QuestionsQuestions (Republic Act No. 4730)
Those who possess all voter qualifications and none of the disqualifications have the right and duty to be registered in the city/municipality/municipal district where they are domiciled for inclusion in their precinct book. If on the registration date the person lacks any qualification required, he may still be registered upon proof that he will have the qualification on the date of the election.
There must be at least one Election Registrar and a clerk appointed by the COMELEC in each city, municipality, and municipal district. Each Election Registrar is appointed to a specific local government unit and cannot be transferred or removed to another without the registrar’s consent and for cause.
For cities/municipalities/municipal districts having 4,000 registered voters or less, COMELEC may (at its discretion) appoint an Election Registrar attached to another political subdivision for registration purposes, or appoint the city/municipal treasurer as Election Registrar with additional compensation not exceeding 50% of his treasurer’s salary.
There is an Election Registration Board for each Election Registrar position. Each board consists of the Election Registrar as chairman and a number of members to be appointed by COMELEC upon proposal of the two political parties that polled the largest and next largest number of votes in the preceding presidential election.
Boards must meet every Monday during regular office hours, but COMELEC may require particular boards to meet more or less often depending on duty exigencies.
A member must be a qualified elector of good reputation, have not been convicted of any election offense or any other crime punishable by more than six months, and must have no complaint or information pending against him for any election offense.
Except for notaries public, no person holding any public office or position, or who is a candidate for an elective office, may be appointed as a member.
A qualified voter must personally appear and file a sworn application within 60 days after acquiring voter qualifications, but not later than 60 days before a regular election and not later than 30 days before a special election. If one fails to register within the 60-day period after acquiring qualifications, or registers after the period, he is not qualified to vote in the immediately following election.
For purposes of the 1967 elections, any qualified voter may register any time before the 60-day period preceding the date of that election.
Upon receipt of the sworn application, the Election Registrar sets it for hearing with notice posted for at least three days. The registrar gathers evidence for/against and submits the application and evidence to the Board at its next meeting. The Board decides by majority vote. If the Board fails to act within two consecutive meetings (including the meeting where submitted), the application is deemed approved. Upon approval, the registrar issues the corresponding identification card.
The applicant may file a petition for inclusion with the Justice of the Peace Court or the Court of First Instance. If the decision orders inclusion in the permanent list, the Election Registrar activates the previously denied application by placing it in the proper precinct book, enters the court order, and mails/delivers the voter’s identification card. If adverse, the right of appeal under existing laws applies.
Within two days from approval or disapproval, the Election Registrar must post a notice in the municipal building showing the applicant’s name and address and the date of application and action taken. He must also serve a copy by registered special delivery mail or personal delivery on the heads or representatives of national political parties in the locality.
Precinct books must contain the original copies of approved applications, arranged alphabetically, sealed and certified by the Election Registration Board as complete for the precinct. The registrar delivers the precinct books to the chairman of the board of inspectors when ballots are delivered, to be returned to the registrar when election returns are delivered. Thirty days before a regular election and ten days before a special election, precinct books are sealed and not available for public examination.
Within ten days after the books are closed and sealed, any candidate, representative, board of inspectors member, or elector may apply to the Court of First Instance for an order excluding the same; the matter proceeds under the referenced provisions of the Revised Election Code.
No voter is required to present the identification card on election day unless his identity is challenged under the Revised Election Code. Failure or inability to produce the card upon challenge does not preclude voting if identity is shown from the photograph or fingerprints in the approved application in the precinct book, or if identified under oath by a member of the board of inspectors or a duly accredited watcher.
An elector, a party representative, or the Election Registrar may file a sworn petition for exclusion from the permanent list of voters on the ground that the voter is disqualified, disabled, or illegally registered. It must be filed at any time except 45 days before a regular election and 25 days before a special election. The petition is decided within 15 days, and the right of appeal is available to any interested party.
The Board removes the voter’s application from the precinct book and places it in the inactive file, after entering the cause: (a) death as certified by the local civil registrar; (b) final conviction/serious offense as certified by the clerk of court/municipal court clerk/justice of the peace as applicable; and (c) failure to vote in two successive preceding regular elections as shown by voting records. The registrar notifies the voter and requires surrender of the voter’s ID card; in death cases, notices go to next of kin.