AN ACT AMENDING THE ELECTION AUTOMATION LAW

Case Overview and Summary

Summary of Republic Act No. 9369 (Amending RA 8436)

Declaration of Policy and Definition of Terms (Sections 1-2)
- Ensure free, orderly, honest, peaceful, credible and informed elections through an automated election system (AES).
- Defines terms like AES, electronic transmission, official ballot, election returns, certificates of canvass, paper-based and direct recording electronic election systems, counting center, continuity plan, disabled voters, and source code.

Board of Election Inspectors and IT Support (Sections 3-5)
- At least one member of the Board of Election Inspectors (BEI) shall be IT-capable and trained by DOST to use the AES. (Section 3)
- Each board of canvassers shall be assisted by an IT-capable person authorized to operate the AES equipment. (Section 4)

Authority to Use AES and Minimum System Capabilities (Sections 6-7)
- The Commission on Elections (COMELEC) is authorized to use paper-based or direct recording electronic AES for voting, counting, canvassing, and transmitting results. (Section 6)
- The AES must have capabilities like security, accuracy, error recovery, integrity, voter-verified paper audit trail, auditability, election management system, accessibility, vote tabulating program, ballot counters, data retention, and access control. (Section 7)

Advisory Council and Technical Evaluation Committee (Sections 8-11)
- An Advisory Council composed of representatives from various sectors shall be convened to recommend the appropriate AES technology and provide advice and assistance. (Section 8)
- The Advisory Council shall have functions like recommending AES technology, participating in bidding and implementation processes, providing advice, and evaluating the AES. (Section 9)
- A Technical Evaluation Committee shall certify that the AES is operating properly, securely, and accurately based on field testing, audits, source code review, and continuity plan. (Sections 10-11)

Procurement, Continuity Plan, and Equipment Testing (Sections 12-14)
- COMELEC is authorized to procure supplies, equipment, and services for the AES, free from taxes and import duties. (Section 12)
- The AES shall include a continuity plan in case of system breakdown or delay. (Section 13)
- Political parties, candidates, and citizens' arms shall be allowed to examine and test the AES equipment before voting starts. (Section 14)

Official Ballot and Ballot Box (Sections 15-17)
- COMELEC shall prescribe the format of the electronic display or official ballot, with candidates arranged alphabetically. (Section 15)
- Official ballots shall be printed by the National Printing Office, Bangko Sentral ng Pilipinas, or private printers, with security features to prevent fake ballots. (Section 15)
- There shall be a ballot box with safety features in each precinct, where applicable. (Section 17)

Voting, Closing of Polls, and Counting Procedure (Sections 18-21)
- COMELEC shall prescribe the manner and procedure of voting, closing of polls, and counting of votes under the AES. (Sections 18-19, 21)
- Notice of designated counting centers shall be posted prominently, and no counting center shall be located within military, police, or law enforcement premises. (Section 20)

Election Returns and Electronic Transmission (Section 22)
- 30 copies of the election return shall be printed, signed, and distributed to various recipients, including political parties, citizens' arms, and media entities. (Section 22)
- Within one hour after printing, the precinct results shall be electronically transmitted to various recipients, including boards of canvassers, political parties, citizens' arms, and media entities. (Section 22)
- The electronically transmitted and digitally signed election results shall be considered official and used for canvassing and proclamation. (Section 22)

Canvassing by Boards of Canvassers (Sections 25-26)
- The city/municipal, district, and provincial boards of canvassers shall canvass the votes and prepare certificates of canvass for various positions. (Section 25)
- The certificates of canvass shall be produced in multiple copies and distributed to various recipients, including Congress, COMELEC, political parties, citizens' arms, and media entities. (Section 26)

National Board of Canvassers and Congress (Sections 27-28)
- COMELEC sitting en banc shall be the National Board of Canvassers for senators and party-list representatives. (Section 27)
- Congress, in joint public session, shall be the National Board of Canvassers for president and vice-president. (Section 28)

Random Manual Audit and Authentication (Sections 29-30)
- There shall be a random manual audit in one precinct per congressional district, and any difference between automated and manual counts shall initiate a manual count for affected precincts. (Section 29)
- The authenticity and due execution of certificates of canvass shall be determined based on specific criteria, including electronic signatures and certification procedures. (Section 30)

Stakeholder Education, Oversight Committee, and Prohibited Acts (Sections 31-35)
- COMELEC shall undertake a widespread stakeholder education and training program on the AES. (Section 31)
- A Joint Congressional Oversight Committee shall monitor and evaluate the implementation of the Act. (Section 33)
- Prohibited acts and penalties are specified, including unauthorized access, tampering, interference, and refusal to provide election returns to authorized parties. (Section 35)

Prosecution, Appropriations, and Repealing/Separability Clauses (Sections 36-47)
- COMELEC shall have the power to conduct preliminary investigations and prosecute election offenses. (Section 43)
- Appropriations for the AES and manual system are provided, with a maximum of ₱3 billion for the manual system. (Section 44)
- Separability and repealing clauses are included. (Sections 45-46)
- The Act shall take effect 15 days after publication in a newspaper of general circulation. (Section 47)