ELECTION AUTOMATION LAW

Case Overview and Summary

Summary of Republic Act No. 8436 (Amended by RA 9369)

Declaration of Policy (Section 1)
- Ensure free, orderly, honest, peaceful and credible elections, and assure secrecy and sanctity of the ballot.

Definitions (Section 2)
- Defines terms like automated election system, counting machine, data storage device, computer set, national ballot, local ballot, Board of Election Inspectors, election returns, statement of votes, city/municipal/district/provincial certificate of canvass of votes, and counting center.

Authority to Use Automated Election System (Section 6)
- COMELEC is authorized to use an automated election system for voting, counting votes, and canvassing/consolidating results.
- For the May 11, 1998 elections, the system shall be applicable nationwide only for president, vice-president, senators, and party-list system.
- COMELEC can procure necessary supplies, equipment, materials, and services through expedited public bidding.

Features of the Automated Election System (Section 7)
- The system shall utilize appropriate technology for voting and electronic devices for counting votes and canvassing results.
- It shall have features like use of appropriate ballots, stand-alone counting machines, provisions for audit trails, minimum human intervention, and adequate security measures.
- Specifies 23 desired features of the system, including user-friendliness, built-in security, ballot quality standards, counting speed, fake ballot detection, and reporting capabilities.

Procurement of Equipment and Materials (Section 8)
- COMELEC shall procure automated counting machines, computer equipment, devices, and materials needed for ballot printing and voting, counting, and canvassing, free from taxes and import duties.

Systems Breakdown in Counting Center (Section 9)
- In case of systems breakdown, COMELEC can use available machines or components from another city/municipality, with approval and in the presence of representatives.

Examination and Testing of Counting Machines (Section 10)
- COMELEC shall allow political parties, candidates, and citizens' arms to examine and test the machines before the election.
- After testing, machines shall be locked and sealed until election day.

Official Ballot (Section 11)
- COMELEC shall prescribe the size and form of the official ballot, containing positions to be filled and candidates' names arranged alphabetically.
- Ballots shall be printed by the National Printing Office, Bangko Sentral ng Pilipinas, or private printers under security measures.
- Ballots shall have security features like serial numbers in magnetic ink, identification marks, and barcodes.
- Deadline for filing certificates of candidacy is 120 days before the election, except for the May 11, 1998 elections.

Substitution of Candidates (Section 12)
- In case of valid substitutions after printing ballots, votes for substituted candidates shall be considered votes for the substitutes.

Ballot Box (Section 13)
- There shall be a ballot box with safety features in each precinct.
- For the May 11, 1998 elections, there shall be two ballot boxes per precinct, one for national ballots and one for local ballots.

Procedure in Voting (Section 14)
- Voter shall be given a ballot, proceed to a voting booth, accomplish the ballot, and drop it in the ballot box.
- For the May 11, 1998 elections, each voter shall be given one national and one local ballot.

Closing of Polls (Section 15)
- After closing, the Board of Election Inspectors shall enter details in the minutes, seal the ballot box, and transport it to the designated counting center.
- For the May 11, 1998 elections, the national ballots shall be counted at a designated counting center.

Designation of Counting Centers (Section 16)
- COMELEC shall designate counting centers, which shall be public places within the city/municipality or other designated areas.
- For the May 11, 1998 elections, COMELEC shall designate central counting centers for national ballots.

Counting Procedure (Section 17)
- Counting of votes shall be public and conducted in the designated counting center(s).
- Ballots shall be counted by machine by precinct, with verification of ballot numbers and handling of excess ballots.
- For the May 11, 1998 elections, the national ballots shall be counted by the special members of the Board of Election Inspectors.

Election Returns (Section 18)
- After counting, results shall be stored in a data storage device, and election returns shall be printed and signed.
- Specifies the distribution of election returns copies for national and local elections.

Custody and Accountability of Ballots (Section 19)
- The election officer and city/municipal treasurer shall have joint custody and accountability of official ballots, forms, documents, and ballot boxes containing cast ballots.

Substitution of Chairman and Members of Board of Canvassers (Section 20)
- Provides the order of substitution for the chairman and members of the Board of Canvassers in case of non-availability, absence, disqualification, or incapacity.

Canvassing by Provincial, City, District and Municipal Boards of Canvassers (Section 21)
- Specifies the canvassing procedures for different levels of Boards of Canvassers, including consolidating results from data storage devices, printing certificates of canvass, and proclaiming elected officials.

Number of Copies of Certificates of Canvass and Distribution (Section 22)
- Specifies the number of copies of certificates of canvass to be printed and their distribution for national and local elections.

National Board of Canvassers for Senators (Section 23)
- The COMELEC en banc shall compose the national board of canvassers for senators, consolidating results from district, provincial, and city boards of canvassers and proclaiming winning senators.

Congress as National Board of Canvassers for President and Vice-President (Section 24)
- The Senate and House of Representatives in joint public session shall compose the national board of canvassers for president and vice-president, consolidating results and proclaiming the winning candidates.

Voters' Education (Section 25)
- COMELEC, together with accredited citizens' arms, shall carry out a continuing campaign to educate the public about the automated election system.

Supervision and Control (Section 26)
- The automated election system shall be under the exclusive supervision and control of COMELEC.
- An information technology department shall be created in COMELEC to administer and implement the system.

Oversight Committee (Section 27)
- An Oversight Committee composed of representatives from the Senate, House of Representatives, and COMELEC shall monitor and evaluate the implementation of the Act.
- The committee may hire consultants and shall submit a report within 90 days from the election date.

Designation of Other Dates for Pre-Election Acts (Section 28)
- If it is no longer reasonably possible to observe prescribed periods and dates for certain pre-election acts, COMELEC shall fix other periods and dates.

Election Offenses (Section 29)
- Enumerates additional acts that shall be penalized as election offenses, including unauthorized use, tampering, destruction, or stealing of official ballots, election returns, certificates of canvass, electronic devices, and computer data.

Applicability (Section 30)
- Provisions of the Omnibus Election Code and other election laws not inconsistent with this Act shall apply.

Rules and Regulations (Section 31)
- COMELEC shall promulgate rules and regulations for the implementation and enforcement of this Act, including measures to address difficulties and confusions brought about by the two-ballot system.

Appropriations (Section 32)
- The amount necessary to carry out the provisions of this Act shall be charged against the current year's appropriations of COMELEC.
- Thereafter, necessary sums shall be included in the annual General Appropriations Act.
- In case of deficiency, the amount shall be augmented from the current contingent fund.

Separability Clause (Section 33)
- If any section or provision of this Act is declared invalid or unconstitutional, the remainder shall not be affected.

Repealing Clause (Section 34)
- All laws, presidential decrees, executive orders, rules and regulations inconsistent with this Act are repealed or modified accordingly.

Effectivity (Section 35)
- This Act shall take effect 15 days after its publication in a newspaper of general circulation.