QuestionsQuestions (Republic Act No. 10366)
RA 10366 declares it is State policy to ensure persons with disabilities (PWDs) and senior citizens can exercise political participation rights without discrimination or restrictions, by enabling them to register and vote by themselves through accessible electoral systems and universal design.
PWDs are qualified voters with long-term physical, mental, intellectual, or sensory impairments that, in interaction with barriers, may hinder full and effective participation on an equal basis. Senior citizens are qualified voters aged sixty (60) or older.
It is the venue where the Board of Election Inspectors (BEIs) conduct election-related proceedings and where voters cast their votes. It must be located at the ground floor (preferably near the entrance), free of physical barriers, and provided with necessary services including assistive devices.
The State must ensure appropriate, accessible, easy-to-understand voting procedures/facilities/materials; protect their right to vote by secret ballot without intimidation, facilitating assistive/new technologies when appropriate; and guarantee their free expression by allowing assistance in voting by a person of their own choice.
COMELEC has a duty to render appropriate assistance in coordination with government agencies and civil society organizations.
COMELEC must keep an updated record of registered PWDs and senior citizens indicating types of disability and the assistance they need. The record may be made accessible to concerned government offices, accredited citizens’ arms, civil society monitoring groups, and other organizations promoting their rights, subject to guidelines to protect privacy.
In designing the forms, COMELEC must require registrants to indicate the type(s) of disability and the form(s) of assistance needed when applying for registration, reactivation, transfer, or correction of entries.
Yes. If a voter previously registered without indicating disability type or developed/manifests a disability after registration, they may update their registration record during the period to file applications for registration, including indicating the disability type and assistance needed.
The Election Officer must assist in preparing the application form, or assistance may be provided by a member of an accredited citizens’ arm, a relative by consanguinity or affinity within the fourth civil degree, or (if none is present) any person of the voter’s confidence belonging to the same household.
COMELEC, coordinating with national government agencies, local government units, PWD/senior citizen organizations, and other cause-oriented groups, must conduct satellite and/or special registration in accessible places. Special registration exclusively caters to first-time PWD/senior citizen registrants outside the regular Election Officer’s jurisdiction.
COMELEC may establish non-territorial precincts exclusively for PWDs and senior citizens who manifest intent to avail of a separate precinct in their registration records. At least one (1) such precinct must be assigned to accessible polling places for every voting center.
COMELEC must ensure reasonable accommodation in designing the ballot so that PWDs and senior citizens can accomplish the ballots by themselves.
A relative within the fourth civil degree; if none, any person of the voter’s confidence in the same household; or a member of the BEIs. A person who usually assists the voter (e.g., personal assistant, caregiver, nurse) is considered part of the voter’s household for this purpose.
No assistor is allowed based on illiteracy/physical disability unless indicated in the registration record, except when physical inability is manifest/obvious/visible. The assistant must be of voting age, must execute an oath (under oath) to follow the voter’s instructions and not reveal contents, and no assistor may assist more than three (3) times except BEI members; violations constitute an election offense punishable under Section 262 of the Omnibus Election Code.
COMELEC, in coordination with NCDA, CHR, and PWD/senior citizen organizations, must organize and implement sensitivity trainings for electoral duty performers—COMELEC field officers, BEIs, and accredited citizens’ arms—to familiarize them with the needs of PWDs and senior citizens.
It must ensure that information materials relating to electoral processes are appropriate and accessible to PWDs and senior citizens.
COMELEC must promulgate the IRR within sixty (60) days from effectivity. The law takes effect on July 1, 2013, after publication in two (2) newspapers of general circulation.