REPUBLIC ACT No. 8046
AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO CONDUCT A NATIONWIDE DEMONSTRATION OF A COMPUTERIZED ELECTION SYSTEM AND PILOT-TEST IT IN THE MARCH 1996 ELECTIONS IN THE AUTONOMOUS REGION IN MUSLIM MINDANAO (ARMM) AND FOR OTHER PURPOSES
Section 1. Declaration of Policy. - It is the policy of the State to ensure free, orderly, honest, fair and credible elections, and ensure the secrecy and sanctity of the ballot in order that the citizenry shall be assured that the results of elections, plebiscites, referenda and other electoral exercises are truly reflective of their will.
Section 2. Definition of Terms. - As used in this Act, the following terms shall mean:
a) Counting Machine a machine that uses optical scanning/mark sense reading device or any similar advanced technology to count ballots;
b) Memory Pack/Diskette - a device used to store data;
c) Memory Pack Receiver - a dedicated machine that reads memory packs;
d) Tape Printout - an adding machine-like tape containing the names of all candidates and the corresponding votes...
Details
Amends
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Amended by
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Republic Acts
An Act Authorizing the Commission on Elections to Conduct a Nationwide Demonstration of a Computerized Election System and Pilot-Test It in the March 1996 Elections in the Autonomous Region in Muslim Mindanao (ARMM) and for Other Purposes
Republic Act No. 8046
Summary:
Declaration of Policy (Section 1)
- Ensure free, orderly, honest, fair and credible elections, and secrecy and sanctity of the ballot.
Definitions (Section 2)
- Defines terms like counting machine, memory pack/diskette, tape printout, election returns, statement of votes, certificates of canvass, computer set, central counting center, and computerized election system.
Authority to Pilot-Test (Section 3)
- The Commission on Elections (COMELEC) is authorized to pilot-test a computerized election system for voting, counting and canvassing in the 1996 ARMM elections.
Features of the System (Section 4)
- The system shall utilize electronic devices for voting, counting and canvassing.
- COMELEC shall acquire necessary equipment, devices and materials.
- The system shall have the following features:
• Stand-alone machine with built-in printer for immediate results
• Use of ballots
• Provisions for audit trails
• Minimum human intervention
• Adequate safeguards/security measures
Procurement of Equipment and Materials (Section 5)
- COMELEC shall procure computer equipment, devices and materials needed for ballot printing, voting and automated counting, free from taxes and import duties.
Public Demonstration (Section 6)
- COMELEC shall conduct nationwide public demonstrations of the system and disseminate information materials.
Pilot-Test (Section 7)
- COMELEC is authorized to pilot-test the system in the 1996 ARMM elections.
- Provision for reverting to manual counting in case of system breakdown.
Provisions Governing Elections (Section 8)
- Except as provided, the Omnibus Election Code and other related laws shall apply.
Examination and Testing of Counting Machines (Section 9)
- 7 working days before the election, COMELEC shall allow parties and candidates to examine and test the machines.
- After testing, machines shall be locked and sealed by the Election Officer.
Official Ballots (Section 10)
- COMELEC shall prescribe the size and form of official ballots.
- Ballots shall contain watermarks, serial numbers, security marks.
- Ballots shall be printed by National Printing Office and/or Bangko Sentral ng Pilipinas.
- One ballot for every registered voter shall be printed and distributed.
Ballot Box (Section 11)
- COMELEC shall provide each Board of Election Inspectors with a special ballot box with safety features.
Manner of Preparing the Ballots (Section 12)
- Voter shall be instructed on how to accomplish the ballot.
- Voter can replace a spoiled ballot only once.
- After voting, voter shall drop ballot into the ballot box and have their right forefingernail marked with indelible ink.
Closing the Polls (Section 13)
- After voting, the ballot box shall be closed, locked and sealed.
- The Board of Election Inspectors shall transport the ballot box to the central counting center.
Designation of Central Counting Centers (Section 14)
- COMELEC shall designate central counting centers where counting and canvassing shall be conducted.
- Notice shall be posted at least 15 days prior to election day.
Counting Procedure (Section 15)
- Counting shall be conducted at the central counting center.
- Ballots shall be counted by precinct in order of arrival.
- Ballots shall be fed into the machine one at a time.
- Tape printouts shall be distributed to parties and deposited in the ballot box.
- Ballots shall be returned to the ballot box and delivered to the municipal treasurer.
Custody and Accountability of Ballots (Section 16)
- The Election Officer and Municipal Treasurer shall have joint custody and accountability of ballots, forms and documents.
- Ballot boxes shall not be opened for 3 months unless ordered by COMELEC.
Election Returns and Results (Section 17)
- Election Officer shall print out election returns from the counting machine data.
- Election returns shall be signed, sealed and distributed.
- Municipal Certificate of Canvass of Votes shall be prepared and distributed.
Certificate of Canvass; Proclamation (Section 18)
- Provincial Board of Canvassers shall print out Certificate of Canvass for regional offices.
- Regional Board of Canvassers shall canvass Provincial Certificates and proclaim winning candidates for Regional Governor and Vice-Governor.
Discrepancy of Figures (Section 19)
- In case of discrepancy, the tape printout shall prevail over election returns, and election returns shall prevail over certificate of canvass.
Supervision and Control (Section 20)
- The system shall be under COMELEC's exclusive supervision and control.
- COMELEC shall take necessary steps for acquisition, installation, administration and maintenance of the system.
- After pilot-testing, COMELEC shall submit a report to Congress.
Oversight Committee (Section 21)
- An Oversight Committee composed of representatives from Senate, House of Representatives and COMELEC shall monitor and evaluate implementation.
- A report shall be submitted within 90 days from the date of election.
General Registration of Voters (Section 22)
- For pilot-testing, a general registration of voters shall be conducted on dates fixed by COMELEC.
- Previous voter registration records are nullified.
- Final list of voters shall be computerized and completed 60 days before election.
Election Offenses (Section 23)
- Unauthorized utilization, tampering, destroying or stealing of official ballots, election returns, devices or components used in the system shall be penalized.
- Interfering with, impeding or preventing the installation or use of computer counting devices shall be penalized.
- Gaining unauthorized access, using, altering, destroying or disclosing computer data, programs or devices used in the system shall be penalized.
Election Protests (Section 24)
- Provisions of Batas Pambansa Blg. 881 and other election laws shall govern election contest/protests.
Funding (Section 25)
- Funding shall be charged against current COMELEC appropriations and included in the General Appropriations Act.
- Deficiency shall be augmented from the contingent fund.
Separability Clause (Section 26)
- If any part of the Act is declared invalid or unconstitutional, the remainder shall not be affected.
Repealing Clause (Section 27)
- All laws, orders, rules and regulations inconsistent with this Act are repealed or modified accordingly.
Effectivity (Section 28)
- This Act shall take effect 15 days after publication in a newspaper of general circulation.
Declaration of Policy (Section 1)
- Ensure free, orderly, honest, fair and credible elections, and secrecy and sanctity of the ballot.
Definitions (Section 2)
- Defines terms like counting machine, memory pack/diskette, tape printout, election returns, statement of votes, certificates of canvass, computer set, central counting center, and computerized election system.
Authority to Pilot-Test (Section 3)
- The Commission on Elections (COMELEC) is authorized to pilot-test a computerized election system for voting, counting and canvassing in the 1996 ARMM elections.
Features of the System (Section 4)
- The system shall utilize electronic devices for voting, counting and canvassing.
- COMELEC shall acquire necessary equipment, devices and materials.
- The system shall have the following features:
• Stand-alone machine with built-in printer for immediate results
• Use of ballots
• Provisions for audit trails
• Minimum human intervention
• Adequate safeguards/security measures
Procurement of Equipment and Materials (Section 5)
- COMELEC shall procure computer equipment, devices and materials needed for ballot printing, voting and automated counting, free from taxes and import duties.
Public Demonstration (Section 6)
- COMELEC shall conduct nationwide public demonstrations of the system and disseminate information materials.
Pilot-Test (Section 7)
- COMELEC is authorized to pilot-test the system in the 1996 ARMM elections.
- Provision for reverting to manual counting in case of system breakdown.
Provisions Governing Elections (Section 8)
- Except as provided, the Omnibus Election Code and other related laws shall apply.
Examination and Testing of Counting Machines (Section 9)
- 7 working days before the election, COMELEC shall allow parties and candidates to examine and test the machines.
- After testing, machines shall be locked and sealed by the Election Officer.
Official Ballots (Section 10)
- COMELEC shall prescribe the size and form of official ballots.
- Ballots shall contain watermarks, serial numbers, security marks.
- Ballots shall be printed by National Printing Office and/or Bangko Sentral ng Pilipinas.
- One ballot for every registered voter shall be printed and distributed.
Ballot Box (Section 11)
- COMELEC shall provide each Board of Election Inspectors with a special ballot box with safety features.
Manner of Preparing the Ballots (Section 12)
- Voter shall be instructed on how to accomplish the ballot.
- Voter can replace a spoiled ballot only once.
- After voting, voter shall drop ballot into the ballot box and have their right forefingernail marked with indelible ink.
Closing the Polls (Section 13)
- After voting, the ballot box shall be closed, locked and sealed.
- The Board of Election Inspectors shall transport the ballot box to the central counting center.
Designation of Central Counting Centers (Section 14)
- COMELEC shall designate central counting centers where counting and canvassing shall be conducted.
- Notice shall be posted at least 15 days prior to election day.
Counting Procedure (Section 15)
- Counting shall be conducted at the central counting center.
- Ballots shall be counted by precinct in order of arrival.
- Ballots shall be fed into the machine one at a time.
- Tape printouts shall be distributed to parties and deposited in the ballot box.
- Ballots shall be returned to the ballot box and delivered to the municipal treasurer.
Custody and Accountability of Ballots (Section 16)
- The Election Officer and Municipal Treasurer shall have joint custody and accountability of ballots, forms and documents.
- Ballot boxes shall not be opened for 3 months unless ordered by COMELEC.
Election Returns and Results (Section 17)
- Election Officer shall print out election returns from the counting machine data.
- Election returns shall be signed, sealed and distributed.
- Municipal Certificate of Canvass of Votes shall be prepared and distributed.
Certificate of Canvass; Proclamation (Section 18)
- Provincial Board of Canvassers shall print out Certificate of Canvass for regional offices.
- Regional Board of Canvassers shall canvass Provincial Certificates and proclaim winning candidates for Regional Governor and Vice-Governor.
Discrepancy of Figures (Section 19)
- In case of discrepancy, the tape printout shall prevail over election returns, and election returns shall prevail over certificate of canvass.
Supervision and Control (Section 20)
- The system shall be under COMELEC's exclusive supervision and control.
- COMELEC shall take necessary steps for acquisition, installation, administration and maintenance of the system.
- After pilot-testing, COMELEC shall submit a report to Congress.
Oversight Committee (Section 21)
- An Oversight Committee composed of representatives from Senate, House of Representatives and COMELEC shall monitor and evaluate implementation.
- A report shall be submitted within 90 days from the date of election.
General Registration of Voters (Section 22)
- For pilot-testing, a general registration of voters shall be conducted on dates fixed by COMELEC.
- Previous voter registration records are nullified.
- Final list of voters shall be computerized and completed 60 days before election.
Election Offenses (Section 23)
- Unauthorized utilization, tampering, destroying or stealing of official ballots, election returns, devices or components used in the system shall be penalized.
- Interfering with, impeding or preventing the installation or use of computer counting devices shall be penalized.
- Gaining unauthorized access, using, altering, destroying or disclosing computer data, programs or devices used in the system shall be penalized.
Election Protests (Section 24)
- Provisions of Batas Pambansa Blg. 881 and other election laws shall govern election contest/protests.
Funding (Section 25)
- Funding shall be charged against current COMELEC appropriations and included in the General Appropriations Act.
- Deficiency shall be augmented from the contingent fund.
Separability Clause (Section 26)
- If any part of the Act is declared invalid or unconstitutional, the remainder shall not be affected.
Repealing Clause (Section 27)
- All laws, orders, rules and regulations inconsistent with this Act are repealed or modified accordingly.
Effectivity (Section 28)
- This Act shall take effect 15 days after publication in a newspaper of general circulation.