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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.
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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.
Sec. 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 obtained per precinct directly
produced
by the counting machine;
(e) Election
Returns - a document showing the date of the election, the
municipality
in which it is held, and other data, and containing the votes in words
and in figures for each candidate in a precinct;
(f) Statement
of Votes - a document containing detailed entries of the votes
obtained
by each candidate in each of the precincts in a municipality or in each
of the municipalities in a province;
(g) Municipal
Certificate of Canvass of Votes - a document containing the total
votes
in words and in figures obtained by each candidate in a municipality;
(h) Provincial
Certificate of Canvass of Votes - a document containing the total
votes
in words and in figures obtained by each candidate in a province;
(i) Computer
Set - a set of equipment containing regular components, i.e.,
monitor,
CPU, keyboard and printer;
(j) Central
Counting Center - a public place designated by the Commission where
counting of ballots and canvassing shall be conducted;
(k) Computerized
Election System - a system using electronic devices to count and
canvass
votes.
Sec. 3. Authority
to Pilot-Test a Computerized Election System. - To carry out the
above-stated
policy, the Commission on Elections, hereafter referred to as "Commission",
is hereby authorized to pilot-test a computerized system, hereafter
referred
to as "System", for the processes of voting, counting and
canvassing
of votes in the Autonomous Region in Muslim Mindanao (ARMM) Elections
in
March 1996.
Sec. 4. Features
of the System. - The System shall utilize appropriate technological
and electronic devices for voting, counting and canvassing of votes.
For
this purpose, the Commission shall acquire computer equipment, devices
and materials and adopt new forms and printing materials for official
ballots,
election returns, certificates of canvass and other election forms and
paraphernalia: Provided, That the Commission shall notify the
representatives
of political parties and cause the publication in two (2) newspapers of
general circulation of their adoption and actual use not later than
sixty
(60) days before election.
The System shall
contain the following features:
(a)
stand-alone
machine with built-in printer which can generate immediate results;
(b) use of
ballots;
(c) with
provisions
for audit trails;
(d) minimum
human intervention; and (e) adequate safeguards/security measures.
Sec. 5. Procurement
of Equipment and Materials. - Computer equipment, devices and
materials
needed to implement the latest in ballot printing, voting and automated
vote counting under the System for pilot-testing in the 1996 ARMM
Elections
and nationwide demonstrations shall be procured by the Commission from
local or foreign sources free from taxes and import duties and subject
to accounting and auditing rules and regulations, such as public
bidding,
after the approval of this Act.
Sec. 6. Public
Demonstration of the System. - The Commission shall conduct
nationwide
public demonstrations of the operation of the System and disseminate
pertinent
information materials all over the country, for the proper
understanding
of the System by the voters, the candidates, the political parties and
the public.
Sec. 7. Pilot-Test
of the System. - The Commission is hereby authorized for purposes
of
the Autonomous Region in Muslim Mindanao (ARMM) elections in 1996 to
pilot-test
the system. The Commission shall provide for a procedure whereby in the
event of a system breakdown, it shall revert to the existing manual
system
of counting and canvassing using a specially-designed ballot to
ascertain
the will of the people.
Sec. 8. Provisions
Governing Elections Using the System. - Except as herein provided,
the provisions of the Omnibus Election Code and other related laws
shall
apply to elections where ballots are to be counted by computerized
counting
machines.
Sec. 9. Examination
and Testing of Counting Machines. - Seven (7) working days before
the
election, the Commission shall, on a date and time it shall set and
with
proper notices to the political parties and candidates, allow them or
their
representatives to examine and test the machines to ascertain that the
machines are operating properly and accurately. Sample ballots for
testing
purposes shall be provided by the Commission. In the preparation of the
design of the official ballot, the representative of the majority party
and dominant minority party shall be present.
After the examination
and testing, the machines shall be locked and sealed by the Election
Officer
in the presence of the political parties and candidates or their
representatives.
The keys to the machine shall be placed in a sealed envelope and shall
be kept by the Election Officer. The machines shall be kept locked and
sealed and shall be opened again only at three o’ clock in the
afternoon
of election day before the counting of votes begins.
The parties
and candidates or their representatives may submit a written report to
the Commission through the Election Officer, immediately after the
examination
and testing of the machines.
Sec. 10. Official
Ballots. - The Commission shall prescribe the size and form of the
official ballots. The ballot shall contain the titles of positions to
be
filled and under each position, the names of candidates arranged
alphabetically
by their surnames. The names of the candidates shall be uniformly
printed
using the same type size for all names and appropriate spaces shall be
provided for substitution of candidates. Opposite the name of each
candidate,
there shall be a space provided for the voter to indicate his vote.
Where
necessary, both sides of the ballot may be used.
The ballot shall
contain watermarks, unique serial numbers and/or corresponding codes
and
such other security marks as the Commission may deem appropriate.
The official
ballots and other accountable election forms shall be printed
exclusively
by the National Printing Office and/or the Bangko Sentral ng Pilipinas
under proper security measures which the Commission shall provide.
Accredited
political parties and deputized citizens arms of the Commission may
assign
watchers in committees in charge of the printing, storage and
distribution
of official ballots.
The official
ballots shall be printed and distributed to each municipality at the
rate
of one ballot for every registered voter.
Sec. 11. Ballot
Box. - The Commission shall provide each Board of Election
Inspectors
with a special ballots box with safety features similar to the present
ballot box of such size as to accommodate the official ballots without
folding them. It shall be locked with padlocks and self-locking metal
seals
or any other safety devices that the Commission may prescribe.
Sec. 12. Manner
of Preparing the Ballots. - Before a voter is given a ballot for
voting,
the Board shall instruct him on how to accomplish the ballot.
Upon receipt
of the ballot from the Chairman of the Board, the voter shall go to a
vacant
voting booth to vote for the candidates of his choice.
If the voter
commits a mistake in filling the ballot, he should not try to correct
it,
or erase or cross out the name of the candidate already chosen.
Instead,
he shall return the ballot to the Board and ask for replacement. The
Board
shall mark the returned as "spoiled". A voter may replace his ballot
only
once.
After the voter
has voted, he shall personally drop his ballot into the ballot box. He
shall affix his thumbmark on the corresponding space in the voting
record
and the Chairman shall apply indelible ink on the right forefinger nail
of the voter.
The Commission
shall adopt measures necessary to ensure that the contents of the
ballot
are not exposed when the voter drops it inside the ballot box.
Sec. 13. Closing
the Polls. - After the close of the voting, the Board of Election
Inspectors
shall close the ballot box; lock and seal it and enter in the minutes
the
serial number of the metal seal used to seal the ballot box. The
Chairman
shall publicly announce that the votes will be counted at a designated
central counting center where the counting machines are located and
that
the ballot box containing the ballots and the other election documents
and paraphernalia shall be brought there for the counting of the votes.
These facts shall be entered in the minutes of the Board.
The members
of the Board shall transport the ballot box and retain custody thereof.
They shall remain at the central counting center until the official
ballots
from the precinct are counted.
Sec. 14. Designation
of Central Counting Centers. - The Commission shall designate a
central
counting center which shall be a public place within the municipality
or
within the province where the official ballots cast in various
precincts
of the municipality shall be counted and shall give notice thereof by
posting
prominently, for at least fifteen (15) days prior to election day, the
notice in the Office of the Election Officer, the bulletin boards at
the
municipal hall and in three (3) other conspicuous places in the
municipality.
Sec. 15. Counting
Procedure. - (a) The counting of votes shall be conducted in the
central
counting center within each municipality of province as designated by
the
Commission;
(b) The ballots
shall be counted by precinct in the order of their arrival at the
central
counting center. The Election Officer shall log the sequence of arrival
of the ballot boxes and indicate their condition. There after, the
Board
shall, in the presence of the watchers, open the ballot box, count the
number of ballots and verify if it tallies with the number of voters
who
voted as recorder in the List of Voters with Voting Records. If there
are
excess ballots, the Board shall proceed in the manner provided in
Section
207 of the Omnibus
Election Code;
(c) The Chairman
of the Board of Election Inspectors or any authorized member thereof
shall
then retrieve the valid ballots from the ballot box. Under the
supervision
of the Election Officer of the municipality, the Chairman of the Board
or any authorized member thereof shall feed the ballots one at a time
into
the machine without interruption until all the votes are counted. All
proceedings
shall be public: however, only the Election Officer authorized to
operate
the machine and the members of the Board of Election Inspectors of the
precinct the ballots of which are being counted may physically touch
the
ballots;
(d) After the
ballots of the precincts have been counted, the Chairman of the Board
of
Election Inspectors or any member thereof shall, in the presence of the
watchers, publicly read and announce the total number of votes obtained
by each candidate based on the tape printout. The Election Officer
shall
print four (4) copies of the results all of which shall be
authenticated
by him and the members of the Board of Election Inspectors. The tape
printout
shall be distributed as follows:
1. The
first copy to the Election Officer;
2. The
second copy to the authorized representative of the majority party;
3. The
third copy to the authorized representative of the dominant minority
party;
and
4. The
fourth copy to be deposited inside the ballot box.
(e) The ballots
shall then be returned to the ballot box, which shall be locked, sealed
and delivered to the municipal treasurer for safekeeping. The treasurer
shall immediately provide the Election Officer and the Commission with
a record of the serial numbers of the ballot boxes and corresponding
metal
seals.
Sec. 16. Custody
and Accountability of Ballots. - The Election Officer and the
Treasurer
of the municipality or province as deputy of the Commission shall have
joint custody and accountability of the official ballots, accountable
forms
and other election documents as well as ballot boxes containing the
official
ballots cast. The ballot boxes shall not be opened for three (3) months
unless the Commission orders otherwise.
Sec. 17. Election
Returns and Results. - The Election Officer shall personally print
out the election returns of each precinct from the data derived from
the
counting machine. The printed election returns shall be signed and
thumbmarked
by the members of the Board of Election Inspectors and attested to by
the
Election Officer and sealed in the presence of watchers of the majority
party and dominant minority party. The seven (7) copies of the election
returns shall be placed in the proper envelopes and distributed in
accordance
with law.
The Election
Officer shall consolidate the election returns containing the votes
obtained
by candidates and print out the Municipal Certificate of Canvass of
Votes.
The Municipal Certificate of Canvass, which shall be supported by the
Statement
of Votes by Precinct shall be prepared in seven (7) copies to be
distributed
in accordance with law.
Sec. 18. Certificate
of Canvass; Proclamation of Elected Candidates. - (a) After the
votes
cast in all municipalities have been electronically canvassed, the
Provincial
Board of Canvassers shall print out a Certificate of Canvass of the
votes
cast for candidates for regional offices. A certificate of Canvass and
Proclamation of the duly elected regional assemblymen in the
legislative
districts in the province shall also be prepared. The Certificate of
Canvass
and Proclamation shall be signed and thumbmarked by the corresponding
Provincial
Board of Canvassers and, whenever available, by the watchers of the
majority
party and dominant minority party.
(b) Each
Provincial Board of Canvassers shall prepare a diskette copy of the
Certificate
of Canvass of Votes cast for Regional Governor and Regional
Vice-Governor.
The Regional
Board of Canvassers shall canvass the Provincial Certificates of
Canvass
of Votes supported by the Statement of Votes by municipality prepared
by
the Provincial Board of Canvassers and on the basis thereof proclaim
the
winning candidates for Regional Governor and Regional Vice-Governor.
Sec. 19. Discrepancy
of Figures. - In case of discrepancy of figures contained in the
election
returns and in the tape printout, the tape printout shall prevail; if
the
certificate of canvass is in conflict with the election returns, the
latter
shall prevail. The tape printout and data diskette shall be preserved
in
the custody of the Election Officer.
Sec. 20. Supervision
and Control. - The System shall be under the exclusive supervision
and control of the Commission.
The Commission
shall take such steps as may be necessary for the acquisition,
installation,
administration, implementation and maintenance of equipment and devices
used to implement the System and promulgate the necessary rules and
regulations
for the effective implementation of this Act.
After the completion
of the nationwide demonstration and pilot-testing in the ARMM
Elections,
the Commission shall submit a report to the Senate and the House of
Representatives,
who may thereafter authorize the Commission to take such steps as may
be
necessary for the acquisition, installation and use of such equipment,
devices and systems in the election in such places in the country as
Congress
may authorize.
Sec. 21. Oversight
Committee. - An Oversight Committee is hereby created composed of
three
(3) representatives each from the Senate and the House of
Representatives
and three (3) from the Commission on Elections to monitor and evaluate
the implementation of this Act. A report to the Senate and the House of
Representatives shall be submitted within ninety (90) days from the
date
of election.
Sec. 22. General
Registration of Voters. - For purposes of pilot-testing in the 1996
ARMM Elections, a general registration of voters shall be conducted on
such dates to be fixed by the Commission. The voter registration
records
and list of voters used in the 1995 elections and prior thereto are
hereby
nullified. The final list of voters prepared during the general
registration
under this Act shall be computerized and completed sixty (60) days
before
election.
Sec. 23. Election
Offenses. - In addition to those enumerated in Section 261 of Batas
Pambansa Blg. 881, the following acts shall be penalized as
election
offenses, whether or not said acts effect the electoral process or
results:
(a) Utilizing
without authorization, tampering with, destroying or stealing:
(1)
official
ballots, election returns, statement of votes and certificates of
canvass
of votes used in the System; and
(2)
electronic
devices or their components, peripherals or supplies used in the
System,
such as: counting machine, memory pack/diskette, memory pack receiver,
tape printout, and computer set;
(b)
Interfering
with, impending, absconding for purposes of gain or preventing the
installation
or use of computer counting devices and the processing, storage,
generation
and transmission of election results, data or information; and
(c)
Gaining
or causing access to, using, altering, destroying, or disclosing any
computer
data, program, system software, network, or any computer-related
devices,
facilities, hardware or equipment, whether classified or declassified.
Sec. 24. Election
Protests. - The pertinent provisions of Batas
Pambansa Blg. 881 and other
election laws shall, whenever applicable, govern matters involving
election contest/protests.
Sec. 25.
Funding. - The amount necessary for the implementation of this Act
shall be charged against the current appropriations of the Commission
and
thereafter included in the General Appropriations Act. In case of
deficiency
in the funding requirements herein provided, such amount as may be
necessary
shall be augmented from the contingent fund in the General
Appropriations
Act.
Sec. 26. Separability
Clause. - If for any reason any section or provision of this Act,
or
any part thereof, or the application of such section, provision,
portion
is declared invalid or unconstitutional, the remainder thereof shall
not
be affected by such declaration.
Sec. 27. Repealing
Clause. - All laws, presidential decrees, executive orders, rules
and
regulations or parts thereof inconsistent with the provisions of this
Act
are hereby repealed or modified accordingly.
Sec. 28. Effectivity.
- This Act shall take effect fifteen (15) days after its
publication
in a newspaper of general circulation.
Approved:
07 June 1995.
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