election automation law

8/21/2019 Election Automation Law

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SEMINAR ON ELECTION

LAW FOR RTC JUDGES


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Seminar objectives

Familiarize the judges with the Election Automation Law;

Have a working knowledge of the processes involved in thePrecinct Count Optical Scan (PCOS) Automated ElectionSystem (AES);

Understand the possible changes in the dynamics of electiondispute resolution under the PCOS AES;

Differentiate between acceptable and unacceptable pleadings

in election cases;


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Session 1THE ELECTION

AUTOMATION LAW

Seminar on Election Law

for RTC Judges


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At the end of the session, the participants

are expected to:

Be familiar with the Legal Framework ofPhilippine Elections;

Be familiar with the Legal Framework ofElection Automation (Rep. Act 9369, Rep. Act8436; BP 881; Rep. Act 8046

Understand the rationale behind theautomation of the May 2010 elections;


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Identify the key features of Rep. Act No.

9369 or the Election Automation Law; and

Identify the possible sources of disputes in

the implementation of the Election

Automation Law.


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Election includes

Registration of Voters

Candidates and Political Parties

Campaigns

Campaign Finance

Voting Counting

Canvassing

Certification or Proclamation of Winners

Election Dispute Resolution Prosecution of Violations of Election Laws

Election Management System


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What is new in this Election?

Counting of Votes by Optical Scanning Machines

Electronic Transmission of Results

From Precinct to MBOC/CBOC

From MBOC/CBOC to PBOC

From PBOC to Comelec and Congress

Electronic Consolidation of Results

Digitized Results of Elections as basis for proclaiming

winners

All other aspects of election, SAME AS BEFORE


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LEGAL FRAMEWORK OF

PHILIPPINE ELECTIONS


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The Constitution

Article II [sovereignty resides in the

people]

Article V [Suffrage]

Article VI [Legislative]

Article VII [Executive]

Article IX-C [Comelec] Article X [Local Government]


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International Agreements

UN Declaration on Human Rights Article 21. (1) Everyone has the right to take part in the

government of his country directly through freely chosenrepresentatives .(3) The will of the people shall be thebasis of the authority of government; this will shall be by

universal and equal suffrage and shall be held by secretvote or by equivalent free voting procedures

UN International Covenant on Civil andPolitical Rights

Article 25 Every citizen shall have the right. 2. To voteand to be elected at genuine periodic elections which shallbe by universal suffrage and shall be held by secret ballot,guaranteeing the free expression of the will of the electors.


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Major Election Statutes

BP Blg. 881 [1985]The Omnibus Election Code

RA 6646Electoral Reforms Law of 1987

RA 6735Initiative and Referendum Law

RA 7160Local Government Code

RA 7166Synchronized Election Law

RA 7941Party List Election Law


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Major Election Statutes

RA 80461995 Law on Computerized Elections and

Pilot Test in ARMM

RA 8189Voter Registration Act of 1995

RA 84361997 Automated Election Law RA 9006Fair Election Act

RA 9189The Overseas Absentee Voting Act of 2003

RA 9369The Automated Election Law of 2007

Other Laws on Election RAs 6679, 7647, 7887, 7890, 7904, 8045, 8173, 8295, 8746,

9164, 9340, etc.

Charter of LGUs


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Jurisprudence

Court Decisions on Elections as well as the Decision of

the various electoral tribunals


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COMELEC Issuances

General Instructions (GI)

To the Board of Election Inspectors (BEI)

To the Board of Canvassers (BOC)

Other Instructions Other Implementing Rules (On campaigning, campaign

finance, clustering of precincts, registration of voters,

etc.)

COMELEC Rules of Procedure


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Rules of Procedures

of Electoral Tribunals

PET, SET, HRET Rules of Procedures

SC Administrative Matter No. 07-04-15 (Rules of

Procedure in Election Contests before the Courts

involving Elective Municipal and Barangay Officials)


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LAWS ON AUTOMATED

ELECTIONS


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Past Laws on Automated

Elections PD 12961978 Election Code [Section 185 (j)] Prescribe the use or adoption of the latest technological and

electronic devices, taking into account the situation prevailing in

the area and the funds available for the purpose.

BP 881The Omnibus Election Code [Section 52(j)]

Prescribe the use or adoption of the latest technological and

electronic devices, taking into account the situation prevailing in

the area and the funds available for the purpose: Provided, That

the Commission shall notify the authorized representatives ofaccredited political parties and candidates in areas affected by

the use or adoption of technological and electronic devices not

less than thirty days prior to the effectivity of the use of such

devices.


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Past Election Laws .

RA 8046Nationwide Demonstration and Pilot Test of a

Computerized Election System in the March 1996 ARMM

Elections

Use of Paper Ballot Optical Scanning/Mark Reader System

Stand Alone Machine

Audit Trail

Centralized Count

Implemented in the 1996 Regional Election in the ARMM


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Past Election Laws

RA 8436 (before amendment by RA 9369)

Appropriate Technology for Voting

Electronic Device for Canvass

Use of appropriate ballots Stand alone machine which can count votes

Envisions Central Count

Audit Trail

For 1998, the system was intended to applyNationwide but only for National Offices. In

subsequent elections, COMELEC can implement

automated election on a nationwide basis/


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Past Election Laws.

RA 8436 cont.

Actually implemented only in the ARMM

Loong vs. COMELEC, et. al, G.R. No. 133676, April 14, 1999

ITFP, et. al. vs. COMELEC, et. al. G.R. No. 159139. January 13,

2004 [Mega Pacific Case] Brillantes vs.COMELEC, G.R. 163193, June 14, 2004


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Current Automated Election

Laws RA 8189Voter Registration Act of 1995, which

provides a Computerized Voters List

RA 9369

New Automated Election Law passed in January

2007

Basically amended the entirety of RA 8436

Implemented in the August 11, 2008 ARMMElections, using two systems, OMR and DRE


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REP. ACT NO. 9369


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Rep. Act No. 9369

Passed in January 2007 (5 months before the 2007Elections)

Amended RA 8436 [Sec. 1-30]

Amended BP 881, RA 6646, RA 7166 [Secs. 31- 40]

Primary Mandate is to authorize COMELEC to useautomated election system, whether paper-based [OMR]or direct recording electronic system [DRE]

Use of appropriate technology for voting, counting,consolidating, canvassing, and transmission of election

result [Sec. 2] Covers voting up to transmission and consolidation ofresults


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Principal Objectives of RA 9369

Ensure secrecy and sanctityof the ballot [Sec. 1]

Ensure transparent and credible process [Sec. 1]

Ensure fast and accurate results [Sec. 1]

Ensure that results are reflective of the peoples will[Sec.1]


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Types of Automated Election

System

Paper-Based Election System [Sec. 2]

a type of automated election system that usespaper

bal lots, records and counts votes, tabulates,

consolidates/canvasses and transmits electronically

the results of the vote count


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Direct Recording Electronic System [Sec. 2]

a type of automated election system that uses

electro nic bal lots, records votes by means of a

ballot display provided with a mechanical or electro-

optical component that can be activated by the voter,

processes data by means of computer programs,

records voting data and ballot images, and transmits

voting results electronically


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Choosing the AES

Factors to consider in choosing a system

Most suitable or appropriate technology [Sec. 1 and 5]

Demonstrated capability [Secs. 1 and 10]

Situation in the area [Sec. 1] Funding Availability [Sec. 1]


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Minimum requirement under the AES

Security against unauthorized access

Accuracy in recording, reading, transmission and

tabulation of votes Error recovery

System integrity

Voter Verified Paper Audit Trail

Auditability An election management system

Accessibility to illiterates and disabled voters


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Minimum requirement under the AES (Section

7)

Vote tabulating program for election, referendum orplebiscite;

Accurate ballot counters

Data retention provision

Provide for the safekeeping, storing and archiving ofphysical or paper resources used in the election process

Utilize or generate official ballots as defined in the law

Provide the voter a system of verification to find outwhether or not the machine has registered their

choice; and Configured access control for sensitive system data andfunctions.


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Other Requirements under the AES

Secure transmission lines [Sec. 8]

Continuity Plan or Back Up Plans [Sec. 11]

Random Manual Audit [Sec. 24]

Education of Stakeholders [Sec 27]

Field Testing and Mock Elections [Sec. 9 and 12]

Source Code Review [Sec. 12]


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Basic Features of the AES

Ballots may be paper ballots or electronic ballots [Sec.

2]

Official Ballots refer to paper ballots, whether printed or

generated by machines [Sec. 2]

Surnames of Candidates arranged alphabetically

[Sec. 13]

Fixed space on the ballot for signing

and/authentication by the BEI Chair [Sec. 13]

Printed either by the NPO or the BSP [Sec. 13]

Must contain bar codes, holograms, etc as safe

guards [Sec. 13]


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Election Returns (ER) consist of printed and electroniccopies [Sec. 2]

30 printed copies of ERs allocated to designated

recipients, and an additional 30 copies can be requested

[Sec. 19] Each copy to be signed and thumb marked by BEI

members and watchers [Sec. 19]

One copy to be posted near the polling place for 48

hours [Sec. 19] Electronic copy of ER must be digitally signed by the

BEI and is the official source of election results being the

one to be used for canvass and for proclamation of

winners [Sec. 19]


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Electronic transmission of results [Sec. 19]

To the Board of Canvassers

To the Dominant Majority and Minority Parties

To the accredited Citizens Arm To the Kapisanan ng mga Broadkaster sa Pilipinas

At least one member of the Board of Election

Inspectors [BEI] must be Information Technology

(IT) capable, as certified by the DOST [Sec. 3]


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Canvassing at the Municipal, City, Provincial

Level and at the Comelec to be done by

consolidating electronically transmitted ERs

and/or COCs [Sec. 20] Board of Canvassers to be supported by IT

capable Personnel [Sec. 5]

Winning local candidates are to be proclaimed

using electronically transmitted ERs [Sec. 20]


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Certificate of Canvass (COC) [Sec. 20] Printed and Electronic Form

30 copies of COC prepared by Municipal and City BOCs are to beprinted [Sec. 21]

14 copies of COC prepared for BOCs in Cities with two or more

Districts and in Provinces are to be printed [Sec. 21] COC to be electronically transmitted to higher canvassing bodies

Must be accompanied by Statement of Votes to be generated by theconsolidating machines [Section 20]

The Electronic Copy is the source of official electionresults, in the sense that it is the one that will becanvassed at the higher canvassing bodies


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Provincial Board of Canvassers, the City Board ofCanvassers, (with constituent districts), and theCOMELEC, will canvass results by consolidatingelectronically transmitted COCs from lower

canvassing bodies, and proclaim the winners at thatlevel [Sec. 20, 22]

Congress, will open COCs and determine theirauthenticity and due execution [Sec. 23] pursuant

to RA 7166 as supplemented and modified by RA8792 [E-Commerce Act] for canvass of Presidentand Vice President [Sec. 25]


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Implementing the AES

Responsible Agencies/Committees COMELEC

Principal Implementor of the Law

Mandated to come up with Implementing Rules and

Procedures (GIs) on Voting[Sec. 15], Closing of Polls [Sec.16], Counting of Votes[Sec. 18], Canvassing andConsolidation of Election Results [Sec. 30]

Advisory Councilrecommend and assist COMELEC[Sec. 9]

Technical Evaluation Committeecertifies to thereadiness of the System and its compliance with theminimum requirements of the law [Sec. 9]

Steering Committeemanager of the System


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Steps in the Implementation of AES

Recommendation of the Advisory Council and Adoption

of the System by the Comelec

Preparation of the Specifications

Bidding Awarding

Roque, et al vs. COMELEC et. al., G.R. 188456,

September 10, 2009

Manufacturing

Source Code Review


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Steps in the Implementation of AES

Stakeholders Education and Training to be held not later

than six (6) months before election

Testing and Mock Elections

Certification by the Technical Evaluation Committee

Release of Continuity Plan to be published and made

available to parties not later than 15 days before elections

Election day testing

Actual Use in the Election

Random Manual Audit

Evaluation and Assessment


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Source Code.

Human Readable Instructions on what the machines will do Sec 12 - Once an AES technology is selected for

implementation, the Commission shall promptly make thesource code of that technology available and open to anyinterested political party or groups which may conduct their

own review thereof Technical Evaluation Committee Certification as to the successful completion of a source code review

that the source code is kept in escrow with the Bangko Sentral ngPilipinas;

that the source code reviewed is one and the same as that used

by the equipment


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Continuity Plan

Section 11- Continuity plan in case of a systemsbreakdown

Activation in the presence of representatives ofpolitical parties and citizens arm of the

CommissionAll political parties and party-list groups shall be

furnished copies of said continuity plan

Publication in at least two newspapers of nationalcirculation

Posting at the COMELEC website at least fifteen(15) days prior to the electoral activity concerned.


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Random Manual Audit

Where the AES is used, there shall be a random manual

audit in one precinct per congressional district randomly

chosen by the Commission in each province and city.

Any difference between the automated and manual

count will result in the determination of root cause and

initiate a manual count for those precincts affected by

the computer or procedural error.

Purpose is to validate machine count by a

manual count


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First Penal Provisions (Sec. 28)

Utilizing without authorization, tampering with, damaging,destroying or stealing:

Official ballots, election returns, and certificates of canvass ofvotes used in the system; and

Electronic devices or their components, peripherals or supplies

used in the AES such as counting machines, memorypacks/diskettes, memory pack receivers and computer sets;

Interfering with, impeding, absconding for purpose of gain,preventing the installation or use of computer counting devicesand the processing, storage, generation and transmission ofelection results, data or information;

Gaining or causing access to using, altering, destroying ordisclosing any computer data, program, system software,network, or any computer-related devices, facilities, hardware orequipment, whether classified or declassified;


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First Penal Provisions (Sec. 28)

Refusal of the citizens' arm to present for perusal its copy ofelection returns to the board of canvassers;

Presentation by the citizens' arm of tampered or spuriouselection returns;

Refusal or failure to provide the dominant majority and

dominant minority parties or the citizens' arm their copy ofelection returns; and

The failure to post the voters' list within the specified time,duration and in the designated location shall constitute anelection offense on the part the election officer concerned.

Punishable by 8 years and 1 day to 12 years, no parole,perpetual disqualification from holding public office, bothappointive and elective


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Manual Election

under RA 9369 Reading of votes for national candidates before going to

local candidates [Section 32]

Election Returns, 8 hand-prepared copies [Sec. 33], 30

printed copies [Sec. 32]

Posting of the 8thcopy of ER for National Candidates, 2ndcopy of the ER for Local Candidates [Sec. 33]

30 copies of ERs are to be produced by a data capturing

device and printed at the polling place [Sec. 32]

Transfer of Polling Place, when deemed necessary, must beendorsed by majority of watchers [Sec. 35]


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Manual Election

under RA 9369

During canvassing, the BOCs are required to project on a wall, theER or COC being canvassed [Sec. 39]

Pre-proclamation controversy occurs in the National Canvass inCongress for President and Vice-President in case of any

discrepancy, incompleteness, erasure or alteration in the COCsand in the supporting Statement of Votes [Sec. 37]

The Municipal City District and Provincial Board of Canvassersshould also produce 30 printed copies of the COCs and Statementof Votes aside from those prepared by hand, using a DataCapturing Device and a printer at the canvassing venue [Sec. 39]

Digital Image of the COCs and the SOVs are to be transmittedusing secured transmission with authentication features to thesecured tabulation system of Comelec . [Sec. 39]

S d P l P i i C t B th


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Second Penal Provisions Common to Both

Manual and Automated Election

Crime of Electoral Sabotage Defined [Sec. 42]

For a national position, when it is made to appear by dagdag-bawas,

or failure to credit votes, that a loser is a winner

Regardless of the position, when dagdag bawas is done in a single

document, and in transposing election results from one document tothe other, and it involves alteration of 5,000 or more votes

In any case when the alteration involves 10,000 or more votes.

Punishable by Life Imprisonment

Jurisdiction to conduct preliminary investigation and

prosecution of election offenses, concurrent to bothCOMELEC and other prosecutorial arm of government.


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Absentee Voting in the Philippines

Overseas Absentee Voting

Local Absentee Voting


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Overseas Absentee Voting

Filipino citizens who are: abroad or will be abroad on election day

At least 18 years of age on the day of the elections

Intending to vote Not otherwise disqualified by law

Overseas Absentee Voters can vote only for

National Positions (President, Vice President,

Senators and Party List)


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Local Absentee Voters

Members of the Armed Forces of the Philippines

Members of the Philippine National Police

Government Employees and Teachers who will perform

poll functions in May 10, 2010 elections

Local Absentee Voters can vote only for National

Positions (President, Vice President, Senators

and Party List)


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Detainee Voting

Comelec Resolution No. 8811

Detainee: A person who is:

- confined in jail, formally charged for any crime/s and

is awaiting trial; or- Serving a sentence of imprisonment for less than one

(1) year; or

- Whose convicting of a crime involving disloyalty to a

duly constituted government such as rebellion,sedition, violation of the firearms law or any crimes

against national security is on appeal


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May be thru special voting place inside jail

(if at least 100 registered detainee voters

May be thru escorted voting


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Thank You!!

election automation law

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