling place the votes cast and ascertain the results. Failure to present such shall not preclude him from voting if his identity be shown from the photograph. Upon the taking of oath. In no case shall an assistor assist more than 3 times. Counting to be Public and Without Interruption. or specimen signatures in his approved application in the book of voters.(A) The challenged person has received or expects to receive. it must be indicated in his registration record that e is illiterate or disabled. BEI may rearrange the physical set up of the polling place for the counting.Any voter or watcher may challenge any person offering to vote for not being registered. It is the Board of Election Inspectors (BEI) who shall response as to whether or not the ground for the challenge is true. the challenge shall be dismissed and the challenged voter shall be allowed to vote. PREPARATION OF BALLOTS FOR ILLITERATES AND DISABLED PERSONS can be done (a) by relative of affinity (b) by relative of consanguinity within the fourth civil degree (c) by any persons of his confidence. The BEI shall not adjourn or postpone or delay the count until it has been fully completed. unless otherwise ordered by the Commission. No voter shall be required to present his voter’s affidavit on election day unless his identity is challenged. shall not be allowed to vote. paraffin paper. Persons assisting shall bind himself in a formal document under oath. but in case of refusal. offered or promised to contribute money or anything of value as consideration for his vote or for the vote of another. has contributed. (B) That he has made or received a promise to influence the giving or withholding of any such vote. or (d) any member of the Board of Elections Ofiicer However. and (c) That he has made a bet or is interested directly or indirectly in a bet which depends upon the result of the election. (using the name of another or suffering from existing disqualification).If a voter should accidentally spoil or deface a ballot in such a way that it cannot lawfully be used.It shall be unlawful to (1) Prepare the ballots outside the voting booth. by requiring proof of registration or the identity of the voter. the challenge shall be sustained and thus. fingerprints. or other means for making a copy of the contents of the ballot or make use of any other means to identify the vote of the voter. Persons chosen shall prepare the ballot inside the voting booth. but only in the presence of the watchers and within close view of the public.After the voting. he Shall surrender it folded to the chairman who shall note in the corresponding space in the voting record that said ballot is spoiled. Spoiled Ballots. or (3) Erase any printing from the ballot.

But if the board should find that during the voting any valid ballot was erroneously deposited in this compartment. whether or not they contain such notation. and non-stop counting of the votes is to give no opportunity to malicious-minded persons to tamper with the ballot box and its contents. The Commission may authorize the board to count the votes and to accomplish the election return and other forms prescribed under the code in any place within a public building in the same municipality or city on account of imminent danger of widespread violence or similar causes of comparable magnitude. and . and honest election. Number of registered voters in the said precincts. It must also be posted in the website of the COMELEC and published in the local newspaper. unless ordered by the Commission. Counting of Votes Duty of the Board of Election Inspectors(BEI). the BEI shall open said compartment after voting and before counting. and the excess or marked ballots shall be placed in their proper envelopes which shall for such purposes be opened and again labeled. signed and kept as hereinafter provided. The valid ballots so withdrawn shall be mixed with the other valid ballots. and IF the polling place or voting center is also designated counting center such information shall be contained in the notice. detachment or field office nor within the premises of a prison or detention bureau or any law enforcement or investigation agency. Thenotice shall specify the precints covered by each counting center. in the interest of free. or if any ballot separated as excess or marked had been erroneously deposited therein. Designation of counting centers Posting and sending of notice. may authorize the BEI to count the votes in another place within a public building in the same municipality or city on account of imminent danger of widespread violence or similar causes of comparable magnitude. and compartment for spoiled ballots. and thereby thwart the expression of the true will of the electorate. except so far as to ascertain that each ballot is single.The Commission. The objective in decreeing an immediate. reservation. headquarters. The public building shall not be located within the perimeter of or inside a military or police camp. BEI shall not adjourn or postpone or delay the count until it has been fully completed. in a bulletin boards at the city/municipal hall and in three other conspicuous places in the city/municipality for at least 3 weeks prior to the election day. The BEI shall then prepare and sign a statement of such fact and lock the box with its 3 keys immediately thereafter. orderly. marked ballots. A copy of the notice shall be sent by the election officer to the headquarters or official address of the political parties or independent candidates. Duty of the BEI: excess ballots. Transfer shall have been recommended in writing by the BEI by unanimous vote and endorsed in writing by the majority of watchers present. public.The notice of designation shall be posted by the election officer prominently in his/her office. The BEI shall count the ballots in the compartment for valid ballots without unfolding them or exposing their contents.The BEI shall publicly count in the polling place the votes cast and ascertain the results. sealed.The ballots deposited in the compartment for spoiled ballots shall be presumed to be spoiled ballots.

If in the course of the examination ballots are found folded together before they were deposited in the box. Election Returns The BEI inspectors shall prepare the election returns simultaneously with the counting of votes in the polling places. The returns shall also show the date of the election. place them in an envelope which shall be marked "excess ballots" and which shall be sealed and signed by the members of the BEI. and placed in the proper envelope. they shall be placed in an envelope labelled "marked ballots" which shall be sealed and signed by the members of the board of election inspectors and placed in the compartment for valid ballots and shall not be counted. they shall be returned in the box and thoroughly mixed therein. The envelope shall be placed in the compartment for valid ballots. but its contents shall not be read in the counting of votes. the polling place. when feasible. if any be found. Any election returns with a separately printed serial number or which bears a different serial number from that assigned to the particular polling place concerned shall not be canvassed. while in the premises of the polling place or counting center. If the signatures and/or thumbmarks of the members of the board of election inspectors or some of them as required in this provision are missing in the election returns. The BEI shall then unfold the ballots and determine whether there are any marked ballots. likewise to be affixed in full view of the public. and the total numbers of votes obtained by each candidate. . directly print thirty (30) copies of the election return. the barangay and the city or municipality in which it was held. such ballots shall likewise be placed in the compartment for spoiled ballots. they shall be placed in the envelope for excess ballots. which shall likewise be sealed and distributed as herein provided. Without delay and. the second copy of the same shall be posted on a wall with sufficient lighting within the premises of the polling place. and the poll clerk. If there are excess ballots. The entry of votes in words and figures for each candidate shall be closed with the signature and the clear imprint of the thumbmark of the right hand of all the members. The other copies of election returns for both national and local position shall be sealed in the presence of the watchers and the public. and the ballots shall be included in the file of valid ballots. shall publicly draw out as may ballots as may be equal to the excess and without unfolding them.compare the number of ballots in the box with the number of voters who have voted. and. without seeing the ballots and with his back to the box. such coupons shall be removed and deposited in the compartment for spoiled ballots. the board of canvassers may summon the members of the board of election inspectors concerned to complete the returns. immediately after the last vote recorded or immediately after the name of the candidate who did not receive any vote. writing out the said number in words and figures Upon the accomplishment of the election return for national position. the poll clerk shall announce the posting of the second copy of the election return on a wall with sufficient lighting within the premises of the polling place or counting center. the total number of excess ballots. the total number of marked or void ballots. If ballots with the words "spoiled" be found in the box. In case ballots with their detachable coupons be found in the box. the total number of ballots found in the compartment for valid ballots. he shall secure an image of the election return using a secured data capturing device and immediately thereafter. the total number of valid ballots withdrawn from the compartment for spoiled ballots because they were erroneously placed therein. Immediately upon the accomplishment of the election returns for local position.

as members. the Commission shall proceed summarily to hear the petition. composed of the election registrar or a representative of the Commission. the chairman of the board of election inspectors shall orally and publicly announce the total number of votes received in the election in the polling place by each and every one of the candidates.  (b) City board of canvassers. a ranking fiscal in the district and the most senior district school supervisor in the district to be appointed upon consultation with the Ministry of Justice and the Ministry of Education.Upon the completion of the election returns.  (a) Provincial board of canvassers. as chairman. composed of the city election registrar or a lawyer of the Commission. Culture and Sports. Section 216 Alterations and corrections in the election returns. and one representative from each of the ruling party and the dominant opposition political party in the constituency concerned. as chairman. as members. composed of a lawyer of the Commission. composed of the provincial election supervisor or a senior lawyer in the regional office of the Commission. as members.Any correction or alteration made in the election returns by the BEI inspectors before the announcement of the results of the election in the polling place shall be duly initialed by all the members. Board of canvassers A majority vote of all the members of the board of canvassers shall be necessary to render a decision. and one representative from each of the ruling party and the dominant opposition political party in the constituency concerned entitled to be represented. If a candidate affected by a petition of the BEI objects. There shall be a board of canvassers for each province.Section 213 Proclamation of the result of the election in the Polling Place. After the announcement of the results of the election in the polling place has been made. as vice-chairman.  (c) District board of canvassers of Metropolitan Manila. as chairman. respectively. stating their corresponding office. the city fiscal and the city superintendent of schools. the Commission shall constitute a board of canvassers and appoint the members thereof for the first election in a newly created province.the provincial fiscal. the board of election inspectors shall not make any alteration or amendment in any of the copies of the election returns.  (d) Municipal board of canvassers. as chairman.  (e) Board of canvassers for newly created political subdivisions. the municipal treasurer. the Commission shall order the recounting of the votes of the candidates affected and the proper corrections made. municipality. as members. unless the correction sought is such that it can be made without need of opening the ballot box. and the provincial superintendent of schools. Upon grant of the petition. city. and one representative from each of the ruling party and the dominant opposition political party entitled to be represented. and the results of the election would be affected by the correction sought to be made. and district of Metropolitan Manila. and the district supervisor or in his absence any public school principal in the municipality and one representative from each of the ruling party and the dominant opposition political party entitled to be represented. city or municipality in case the .

Relationship with candidates and other members. Section 227. coalition of political parties and organization collectively authorized by the Commission to appoint watchers shall have the right to guard the room. or to any member of the same board. In case of the omission in the election returns of the name of any candidate and/or his corresponding votes.The chairman and the members of the board of canvassers shall not be related within the fourth civil degree of consanguinity or affinity to any of the candidates whose votes will be canvassed by said board.officials who shall act as members thereof have not yet assumed their duties and functions. After posting. Section 230. upon prior authority of the Commission. If not all the election returns have been received by it. may use any of the authentic copies of said election returns or a certified copy of said election returns issued by the Commission Material defects in the election returns (Sec.The Commission shall have direct control and supervision. obtain such missing election returns from the BEI. by messenger or otherwise. (2) also after satisfying itself that the integrity of . 233) Copy of election returns is missing: BOC. shall order the BEI to open the ballot box. Supervision and control over board of canvassers. Section 222. Safekeeping of transmitted election returns. the BOC shall require the BEI concerned to complete the necessary data in the election returns and affix therein their initials. the chairman of the board of canvassers shall collect the posted certificate of canvass and keep the same in his custody to be produced for image or data capturing.The board of canvassers shall keep the ballot boxes containing the election returns in a safe and secure room before and after the canvass. and. BOC shall call for all the members of the BEI concerned to effect the correction. 234) Material defects: some requisites in form or data had been omitted in the election returns. political parties. The watchers of candidates. Posting The copy of the certificate of canvass is posted on the wall for (48) hours. if the votes omitted in the returns cannot be ascertained by other means except by recounting the ballots: the Commission. Any member of the board of canvassers may be relieved for cause and substituted motu proprio by the Commission. Lost or destroyed: BOC. (1) after satisfying itself that the identity and integrity of the ballot box have not been violated. Election Returns: Delayed. Lost or Destroyed (Sec. the BOC may terminate the canvass and proclaim the candidates elected on the basis of the available election returns provided the missing election returns will not affect the results of the election.

falsified. the copy inside the ballot box  If other copies of the returns are likewise tampered with. or prepared by persons other than the members of the BEI  BOC or any candidate affected shall bring the matter to the attention of the Commission  Give notice to all candidates concerned  After satisfying itself that nothing in the ballot box indicate that its identity and integrity have been violated. 237) It should appear that there are evidence or signs of replacement. not authentic. and shall order the opening of the ballot box to recount the votes cast in the polling place (purpose: determining the true result of the count of votes of the candidates concerned) When integrity of ballots is violated (Sec. if necessary. 235)  Elections returns submitted to the BOC  appear to be tampered with. . shall determine whether the integrity of the ballot box had been preserved. altered or falsified after they have left the hands of the board of election inspectors  Not authenticated  Prepared by the board of election inspectors under duress. Discrepancies in election returns (Sec. intimidation. prepared under duress.the ballots therein has been duly preserved. force. order the BEI to count the votes for the candidate whose votes have been omitted with notice to all candidates for the position Election Returns: tampered with or falsified (Sec. altered. order the opening of the ballot box  After satisfying itself that the integrity of the ballots therein has been duly preserved shall order the BEI to recount the votes of the candidates affected and prepare a new return which shall then be used by the board of canvassers as basis of the canvass. tampering or violation of the integrity of the ballots. the Commission shall not recount the ballots but shall seal the ballot box and order its safekeeping. 236)The Commission. intimidation  Prepared by persons other than the member of the board of election inspectors  BOD shall use the other copies of said election returns and. force. upon motion of the BOC or any candidate affected and after due notice to all candidates concerned.

no proclamation shall be made except upon orders of the Commission after due notice and hearing.Canvass of remaining or unquestioned returns to continue (Sec. Any proclamation made shall be null and void. 238) If the returns which have been set aside will affect the result of the election.  Every ballot shall be presumed to be valid unless there is clear and good reason to justify its rejection .