Definition of Terms
- "Automated election system": Technology and electronic devices for voting, counting votes, and canvassing results.
- "Counting machine": Optical scanning/mark-sense device to count ballots.
- "Data storage device": For electronic storage of counting and canvassing results.
- "Computer set": Standard computer equipment.
- "National Ballot": Includes candidates for president, vice president, senators, and party-list system for the 1998 elections, counted by machine.
- "Local Ballot": For local positions, manually written and counted.
- "Board of Election Inspectors": Three regular members plus a fourth special member and COMELEC representative for national ballots.
- "Election returns": Machine-generated voting results for each precinct.
- "Statement of votes" and "Certificate of canvass": Machine-generated aggregated reports.
- "Counting center": Public place designated for vote counting and canvassing.
Qualifications and Rights of Special Members of Board of Election Inspectors
- Must be of good moral character, registered voter, no conviction or pending case for election offenses or certain crimes.
- Cannot be related within the fourth degree to board members or candidates.
- Special members have the same rights and liabilities as regular members but can only vote on national ballot matters.
Duties and Functions of Special Members of the Board
- Accomplish minutes of voting and ensure ballot box correctness.
- Transport national ballots to counting centers.
- Verify ballot count before counting.
- Jointly accomplish minutes of counting and certify results with COMELEC representative.
- Deliver counted ballots and documents to treasurer for safekeeping.
Board of Canvassers
- Separate boards for manual and automated elections for 1998.
- Automated system board chairman appointed from COMELEC personnel, members from specified officials.
Authority to Use Automated Election System
- COMELEC authorized to use automated system for voting, counting, and canvassing.
- For 1998, applicable only to national positions.
- Enables procurement of required supplies through expedited bidding with political party notifications.
- Manual elections if system not fully implemented by Feb 9, 1998, except ARMM where automation applies for all.
Features of the Automated Election System
- Ballot usage, stand-alone counting machines, audit trails, minimal human intervention, security measures.
- User-friendly, built-in security with encryption and sealed keys.
- Optical Mark Reader with built-in printer and automated ballot feeders.
- Capable of detecting fake ballots and duplicates.
- Print multiple copies of consolidated reports with adequate memory.
- Built-in storage (floppy and hard disks), temperature and rust-resistant.
- No external computer peripheral connection.
- Uninterrupted Power Supply, operation manuals, expandable design.
- Fast counting, accurate with warranty, and report generation capabilities.
- Procurement includes system of deductions for non-compliance.
- Advisory Council of technical experts and Technical Ad Hoc Evaluation Committee for certification and reliability testing.
Procurement of Equipment and Materials
- Equipment procured tax and import duty-free from local or foreign sources.
- Subject to accounting and auditing rules.
Systems Breakdown in Counting Center
- Use of machines from other areas allowed upon approval.
- Transfer done with political party and citizens’ arm notification and presence.
- Defined breakdown includes failures in ballot reading, storing, printing, consolidating.
Examination and Testing of Counting Machines
- Scheduled with proper notice allowing parties and citizens’ arms to examine and test.
- Machines locked and sealed post-testing.
- Written reports from observers submitted to COMELEC for action.
Official Ballot Specifications
- Size, form prescribed by COMELEC; names arranged alphabetically.
- Space for chairperson’s signature.
- Consider both sides of ballot if necessary.
- Filing deadlines set for candidacies and party-list registrations.
- Printed under security by National Printing Office/Bangko Sentral ng Pilipinas or certified private printers.
- Accredited parties may have watchers.
- Anti-fake ballot measures include magnetic ink, bar codes, security markings.
- Quantity: one ballot per registered voter plus four extra ballots per precinct.
Substitution of Candidates
- Votes for substituted candidates count for substitutes after ballot printing.
Ballot Box Requirements
- Safety features prescribed by COMELEC.
- Size sufficient for ballots without folding.
- Two boxes per precinct for May 1998: one national, one local.
Voting Procedure
- Ballot issued by chairperson.
- Voting in private booth.
- One ballot replacement allowed for spoiled ballots.
- Voter applies thumbmark and receives indelible ink on finger.
- Ballot personally dropped in box.
- Separate ballots for national and local for May 1998.
Closing of Polls
- Board records voter turnout, unused/spoiled ballot numbers, sealing details.
- Minutes placed inside ballot box which is locked and sealed.
- Announcement of counting place.
- Transport of national ballots escorted by police, citizens’ arm, and party representatives.
Designation of Counting Centers
- Public places designated within city/municipality.
- Notice posted for 15 days prior to election.
- Special provisions for National Capital Region and urban centers.
Counting Procedure
- Public counting at designated centers.
- Ballot boxes logged, opened, and ballots verified against minutes.
- Excess ballots removed sealed and placed with spoiled ballots.
- Board feeds ballots into machine continuously.
- Board remains until all ballots counted and reports accomplished.
Election Returns
- Printed copies signed, thumbmarked, and attested.
- Public announcement of results.
- Multiple copies distributed to city/municipal canvassers, Congress, COMELEC, citizens’ arm, political parties.
- Citizens’ arm responsible for unofficial counts.
- Ballots returned to sealed boxes.
Custody and Accountability of Ballots
- Joint responsibility of election officer and treasurer.
- Ballot boxes sealed and unopened for three months unless ordered.
Substitution of Board of Canvassers
- Chairman replaced by ranking COMELEC lawyer if unavailable.
- Other members replaced by specified officials in descending priority.
Canvassing by Various Boards
- Consolidation of tabulated results at city/municipal, district, provincial levels.
- Proclamation of elected officials upon canvass completion.
- Metro Manila boards have specific arrangements.
- Certificates of canvass supported by statements of votes.
- COMELEC safeguards data integrity during canvass.
Distribution of Certificate of Canvass Copies
- Multiple copies distributed to appropriate canvassers, COMELEC, citizens’ arm, and political parties.
- Proper signing, sealing, and attachment of election returns.
National Boards of Canvassers
- COMELEC en banc canvasses senators’ results.
- Congress canvasses president and vice-president results in joint session.
Voters Education
- Continuous campaign by COMELEC and citizens' arms through media and seminars.
- Promote understanding of automated system and electoral values.
Supervision and Control
- Exclusive jurisdiction of COMELEC over the system.
- Creation of an Information Technology Department within COMELEC.
- COMELEC empowered to acquire equipment, promulgate rules.
Oversight Committee
- Composed of COMELEC and Congress representatives.
- Monitors and evaluates Act implementation.
- Authorized to hire consultants.
- Funded for operational needs.
Pre-election Act Date Adjustments
- COMELEC authorized to reschedule pre-election acts if needed to protect suffrage.
Election Offenses
- Unauthorized use, tampering, destruction, stealing of ballots and election materials is penalized.
- Interference with computer counting devices punishable.
- Unauthorized access or alteration of computer-related election data and equipment is penalized.
Applicability
- Omnibus Election Code and other consistent laws apply.
Rules and Regulations
- COMELEC to promulgate implementing rules.
- Address issues from two-ballot system.
- Consult citizens' arms.
Appropriations
- Initial funds from COMELEC’s current appropriations.
- Future funds included in General Appropriations Act.
- Contingency funding available if needed.
Separability Clause
- Invalid provisions do not affect remainder of Act.
Repealing Clause
- Inconsistent laws, decrees, orders, rules repealed or modified.
Effectivity
- Takes effect 15 days after publication in a newspaper of general circulation.