AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO ESTABLISH PRECINCTS ASSIGNED TO ACCESSIBLE POLLING PLACES EXCLUSIVELY FOR PERSONS WITH DISABILITIES AND SENIOR CITIZENS

Case Overview and Summary

Summary of Republic Act No. 10366:

Declaration of Policy (Section 1):
- The State shall ensure that persons with disabilities and senior citizens can exercise their right to political participation without discrimination.
- The State shall design systems and procedures to enable persons with disabilities and senior citizens to register and vote by themselves.

Definitions (Section 2):
- Defines key terms such as "persons with disabilities", "senior citizens", "electoral processes", "assistance", "discrimination on the basis of disability", "universal design", "satellite registration", "special registration", and "accessible polling place".

Right to Participation in Electoral Processes (Section 3):
- The State shall guarantee the political rights of persons with disabilities and senior citizens, in line with the concept of universal design, by:
• Ensuring that voting procedures, facilities, and materials are appropriate, accessible, and easy to understand and use. (Section 3a)
• Protecting the right to vote by secret ballot without intimidation, facilitating the use of assistive and new technologies where appropriate. (Section 3b)
• Guaranteeing the free expression of the right of suffrage, allowing assistance in voting by a person of their own choice. (Section 3c)

Duty of the Commission to Render Assistance (Section 4):
- The Commission on Elections (COMELEC) shall render appropriate assistance to persons with disabilities and senior citizens, in coordination with government agencies and civil society organizations.

Record of Persons with Disabilities and Senior Citizens (Section 5):
- COMELEC shall keep an updated record of registered voters with disabilities and senior citizens, indicating their types of disability and assistance needed.
- The record shall be accessible to concerned government offices, accredited citizens' arms, civil society monitoring groups, and organizations promoting the rights of persons with disabilities and senior citizens, subject to guidelines to protect privacy.

Registration and Updating of Records (Section 6):
- COMELEC shall ensure that registration forms allow persons with disabilities and senior citizens to indicate their type(s) of disability and assistance needed.
- Previously registered individuals can update their records to indicate their disability and assistance needed during registration periods.

Assistance in Accomplishment of Application Form (Section 7):
- A person with disability or senior citizen who cannot accomplish the application form due to illiteracy or physical disability shall be assisted by the Election Officer, a member of an accredited citizens' arm, a relative within the fourth civil degree, or a person of their confidence from the same household.

Satellite and Special Registration (Section 8):
- COMELEC, in coordination with government agencies, local government units, persons with disability and senior citizen organizations, and other groups, shall conduct satellite and/or special registration for persons with disabilities and senior citizens in accessible places.

Creation of Precincts for Persons with Disabilities and Senior Citizens (Section 9):
- COMELEC is authorized to establish non-territorial precincts exclusively for persons with disabilities and senior citizens who manifest their intent to avail of this right.
- At least one (1) such precinct, assigned to accessible polling places, shall be established for every voting center.
- These precincts shall be provided with assistive devices and services of experts in assisting persons with disabilities.

Ballot Design (Section 10):
- In designing the ballot, COMELEC shall ensure reasonable accommodation to enable persons with disabilities and senior citizens to accomplish the ballots by themselves.

Assistance in Accomplishment of the Ballot (Section 11):
- A person with disability or senior citizen who is illiterate or physically unable to prepare the ballot may be assisted by a relative within the fourth civil degree, a person of their confidence from the same household, a personal assistant, caregiver, nurse, or a member of the Board of Election Inspectors (BEIs).
- The assistor shall bind himself/herself under oath to fill out the ballot strictly according to the voter's instructions and not reveal its contents.
- Except for BEI members, no assistor can assist more than three (3) times. Violation constitutes an election offense punishable under Section 262 of the Omnibus Election Code.

Sensitivity Training Program (Section 12):
- COMELEC, in coordination with the National Council on Disability Affairs (NCDA), the Commission on Human Rights (CHR), and persons with disability and senior citizen organizations, shall organize and implement sensitivity trainings for persons performing electoral duties, including COMELEC field officers, BEI members, and accredited citizens' arms.

Information Materials (Section 13):
- COMELEC shall ensure that information materials relating to electoral processes are appropriate and accessible to persons with disabilities and senior citizens.

Appropriations (Section 14):
- The initial funding shall be charged against the current year's appropriations or available savings of COMELEC.
- Thereafter, necessary funds shall be included in the annual General Appropriations Act.

Implementing Rules and Regulations (Section 15):
- COMELEC shall promulgate the implementing rules and regulations within sixty (60) days from the effectivity of this Act.

Separability Clause (Section 16), Repealing Clause (Section 17), and Effectivity Clause (Section 18) are also included.