Title
Philippine Election Law of 1907
Law
Act No. 1582
Decision Date
Jan 9, 1907
The Philippine Election Law prohibits various actions such as distributing anonymous criticisms of candidates, tampering with election materials, hindering election officers, printing or distributing unauthorized ballots, obstructing or influencing voters, and disqualifying candidates for office, with corresponding punishments of imprisonment and fines.
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Definitions and General Provisions

  • "Board of inspectors" or "the board" refers to the election inspectors and poll clerk acting under a majority vote.
  • Includes the Municipal Board and Secretary of Manila in the scope when provincial boards or municipal councils are referenced.

Election Schedule and Terms of Office

  • Sets the first election for Delegates on July 30, 1907; subsequent elections every odd-numbered November.
  • Provincial governors and third members of provincial boards elected starting November 1907, serving from March 1908 to December 1909.
  • Municipal presidents, vice-presidents, and councilors elected on specified schedules with terms from one to four years.
  • Townships in Mindoro, Palawan, and Ilocos Sur are included as municipalities for Assembly Delegate elections.
  • The Governor-General may postpone elections for reasons including public calamity or sedition.
  • Elections are decided by plurality of votes.

Filling Vacancies and Special Elections

  • Vacancies in provincial offices filled by appointment from the Governor-General.
  • Municipal vacancies filled by provincial boards until next general election.
  • Special elections called by proclamation of the Governor-General for unfilled positions or other specified cases.
  • New municipalities require a special election to choose officials.
  • In case of repeated failure to elect, appointments may be made by the Governor-General or provincial board.

Composition and Apportionment of the Philippine Assembly

  • Assembly consists of 81 members apportioned among provinces based on population.
  • New provinces receive additional delegates based on population ratio (1 per 90,000 inhabitants).
  • Provinces with multiple delegates are divided into districts with roughly equal inhabitants.
  • Delegates enjoy parliamentary immunity except in cases of serious crimes.
  • Holding an Assembly office prohibits appointment to newly created or emolument-increased civil offices during the term.

Compensation and Expenses of Delegates

  • Delegates receive 20 pesos per day for days of Assembly sitting and actual travel expenses once per session.
  • The Assembly appoints a Recorder and staff with specified salary limits.
  • Executive Secretary manages legislative records.
  • Stationery expenses capped at 5,000 pesos for the first session.

Districts and Representation

  • Each district elects one Delegate, number per province capped as per section 5.
  • Detailed enumeration of districts for each province and municipalities composing each district.
  • Maps of districts to be prepared and posted publicly before elections.

Election Precincts

  • Every municipality must have at least one election precinct.
  • Municipal councils to divide precincts to have no more than 400 voters each; redistricting required if this number exceeded.
  • Precinct boundaries published and posted for public knowledge.

Polling Places Designation

  • Municipal councils designate centrally located suitable polling places per precinct at least 60 days before a general election.
  • No liquor sales, cockfighting, or sales booths near polling places on election or registration days.
  • Detailed description of booth sizes, lighting, guard rails, and arrangement to ensure voter privacy and election security.
  • Official copies of the Act posted conspicuously at polling places.

Prohibition of Liquor and Cockfighting Near Polling Places

  • Ban on selling intoxicating liquors within specified distances from polling places during election hours.
  • No cockfighting allowed on election days in any municipality.

Notice of Special Elections

  • Executive Secretary must notify provincial and municipal treasurers and secretaries of special election dates and offices to be filled.
  • Notices posted publicly in affected precincts.

Qualifications for Elective Office

  • Delegates must be qualified electors, at least 25 years old, and U.S. subjects.
  • Provincial officers must be qualified electors, residents for at least one year, and at least 25 years old.
  • Municipal officers must be qualified voters, residents for at least one year, at least 23 years old, and literate in Spanish, English, or local dialect.
  • Persons convicted of crimes punishable by two years or more imprisonment or disqualified by court sentence are ineligible.
  • Procedures to declare office vacant upon discovery of ineligibility.

Voter Qualifications

  • Male citizens 23 years or older, resident for 6 months in the municipality, not foreign nationals.
  • Three voter classes: former officials before Aug 13, 1898; property owners with property valued at 500 pesos or paying 30 pesos in taxes; language proficiency in Spanish or English.
  • Military personnel do not gain residency by stationing.

Voter Disqualifications

  • Delinquent in paying public taxes since Aug 13, 1898.
  • Deprivation of voting rights by court sentence.
  • Violation of oath of allegiance to U.S.
  • In arms or supporting rebellion against the U.S.
  • Insane or feeble-minded.
  • Provisions for amnesty and exceptions specified.

Appointment and Qualifications of Election Inspectors

  • Municipal council appoints three inspectors and one poll clerk per precinct.
  • Requirements for political party representation if parties exist with at least 30% vote.
  • Inspectors must be qualified electors, of good character, literate, not candidates for office.
  • Oath of office required.
  • Vacancies filled by municipal council.
  • Board of inspectors elects chairman among themselves.

Preservation of Order During Election

  • Inspection meetings must be public.
  • Inspectors authorized to maintain peace, open access, and enforce orders.
  • Can command peace officers to detain disorderly persons until adjournment without impeding voter rights.

Registry of Voters

  • Boards must hold four registration meetings per precinct.
  • Compile lists with detailed voter data including cedula number and residence.
  • Applicants must present cedula and take an oath affirming qualifications.
  • Opportunity for challenges and examination, with appeal rights to provincial board or court.
  • Final registry list publicized and required for voting eligibility.

Registry for Special Elections

  • Only one registration meeting held 10 days before special election.
  • Use previous general election list augmented by new qualified registrants.

Compensation of Election Officials

  • Inspectors and clerks paid fixed daily rates between two and five pesos.
  • Pay and election expenses borne by municipality.

Official Ballots

  • Single form of official ballot per precinct.
  • Ballot printed in Spanish and English with instructions.
  • Detailed specifications on size, folding, and markings.
  • Provision for replacement ballots if official supply fails.
  • Sample ballots posted publicly for voter instruction.

Conduct of Elections

  • Polls open from 7 AM to 5 PM.
  • Inspection boards meet before polls to prepare.
  • Ballot boxes inspected, sealed, and kept secure.
  • Only inspectors, poll clerks, necessary police, and voters inside guard rail.
  • Vigilance against vote solicitation or interference near polling places.
  • Up to six watchers representing opposing candidates allowed during counting.
  • Prohibition on premature disclosure of vote counts or voter identities.

Voting Procedures

  • Voters must announce name and residence; inspectors verify eligibility.
  • One ballot issued per qualified voter; voter marks ballot privately in voting booth.
  • Assistance allowed for disabled voters with oath.
  • Time limits on booth occupancy.
  • Spoiled ballots handled and recorded separately.
  • Ballots deposited in box by chairman without exposure.
  • Voting recorded on registry lists.

Challenge of Voters

  • Qualified voters can challenge offers to vote by unregistered or ineligible persons.
  • Challenged persons take additional oath denying vote buying or wagering.
  • Inspectors keep records of challenges and issue statements.

Counting Votes and Announcing Results

  • Counting conducted publicly immediately after polls close.
  • Procedures for handling excess or marked ballots.
  • Ballots read aloud and tallied by inspectors.
  • Statements of results prepared in quadruplicate and distributed.
  • Ballots and documents sealed and retained by municipal secretary for six months.
  • Oral proclamation of results at polling place.

Canvassing Votes

  • Provincial board canvasses votes for Assembly Delegates and provincial officers.
  • Missing statements procured; delays may lead to prosecution.
  • Certificates of election issued; Governor-General confirms elections unless contested.
  • In cases of tie, the Assembly or Philippine Commission has jurisdiction.
  • Municipal councils canvass votes for municipal offices; ties decided by lot.

Election Contests

  • The Assembly judges election of its members.
  • Other contests heard by Court of First Instance in the election district.
  • Contest motions must be filed within two weeks of election.
  • Courts have exclusive jurisdiction and can order recounts or special elections.
  • Bond and costs rules apply.
  • Registry list is conclusive evidence of voter qualifications.

Corrupt Practices

  • Prohibition on promising to secure appointment or election for others.
  • Prohibition on false representation or solicitation of money for elections.

Penalties for Officers

  • Inspectors and poll clerks guilty of registration or voting fraud face imprisonment or fines.
  • False counts, refusal to receive ballots, or destruction of election material penalized.
  • Election officers prohibited from revealing vote status before official announcement.
  • Disallowed examination or destruction of ballots punished.
  • Disqualification or assumption of office while ineligible penalized.
  • Public officials may not run for other offices except reelection.
  • Judges and certain officials barred from election interference.

General Penalties

  • Voting illegally or fraudulently punished by imprisonment or fine.
  • Bribery of election officers or voters punished by severe fines and imprisonment.
  • False oaths, refusal to take oath, or false registration penalized.
  • Interference with election process or voters punished.
  • Prohibition of anonymous defamatory publications about candidates.
  • Destruction o
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