Amending RA No. 9189 on Overseas Absentee Voting

Definitions

Key terms defined include:

Certified List of Overseas Voters (CLOV): list of approved overseas voters by country and post.
Commission: Commission on Elections (COMELEC).
Day of Election: actual election date in the Philippines.
Department of Foreign Affairs Overseas Voting Secretariat (DFA-OVS): assists OFOV and coordinates DFA involvement.
Field and Mobile Registration: registration methods at designated locations or outreach activities.
Municipal/City/District Registry of Overseas Voters (ROV) and National Registry of Overseas Voters (NROV): consolidated lists of overseas voters.
Office for Overseas Voting (OFOV): office supervising overseas voting implementation.
Overseas Voter: qualified Filipino citizen abroad on election day.
Posts: Philippine embassies, consulates, and other offices abroad.
Resident Election Registration Board (RERB): board processing overseas voter applications.
Seafarers: maritime workers as defined by relevant rules.
Special Ballot Reception Group, Special Boards: bodies organizing ballot receipt, voting, counting, and canvassing.

Coverage

All Filipino citizens abroad 18 years or older on election day, not disqualified by law, can vote for national positions and in national referenda.

Disqualifications

Disqualified voters include:

Those who lost or renounced Philippine citizenship, except under RA 9225.
Convicted criminals serving sentences of at least one year, with disqualification lasting 5 years post sentence.
Persons declared insane or incompetent unless certified otherwise.

Registration Procedures

Registration and certification must be done personally at posts or designated centers.
Registration involves live biometric capture.
Overseas voter ID cards will be issued upon approval.
Field and mobile registration centers ensure accessibility.

Resident Election Registration Board (RERB)

Composed of DFA official (Chairperson), senior DOLE or government official, and a registered overseas voter.
Members must not be related within the fourth degree to high-ranking officials.
Members receive honorarium as approved by DBM.
Duties include posting application info, hearing applications, notifying parties, preparing approved lists, deactivating records, and other related tasks.

Petitions and Challenges

Petition for exclusion can be filed 180 days before voting.
Motion for reconsideration for disapproved applications within 5 days.
Petition for inclusion within 10 days of denial of reconsideration.
Court decisions must be made within specific periods or RERB rulings are affirmed.

Transfer of Registration

Application for transfer must be filed 180 days before overseas voting.
Those voting in the Philippines must register locally.
Notification to cancel overseas registration required when transferring back.

Continuing Registration

Registration continues post-elections using existing government and private agency facilities.
Pre-departure orientations include information on voting rights.

Registration Requirements

Valid Philippine passport or DFA certification.
Accomplished registration form.
For reacquisition applicants under RA 9225, relevant documents must be presented.
Additional data may be requested but limited to identity and qualification.

National and Local Registries

COMELEC maintains the National Registry of Overseas Voters (NROV) and local registries (ROV).
Municipalities and cities receive respective registries.

Deactivation of Registration

RERB can deactivate registrations for:

Final conviction with imprisonment of at least one year.
Being declared insane or incompetent.
Failure to vote in two consecutive national elections.
Court-ordered exclusions.
Annotations must be made in relevant registries.

Notification of Election

COMELEC shall publish election schedules and participation requirements 6 months before registration filing.
Publications depend on overseas Filipino populations per country.
Information also posted on COMELEC and DFA websites.

Reactivation and Cancellation

Reactivation applications can be filed up to 120 days before voting if grounds for deactivation no longer exist.
Cancellation occurs for deceased voters or those proven to have lost citizenship.

Correction of Registry Entries

Applications for name corrections or changes must be filed 90 days before voting.
RERB must resolve within one month or application deemed approved.

Preparation and Distribution of Voters List

CLOV must be prepared 90 days before voting and posted within 10 days on bulletin boards and websites.
Candidates, parties, and accredited citizens' arms may obtain copies for a fee; NGOs exempted.

Printing and Transmittal of Ballots and Materials

Ballots must not exceed number of approved applicants.
Security markings required.
Political party representatives may inspect materials before transmittal.
Ballots sent at least 45 days before election to posts.

Regulation on Campaigning Abroad

Philippine election laws on personal campaigning, materials, and spending apply.
Campaigning abroad prohibited during the 30-day overseas voting period.

Voting Methods and Guidelines

Voting may be personal, by mail, or other methods as determined by COMELEC.
Voting mode per country announced 120 days before voting period.

Casting and Submission of Ballots

Voting period is 30 days before election day.
Voters must fill ballots personally in secrecy at designated posts or polling places.
Voter ID or other sufficient documents required to vote.
Posts keep detailed records of ballots issued and received.
Unclaimed or returned ballots canceled and sent to COMELEC.
Ballots counted only if received before close of voting.
Special Ballot Reception and Custody Group oversees ballot handling.

Voting by Mail

Overseas voters send accomplished ballots to corresponding posts.
Ballots must be received before voting closes to be counted.
Late ballots canceled and disposed with reporting to COMELEC.

Voting Privilege for Election Staff Abroad

Government employees performing election duties abroad may vote at their post if registered.

On-Site Counting and Canvassing

Special Board of Election Inspectors (SBEI) conduct vote counting.
Composed of Chairperson (ambassador or consul-general or designated official) and two members.
Special Board of Canvassers (SBOC) canvasses election returns.
Results transmitted electronically to COMELEC and parties.
Returns for President and Vice-President deemed certificates of canvass.

Authority to Explore Automated Election Systems

COMELEC may adopt more efficient and secure voting systems including electronic and internet-based technologies.
Reports submitted to a Joint Congressional Oversight Committee.

Procurement Authority

COMELEC may acquire necessary equipment, hardware, software, and services locally or abroad, tax and duty free, subject to procurement laws.

Establishment of OFOV and DFA-OVS

OFOV established within COMELEC to supervise overseas voting.
DFA-OVS created within DFA to assist OFOV and manage DFA participation.
Secretariats drawn from existing personnel.

Information Campaign

COMELEC to conduct voter education campaigns in coordination with relevant agencies.
All information materials require COMELEC approval.

Assistance from Government Agencies

Various government agencies to assist COMELEC in implementation.
Election-related consular and diplomatic services are free to overseas voters.

Security Measures

COMELEC ensures ballot secrecy and integrity at all stages.
Enables candidate and NGO representation to prevent fraud.
Restrictions on transfer/promotion of foreign service officers one year before and three months after election without COMELEC approval.

Prohibited Acts and Penalties

Includes:

Influence over voters by government officials prohibited.
Providing false information for registration or voting.
Tampering with ballots, election materials.
Refusal of deputized agents to serve.
Unauthorized preparation or distribution of election information.
Political activity prohibited during 30-day overseas voting period.
Non-citizens barred from participation.
Penalties are those under the Omnibus Election Code, including imprisonment and perpetual disqualification for officers and candidates.

Joint Congressional Oversight Committee

Composed of Senate and House members.
Monitors and evaluates Act's implementation.

Appropriations

Funds included in annual budgets of COMELEC and DFA.

Rules and Regulations

COMELEC to promulgate implementing rules within 60 days from effectivity.
Coordination with various government agencies and civil society.

Declaration of Policy

The State ensures an honest and orderly overseas voting system safeguarding ballot secrecy and equal opportunity.

Separability and Repealing Clauses

Unconstitutional provisions severable without affecting the rest.
Inconsistent laws and regulations repealed or modified accordingly.

Effectivity

The Act takes effect 15 days after publication in the Official Gazette or newspapers of general circulation.