Law Summary
Definition of Key Terms
- AES: Technology for voting, counting, consolidating, canvassing, transmission.
- Electronic transmission: Data conveyed electronically.
- Official ballot: Paper or technology-generated ballot representing votes.
- Election returns: Printed/electronic vote results by precinct.
- Certificates of canvass: Documents consolidating total votes at various government levels.
- Paper-based and direct recording electronic election systems defined.
- Counting centers: Designated public venues for vote counting.
- Continuity plan: Contingency measures for AES operation.
- Disabled voters: Persons impaired in using AES.
- Source code: Human-readable computer instructions.
- Station: Polling place or canvassing center.
Board of Election Inspectors (BEI) Composition
- At least one BEI member per precinct must be IT-capable and certified free by the Department of Science and Technology (DOST).
Support for Board of Canvassers
- AES implementation supported by authorized IT-capable persons deputized by COMELEC from government agencies.
- Deputized personnel receive per diem equal to board members.
Authority to Use AES
- COMELEC authorized to use AES (paper-based or direct electronic) in elections.
- Initial pilot: AES implemented in specific cities and provinces across Luzon, Visayas, Mindanao.
- Areas with officials under administrative charges within 16 months prior to 2007 elections excluded.
- Local governments’ consent required before AES deployment.
- AES to be implemented nationwide in future elections.
Minimum System Capabilities
- AES must ensure:
- Security against unauthorized access.
- Accurate vote recording, tabulation, transmission.
- Error recovery and system integrity.
- Voter Verified Paper Audit Trail (VVPAT).
- System auditability.
- Election management capabilities.
- Accessibility for illiterate and disabled voters.
- Data retention and safekeeping provisions.
- Official ballot utilization.
- Voter verification systems.
- Access control configurations.
- COMELEC to develop evaluation system with advisory council assistance.
Secure Communication for AES
- All AES electronic transmissions must use secure channels as recommended by Advisory Council to ensure authenticity.
Creation and Composition of Advisory Council
- Convened before elections, deactivated post-canvassing.
- Composed of:
- Chairperson of Commission on Information and Communications Technology (CICT) as Chair.
- Representatives from Department of Science and Technology, Department of Education.
- Representatives from academe, ICT professional organizations, and electoral reform NGOs.
- Members must be registered voters with independence, competence, and probity.
- Disqualified if affiliated with political parties or candidates, or involved in IEC product marketing.
- May use nonpartisan expert resource persons under similar restrictions.
- CICT to provide necessary funding.
Functions of the Advisory Council
- Recommend technology for AES.
- Participate as nonvoting members in bidding and steering committees (except ICT professionals).
- Advise on system development, testing, evaluation, and problem resolutions.
- Assist with risk management and contingency planning.
- Prepare written evaluation reports post-election.
- Does not diminish COMELEC’s authority.
- Members entitled to reasonable allowances.
Establishment and Functions of Technical Evaluation Committee
- Composed of representatives from COMELEC, CICT, and DOST (Chair).
- Certify AES operation readiness three months before elections; earlier for pilot elections.
- Certification includes field testing, software audits, source code review, and escrow certification.
- Development of continuity plans to avoid election failures.
- COMELEC must provide written reasons to Oversight Committee if proceeding without certification.
- May engage resource persons with required qualifications.
- Coordinate with steering committee on deliverables and timelines.
Procurement of Materials and Equipment
- COMELEC authorized to acquire supplies, hardware, software, and services via purchase, lease, or rent, tax and duty-free.
- For 2010 and beyond, AES must have proven electoral experience nationally or internationally.
- Total implementation costs included in bid evaluation.
Continuity Plan
- AES must include contingency measures for system breakdowns.
- Activation requires notification of political party representatives and citizens’ arm.
- Plans must be published and distributed to political parties and posted publicly prior to elections.
Examination and Testing of AES Equipment
- Political parties, candidates, and citizen representatives may examine and test equipment before elections.
- Test ballots and forms provided.
- Comments submitted immediately for COMELEC action.
- Source code made available for review to interested parties upon AES selection.
Official Ballots Format and Printing
- COMELEC prescribes ballot formats and electronic displays.
- Candidates listed alphabetically; consistent font size; signature space for authentication.
- Filing deadlines correlated with campaign periods and candidacy status.
- National Printing Office or Bangko Sentral ng Pilipinas prints ballots under security; private printers allowed if necessary.
- Anti-counterfeit measures, e.g., holograms and bar codes, mandated.
- Number of ballots printed with provisions per registered voter plus extras.
Ballot Boxes and Voting Procedure
- Ballot boxes required with safety features, proper size for official ballots.
- COMELEC prescribes clear, secrecy-respecting voting procedures.
Polls Closing and Vote Reporting
- COMELEC to prescribe poll closing times and vote counting and reporting procedures.
Counting Centers and Notice Posting
- Election officers must publicly post counting center designations at least three weeks before elections, including precinct coverage and voter counts.
- Notice sent to political parties and posted online and in local newspapers.
- Military and police premises excluded from counting center locations.
Counting Procedures and Election Returns
- Counting procedure prescribed with requirement to print 30 copies of election returns.
- Election returns bear control marks, signatures, and thumbmarks of BEI members and watchers.
- Chair reads results publicly.
- Prints distributed to multiple recipients including boards of canvassers, Congress, political parties, media, and citizens’ arms; posting in polling places mandatory.
- Transmission of electronically signed results considered official.
Canvassing Process and Certificates of Canvass
- City/municipal boards canvass votes for major positions, consolidate electronically transmitted results.
- Certification printed for votes and proclamation of elected officials.
- Specific provisions for Metro Manila with district and municipal boards.
- Certificates supported by statements of votes.
- Boards must electronically transmit certificates within one hour after canvassing.
- COMELEC ensures integrity of digital transmissions.
Copies and Distribution of Certificates of Canvass
- Multiple copies produced and distributed to provincial boards, COMELEC, Congress, political parties, media, citizens’ arms.
- Posting on walls in canvassing centers with 48-hour public viewing.
- Copies may be claimed at polling or canvassing centers.
- Print and electronic copies may be used for unofficial counts.
National Boards of Canvassers
- COMELEC en banc is national board for senators and party-list representatives, consolidates certificates electronically and proclaims winners.
- Congress as national board for president and vice-president canvasses certificates and proclaims winners after authenticity verification.
Random Manual Audit
- One precinct per congressional district randomly audited manually.
- Discrepancies trigger root cause analysis and possible manual count.
Authentication of Electronic Results
- Authentication and certification procedures follow RA 7166, supplemented by Electronic Commerce Act and Supreme Court rules.
Stakeholder Education and Training
- Widespread education six months prior to elections via media and seminars.
- Stakeholders: public, COMELEC staff, government agencies, local officials, incumbents, political parties, military, and police.
- Training promotes understanding and acceptance of AES.
- Continuous public campaigns with accredited citizens’ arms.
Joint Congressional Oversight Committee
- Comprised of 14 members (7 Senate, 7 House), majority and minority representation.
- Monitors AES implementation and receives reports from Advisory Council.
- Reviews AES performance annually after elections.
- Makes recommendations on technology adoption, improvements, and future implementation scope.
Prohibited Acts and Penalties
- Unauthorized use, tampering, stealing of ballots, election returns, AES devices.
- Interfering with installation or transmission of election data.
- Gaining unauthorized access or altering election software or data.
- Refusal or failure to provide election returns to parties or citizens’ arm.
- Failure to post voter lists.
- Penalty: 8 years and 1 day to 12 years imprisonment, disqualification from public office and suffrage, perpetual disqualification for non-elective offices.
Applicability and Enforcement
- Omnibus Election Code and other election laws apply unless inconsistent.
- COMELEC empowered to promulgate rules for implementation and enforcement.
Amendments to Omnibus Election Code and Related Laws
- Procedural details for vote counting, election returns, canvassing, posting, and certification updated to conform with AES use.
- Official watchers established with specific entitlements and per diem.
- Counting must be public, uninterrupted, and in the presence of watchers.
Funding and Appropriations
- Initial P2.6 billion allocated for AES modernization.
- Up to P3 billion allocated for manual systems.
- Unused funds continue to be appropriated and do not revert to General Fund.
Separability and Repealing Clauses
- Invalid sections do not affect the remainder of the law.
- All inconsistent laws, decrees, and rules repealed or modified.
Effectivity
- The Act take