Law Summary
Key Definitions
- Counting Machine: Optical scanning or equivalent advanced technology device counting ballots.
- Memory Pack/Diskette: Data storage device.
- Memory Pack Receiver: Machine that reads memory packs.
- Tape Printout: Printed tally of votes per candidate per precinct.
- Election Returns: Document showing votes for candidates in a precinct.
- Statement of Votes: Detailed vote counts by candidate per precinct or municipality.
- Certificates of Canvass (Municipal/Provincial): Total votes summary per candidate.
- Computer Set: Equipment including monitor, CPU, keyboard, printer.
- Central Counting Center: Public place for counting ballots and canvassing.
- Computerized Election System: Electronic vote counting and canvassing system.
Authorization to Pilot-Test
- The Commission on Elections (COMELEC) is authorized to pilot-test a computerized election system.
- Initial pilot in March 1996 elections in the ARMM region.
System Features
- Use of electronic devices for voting, counting, and canvassing.
- Acquisition of new computer equipment and new forms/ballots.
- Public notification to political parties and publication 60 days prior to election.
- Standalone machines with built-in printers.
- Use of ballots with provisions for audit trails.
- Minimal human intervention and robust security safeguards.
Procurement and Funding
- COMELEC to procure equipment from local or foreign sources tax/duty-free.
- Subject to public bidding and accounting rules.
Public Demonstration
- Nationwide public demonstrations to educate voters, candidates, and political parties on the system.
Pilot-Test Procedure
- In case of system failure in ARMM pilot, reversion to manual counting using specially designed ballots.
Application of Existing Laws
- Omnibus Election Code and related laws continue to apply unless otherwise provided.
Examination and Testing of Machines
- Machines examined/tested 7 working days before election in presence of political representatives.
- Machines locked/sealed after testing; keys secured.
- Machines opened only on election day before counting.
- Written reports of examination submitted to COMELEC.
Ballot Specifications
- Official ballots prescribed by COMELEC including candidate names in alphabetical order.
- Uniform printing with space for substitutions.
- Security features such as watermarks, serial numbers.
- Printed only by National Printing Office or Bangko Sentral ng Pilipinas under security measures.
- Accredited parties/deputized citizen arms may watch printing and distribution.
Ballot Boxes
- Special ballot boxes with safety features to hold ballots without folding.
- Locked with padlocks and self-locking metal seals or other safety devices.
Voting Procedure
- Voters instructed on ballot use before voting.
- Spoiled ballots may be replaced once; marked as "spoiled."
- Voter personally drops ballot into box, affixes thumbmark, and receives indelible ink on finger.
- Measures to prevent ballot exposure during deposit.
Closing of Polls
- After voting, ballot boxes locked, sealed, and documented.
- Public announcement of counting venue.
- Ballot boxes transported and custody retained by Board members.
Designation of Central Counting Centers
- COMELEC to designate central counting centers in municipalities/provinces.
- Notice posted 15 days before election.
Counting Procedure
- Ballots counted by precinct in order of arrival.
- Verification of ballot count against voter records; excess ballots dealt as per existing law.
- Ballots fed into machines supervised by officials; public proceedings.
- Results announced publicly; tape printouts produced and distributed to parties and election officers.
- Ballots returned and secured post counting.
Custody and Accountability
- Joint custody of ballots and election forms by Election Officer and Treasurer.
- Ballot boxes not opened for three months unless COMELEC orders otherwise.
Election Returns and Results
- Election returns printed from machine data, signed, sealed, and distributed in multiple copies.
- Consolidation into Municipal Certificates of Canvass.
Certificate of Canvass and Proclamation
- Provincial Board prepares and signs Provincial Certificates of Canvass.
- Regional Board canvasses provincial certificates and proclaims winning regional candidates.
Handling Discrepancies
- Tape printout prevails over election returns if figures differ.
- Election returns prevail over conflicting certificates of canvass.
- Tape printouts and data diskettes preserved by Election Officer.
Supervision and Control
- COMELEC exclusively supervises the system.
- Responsible for acquisition, installation, administration, maintenance.
- Authority to promulgate implementing rules.
- Report on pilot test to Congress; further nationwide use subject to congressional authorization.
Oversight Committee
- Committee composed of 3 members each from Senate, House, and COMELEC.
- Monitor and evaluate implementation.
- Report due 90 days after election.
Voter Registration
- General registration for the 1996 ARMM elections to be conducted by COMELEC.
- Previous voter lists nullified.
- Final computerized list completed 60 days before election.
Election Offenses
- Unauthorized use, tampering, destruction or theft of ballots, election documents, or election system electronic devices penalized.
- Interfering with installation/operation of computerized devices punishable.
- Unauthorized access or alteration of computer data or equipment penalized.
Election Protests
- Goverened by Batas Pambansa Blg. 881 and other relevant laws.
Funding
- Funded through COMELEC’s current appropriations and included in the General Appropriations Act.
- Deficiencies may be augmented from the contingent fund.
Separability Clause
- Invalidity of any provision does not affect the remainder of the law.
Repealing Clause
- All inconsistent laws, orders, and regulations are repealed or modified as needed.
Effectivity
- Takes effect 15 days after publication in a newspaper of general circulation.