Title
Law on Accessible Polling Places for PWDs and Seniors
Law
Republic Act No. 10366
Decision Date
Feb 15, 2013
Republic Act No. 10366 ensures that persons with disabilities (PWDs) and senior citizens have accessible polling places and voting procedures, allowing them to exercise their right to political participation without discrimination or restrictions. The law mandates the Commission on Elections to establish precincts exclusively for PWDs and senior citizens, provide assistance in voting, and conduct sensitivity trainings for electoral personnel.
authorizing
precincts
accessible polling places
A

Core definitions and key concepts

  • “Commission” refers to the Commission on Elections.
  • “Persons with Disabilities” are qualified voters with long-term physical, mental, intellectual, or sensory impairments which, in interaction with barriers, may hinder full and effective participation on an equal basis with others.
  • “Senior Citizens” are qualified voters who are sixty (60) years or older.
  • “Electoral Processes” include registration, candidacy, campaign, voter education, and casting of vote.
  • “Assistance” means support or aid enabling meaningful and effective participation in electoral processes.
  • “Discrimination on the basis of disability” means any distinction, exclusion, or restriction based on disability that impairs or nullifies equal recognition, enjoyment, or exercise of human rights and fundamental freedoms, including denial of reasonable accommodation.
  • “Universal design” means design of products, environments, programs, and services usable by all people to the greatest extent possible without adaptation or specialized design, but it does not exclude assistive devices for particular groups where needed.
  • “Satellite registration” is registration in satellite offices in a public place within an Election Officer’s jurisdiction, accepting applications for registration, transfer or transfer with reactivation, reactivation of registration records, change or correction of entries, and validation of registration from residents within the Election Officer’s territorial jurisdiction.
  • “Special registration” is registration in established satellite offices conducted by a special registration team designated by the Commission and exclusively caters to first time persons with disabilities and senior citizen registrants residing outside the regular Election Officer’s jurisdiction.
  • “Accessible polling place” is the venue where the Board of Election Inspectors (BEIs) conducts election-related proceedings and where voters cast their votes, located at the ground floor, preferably near the entrance, free of physical barriers, and provided with necessary services including assistive devices.

Guaranteed political participation rights

  • The State shall guarantee the political rights of persons with disabilities and senior citizens in line with universal design by requiring voting procedures, facilities, and materials to be appropriate, accessible, and easy to understand and use.
  • The State shall protect the right of these voters to vote by secret ballot in elections without intimidation.
  • The State shall facilitate the use of assistive and new technologies where appropriate.
  • The State shall guarantee the free expression of these voters in suffrage and allow assistance in voting by a person of their own choice.

Commission duties and voter records

  • The Commission must render appropriate assistance to persons with disabilities and senior citizens in coordination with government agencies and civil society organizations.
  • The Commission must keep an updated record of registered persons with disabilities and senior citizens indicating:
    • the types of disability, and
    • the assistance they need,
      to help determine policy directions for more inclusive and accessible electoral processes.
  • The updated record must be made accessible to concerned government offices, accredited citizens’ arms, civil society monitoring groups, and other organizations promoting these voters’ rights, subject to specific guidelines the Commission may promulgate to protect affected individuals’ privacy.

Registration requirements and updating mechanisms

  • In designing registration forms, the Commission must ensure applicants indicate the type(s) of disability and the form(s) of assistance needed when applying for:
    • registration,
    • reactivation,
    • transfer, or
    • correction of entry.
  • Persons previously registered who did not indicate disability type, or who develop or manifest such disability after registration, must be allowed during the periods to file applications for registration to update their registration records to indicate disability type and assistance form needed for election day.
  • The Commission may design registration forms specifically for these voters or issue supplemental forms, and must provide procedures for updating registration records.

Assistance to complete registration and ballots

  • A person with disability or senior citizen who cannot accomplish an application for registration due to illiteracy or physical disability must receive assistance:
    • from the Election Officer preparing the application form, or
    • from any member of an accredited citizens’ arm, or
    • from a relative by consanguinity or affinity within the fourth civil degree, or
    • if none is present, from a person of the voter’s confidence belonging to the same household.
  • A person with disability or senior citizen who is illiterate or physically unable to prepare the ballot may be assisted in preparing the ballot by:
    • a relative by consanguinity or affinity within the fourth civil degree, or
    • if none, any person of the voter’s confidence in the same household, or
    • any member of the BEIs.
  • For this voting-assistance rule, a personal assistant, caregiver, or nurse must be treated as a member of the voter’s household.
  • No voter may have an assistant on the basis of illiteracy or physical disability unless the need is indicated in the voter’s registration record.
  • Even without such indication in the registration record, a voter shall be allowed to be assisted when the physical inability to prepare the ballot is manifest, obvious, or visible.
  • The assistant must be of voting age.
  • The assistant must execute and sign a formal document under oath to:
    • fill out the ballot strictly according to the voter’s instructions, and
    • not reveal the contents of the ballot prepared by the assistant.
  • The assistant must prepare the ballot for the voter inside the voting booth.
  • Except for members of the BEIs, no assistant may assist for more than three (3) times.
  • Any violation of the voting-assistance limits and requirements constitutes an election offense punishable under Section 262 of the Omnibus Election Code.

Accessible satellite registration and precinct design

  • The Commission must conduct satellite and/or special registration for these voters in accessible places in coordination with:
    • national government agencies and local government units,
    • persons with disability and senior citizen organizations, and
    • other cause-oriented groups.
  • The Commission is authorized to establish precincts of a nonterritorial nature exclusively for persons with disabilities and senior citizens who, in their registration records, manifest intent to avail of a separate precinct under the Act.
  • For every voting center, the Commission must establish at least one (1) such precinct assigned to accessible polling places.
  • These accessible precincts and polling places must be provided with:
    • assistive devices, and
    • the services of experts in assisting persons with disabilities.

Ballot design, election information, and training

  • In designing the ballot, the Commission must ensure reasonable accommodation so persons with disabilities and senior citizens can accomplish ballots by themselves.
  • The Commission must ensure information materials relating to electoral processes are appropriate and accessible to these voters.
  • The Commission must organize, design, and implement sensitivity training programs in coordination with:
    • the National Council on Disability Affairs (NCDA),
    • the Commission on Human Rights (CHR),
    • and persons with disability and senior citizen organizations.
  • The sensitivity trainings must familiarize persons performing electoral duties, including Commission field officers, BEI members, and accredited citizens’ arms, with these voters’ needs.

Implementing rules, funding, and effectivity

  • The Act’s initial funding must be charged against the Commission’s current year appropriations or from any available savings of the Commission.
  • Thereafter, the amount necessary for continued implementation must be included in the annual General Appropriations Act.
  • The Commission must promulgate implementing rules and regulations within sixty (60) days from the Act’s effectivity.
  • The Act takes effect on July 1, 2013, after publication in two (2) newspapers of general circulation.

Separability, repeals, and passage details

  • If any provision is declared invalid or unconstitutional, the validity or constitutionality of the remaining provisions is not affected.
  • All laws, presidential decrees, executive orders, resolutions, rules and regulations, or parts inconsistent with the Act are repealed, amended, or modified accordingly.
  • Republic Act No. 10366 was approved on February 15, 2013.
  • The Act consolidates Senate Bill No. 3287 and House Bill No. 5509 and was finally passed on December 19, 2012.
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