Question & AnswerQ&A (Republic Act No. 10366)
The main purpose of Republic Act No. 10366 is to authorize the Commission on Elections (COMELEC) to establish precincts assigned to accessible polling places exclusively for persons with disabilities and senior citizens to ensure their political participation without discrimination or restrictions.
Persons with Disabilities are defined as qualified voters who have long-term physical, mental, intellectual or sensory impairments which, in interaction with various barriers, may hinder their full and effective participation in electoral processes on an equal basis with others.
Senior Citizens are qualified voters who are sixty (60) years old or older.
The key rights include ensuring voting procedures, facilities, and materials are appropriate and accessible; protecting their right to vote by secret ballot without intimidation; facilitating the use of assistive and new technologies; and allowing assistance in voting by a person of their own choice.
The Commission must render appropriate assistance to persons with disabilities and senior citizens in coordination with government agencies and civil society organizations, keep updated records of such voters including their types of disability and needed assistance, design appropriate registration forms, conduct satellite and special registration, establish accessible precincts, and ensure ballot design accommodates reasonable accommodations.
The purpose is to provide accessible polling places free of physical barriers, with assistive devices and expert services, to facilitate the meaningful and effective participation of persons with disabilities and senior citizens in elections.
Assistance may be provided by the Election Officer, any member of an accredited citizen's arm, a relative within the fourth civil degree, or if none present, any person of the voter's confidence who belongs to the same household.
They may be assisted by a relative within the fourth civil degree, a person of their confidence in the same household, or a member of the Board of Election Inspectors. The assistor must be a voter, swear under oath to follow the voter's instructions and maintain ballot secrecy, and no assistor (except BEI members) can assist more than three times. Violations are election offenses.
Universal design is the design of products, environments, programs, and services intended to be usable by all people as much as possible without the need for adaptation or specialized design, though it does not exclude assistive devices for particular groups where necessary.
Violations constitute election offenses punishable under Section 262 of the Omnibus Election Code, including unauthorized assistance or breach of ballot secrecy by the assistor.
The Commission on Elections, in coordination with relevant agencies, shall organize and implement sensitivity training programs to familiarize those performing electoral duties with the needs of persons with disabilities and senior citizens to ensure respectful and proper assistance.
The Commission shall keep updated records indicating types of disability and needed assistance, make such records accessible to concerned government offices and organizations promoting their rights, while protecting the privacy of individuals as per specific guidelines.
The Act took effect on July 1, 2013, following its publication in two newspapers of general circulation.
The Commission is required to ensure that information materials related to electoral processes are appropriate and accessible to persons with disabilities and senior citizens.