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REPUBLIC
ACT NO. 8436
Election Modernization Act
AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO
USE AN AUTOMATED ELECTION SYSTEM IN THE MAY 11, 1998 NATIONAL OR
LOCAL ELECTIONS AND IN SUBSEQUENT NATIONAL AND LOCAL ELECTORAL EXERCISES,
PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES
Section 1. Declaration of policy. It is the policy of
the State to ensure free, orderly, honest, peaceful and credible
elections, and assure the secrecy and sanctity of the ballot in
order that the results of elections, plebiscites, referenda, and
other electoral exercises shall be fast, accurate and reflective
of the genuine will of the people.
Sec. 2. Definition of terms. As used in this Act, the
following terms shall mean:
- 1.
Automated election system - a system using appropriate technology
for voting and electronic devices to count votes and canvass/consolidate
results;
- 2.
Counting machine - a machine that uses an optical scanning/mark-sense
reading device or any similar advanced technology to count ballots;
- 3.
Data storage device - a device used to electronically store counting
and canvassing results, such as a memory pack or diskette;
- 4.
Computer set - a set of equipment containing regular components,
i.e., monitor, central processing unit or CPU, keyboard and printer;
- 5.
National ballot - refers to the ballot to be used in the automated
election system for the purpose of the May 11, 1998 elections.
This shall contain the names of the candidates for president,
vice-president, senators and parties, organizations or coalitions
participating under the party-list system.
This
ballot shall be counted by the counting machine;
- 6.
Local Ballot - refers to the ballot on which the voter will manually
write the names of the candidates of his/her choice for member
of the House of Representatives, governor, vice-governor, members
of the provincial board, mayor, vice-mayor, and members of the
city/municipal council. For the purpose of the May 11, 1998 elections,
this ballot will be counted manually;
- 7.
Board of Election Inspectors - there shall be a Board of Election
Inspectors in every precinct composed of three (3) regular members
who shall conduct the voting, counting and recording of votes
in the polling place.
For
the purpose of the May 11, 1998 elections, there shall be special
members composed of a fourth member in each precinct and a COMELEC
representative who is authorized to operate the counting machine.
Both shall conduct the counting and recording of votes of the
national ballots in the designated counting centers;
- 8.
Election returns - a machine-generated document showing the date
of the election, the province, municipality and the precinct in
which it is held and the votes in figures for each candidate in
a precinct directly produced by the counting machine;
- 9.
Statement of votes - a machine-generated document containing the
votes obtained by candidates in each precinct in a city/municipality;
- 10.
City/municipal/district/provincial certificate of canvass of votes
- a machine-generated document containing the total votes in figures
obtained by each candidate in a city/municipality/district/ province
as the case may be; and
- 11.
Counting center - a public place designated by the Commission
where counting of votes and canvassing/consolidation of results
shall be conducted.
Sec. 3. Qualifications, rights and limitations of the special
members of the Board of Election Inspectors. No person
shall be appointed as a special member of the board of election
inspectors unless he/she is of good moral character and irreproachable
reputation, a registered voter, has never been convicted of any
election offense or of any crime punishable by more than six (6)
months imprisonment or if he/she has pending against him/her an
information for any election offense or if he/she is related within
the fourth civil degree of consanguinity or affinity to any member
of the board of election inspectors or any special member of the
same board of Election Inspector or to any candidate for a national
position or to a nominee as a party list representative or his/her
spouse. The special members of the board shall enjoy the same rights
and be bound by the same limitations and liabilities of a regular
member of the board of election inspectors but shall not vote during
the proceedings of the board of election inspectors except on matters
pertaining to the national ballot.
Sec. 4. Duties and functions of the special members of
the Board of Election Inspectors.
- 1.
During the conduct of the voting in the polling place, the fourth
member shall:
- a.
accomplish the minutes of voting for the automated election
system in the precinct; and
- b.
ensure that the national ballots are placed inside the appropriate
ballot box;
- 2.
On the close of the polls, the fourth member shall bring the ballot
box containing the national ballots to the designated counting
center;
- 3.
Before the counting of votes, the fourth member shall verify if
the number of national ballots tallies with the data in the minutes
of the voting;
- 4.
During the counting of votes, the fourth member and the COMELEC
authorized representative shall jointly accomplish the minutes
of counting for the automated election system in the precinct;
- 5.
After the counting of votes, the fourth member and the COMELEC
authorized representative shall jointly:
- a.
certify the results of the counting of national ballots from
the precinct; and
- b.
bring the ballot box containing the counted national ballots
together with the minutes of voting and counting, and other
election documents and paraphernalia to the city or municipal
treasurer for safekeeping.
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