LENTE REGIONAL TRAINING on Election Laws and Processes

LENTE REGIONAL TRAINING on Election Laws and Processes April 22, 2007

AGENDA n n n Welcoming Remarks LENTE Overview Training on Election Laws Voting n Canvassing n Open Forum n n Other Operational Matters Provincial Training n Deployment n LENTE

Welcoming Remarks

LENTE Overview

What is LENTE? n First nationwide network of lawyers, law students, paralegals and other trained volunteers set up by various non-partisan groups engaged in election monitoring work. LENTE

What is LENTE? n Two tasks: To monitor the canvassing of tallied votes in cities, municipalities and provinces around the country; n To provide legal services to members of the Network during the election period. n LENTE

LENTE Must Wins n Mobilize around 10, 000 volunteers nationwide for the following work: Monitor the canvassing of votes in 1, 600 cities/municipalities and 81 provinces around the country n Coordinators at the local level; n Monitor canvassing and provide legal services at the national level n Support and assistance to the volunteer monitors during the canvassing process n LENTE

Training Proper

TOPICS Sources of Election Law n Candidates and Parties n Voting and Counting Process n Canvass Process n Post Election n LENTE

Sources of Election law

1987 Philippine Constitution § Right of Suffrage § § Secrecy and sanctity of the ballots (Article V) Absentee voting for overseas Filipinos (Article V) COMELEC Charter Accreditation of a citizen’s arm (Article IXC) LENTE

§ § Free and open party system [Article IX-C Section 6] No representation in the Board of Canvassers, Registration Boards and Board of Election Inspectors for political parties, although entitled to watchers [Article IX -C Section 8] LENTE

The Omnibus Election Code The Basic Law of Elections § Passed on December 3, 1985 First applied in the Feb. 1986 Snap Presidential Elections § Under the 1973 Constitution § § LENTE

RA 6646 – Electoral Reforms Law of 1987, January 5, 1988 n Limited campaign propaganda to common poster areas and to Comelec space and time n Redefined the composition of the Board of Election Inspectors and Canvassers n Strengthened penal provisions on vote-buying and vote-selling as well as campaign violations LENTE

RA 7166 - November 26, 1991 n Enabling law for the first synchronized elections in 1992 n Amended procedures for canvass and preproclamation controversies n Parties and Citizens’ Arm to get copies of COCs n Gun Ban n Decriminalized the failure to file statement of expenditures and contributions of candidates LENTE

RA 7941 AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTYLIST SYSTEM, AND APPROPRIATING FUNDS THEREFOR RA 8045 and 8173 - CITIZEN’S ARMS RIGHT TO OBTAIN COPIES OF ELECTION RETURNS LENTE

n RA 8189 AN ACT PROVIDING FOR A GENERAL REGISTRATION OF VOTERS, ADOPTING A SYSTEM OF CONTINUING REGISTRATION, PRESCRIBING THE PROCEDURES THEREOF AND AUTHORIZING THE APPROPRIATION OF FUNDS THEREFOR, "The Voter's Registration Act of 1996. " n Changed the system of registration from a fixed day registration to a system of continuing registration LENTE

RA 8295 AN ACT PROVIDING FOR THE PROCLAMATION OF A LONE CANDIDATE FOR ANY ELECTIVE OFFICE IN A SPECIAL ELECTION, AND FOR OTHER PURPOSES RA 8436 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 LENTE

RA 9006 AN ACT TO ENHANCE THE HOLDING OF FREE, ORDERLY, HONEST, PEACEFUL AND CREDIBLE ELECTIONS THROUGH FAIR ELECTION PRACTICES, “Fair Election Act” n Liberalized campaign rules RA 9189 AN ACT PROVIDING FOR A SYSTEM OF OVERSEAS ABSENTEE VOTING BY QUALIFIED CITIZENS OF THE PHILIPPINES ABROAD, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES, "The Overseas Absentee LENTE Voting Act of 2003. "

RA 9369 An Act Amending Republic Act No. 8436 entitled, “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” LENTE

COMELEC RESOLUTIONS n n GENERAL INSTRUCTIONS FOR THE BOARD OF ELECTION INSPECTORS (GI for BEI) – Resolution No. 7815, as amended. GENERAL INSTRUCTIONS FOR THE BOARDS OF CANVASSERS (GI for BOC) – Nothing yet at this point. LENTE

May 14, 2007 National and Local Elections LENTE

Positions at stake National: Senate – 12 seats House of Representatives – 218 and 20% of the total no. of seats for Party List Provinces: Governors - 81 Vice Governors - 81 Provincial Board Members – as high as 7 to as low as 1 per PB district LENTE

Cities/Municipalities City Mayor – 118 Vice-Mayor - 118 Sangguniang Panglungsod Members – 4 to 12 per city or city district Municipal Mayor – 1, 510 Vice Mayor – 1, 510 Sangguniang Bayan Members – 8 per town LENTE

REGISTRATION Registration of Voter (Basic Law is RA 8189) § To be able to vote in elections F § Must be a registered voter Who may register? F F All citizens of the Philippines not otherwise disqualified by law At least eighteen (18) years of age Resided in the Philippines for at least one (1) year immediately preceding the election, Resided in the place wherein they propose to vote for at least six (6) months immediately preceding the election LENTE

System of Continuing Registration of Voters F F Personal filing of application of registration of voters Conducted daily in the office of the Election Officer during regular office hours. No registration one hundred twenty (120) days before a regular election The Election Registration Board (ERB) decides on the applications LENTE

n Precinct is the basic unit of territory in elections. It may comprise a geographically compact territory like a street or a group or streets or a sitio. Voters are organized by precinct in each city and municipality. Voters from the same precinct cast their vote in the same polling place. LENTE

n Cluster of Precincts is a grouping of two precincts so much so that the voters in the two precincts can vote in one polling place, use one ballot box, use one set of election returns, etc, and vote before one Board of Election Inspectors. n Notwithstanding clustering, the component precincts retain their identity and will have their own separate book of voters and list of voters. LENTE

n Polling Place is the place where voting is conducted. It is usually a classroom. It is most of the time referred to as the precinct when reference is made to the place of voting. LENTE

CANDIDATES n Must have filed Certificate of Candidacy n n No Certificate, Not a Candidate Maybe independent or affiliated with Political Party LENTE

POLITICAL PARTIES n n n Group of persons pursuing the same ideology, political ideas or platforms of government Must be COMELEC registered to have juridical personality Leadership issues may be resolved by COMELEC LENTE

n Dominant Majority and Dominant Minority Party n n Entitled to copies of Election Returns and Certificates of Canvass 6 Principal Political Parties n Priority Watchers LENTE

PARTY LIST n n Must be Registered Manifestation of Intent to Participate Nominates at least 5 persons. Party is elected, Not the nominees. LENTE

ELECTION DAY LENTE

Board of Election Inspectors Three members n Usually all public school teachers n Conducts the election at the polling place n One BEI for every precinct or cluster of precinct. n LENTE

Powers and Functions of BEI n n Conduct the voting and counting of votes in the polling places. Deputies of the Commission in the supervision and control of the election in the polling place. Maintain order within the polling place and its premises Enforce obedience to its lawful orders. LENTE

BEI Qualifications n n Of good moral character and irreproachable reputation Registered voter of the city or municipality Never been convicted of any election offense or of any other crime punishable by more than six (6) months of imprisonment, or has no pending case filed against him for any election offense Able to speak and write English or the local dialect. LENTE

A pollwatcher must be in the polling place at 6: 00 am - the time the BEI are supposed to be at the polling place to make the necessary preparation for the voting. ü The voting starts at 7: 00 am and ends at 3: 00 pm ü LENTE

Key Forms and Supplies n Ballots are where voters write their votes. They are printed on security paper with distinctive, clear and legible watermarks that will readily distinguish the ballot paper from ordinary paper. They contain a stub and detachable coupon, both of which shall bear the same serial number of the ballot, with space for the thumbmark of the voter on the detachable coupon. LENTE

n n Election Returns is spreadsheet-like document where the tally of the votes of all candidates voted for in the precinct is made. It comes in 7 copies of several pages each. The first copy is the one to be delivered to the Municipal or City Board of Canvassers for canvass. The others are distributed to different recipients. Tally Board is a big tally sheet posted in the walls of the polling place for public viewing of the vote tally process. LENTE

n n Minutes of the Voting and Counting is the document where the proceedings in the polling place are recorded. It is where the serial numbers of all election documents and supplies are recorded. It comes in two copies. Paper Seals are used to seal envelopes and the ballot box to make sure that they are not unduly or improperly opened. The seals also have serial numbers. LENTE

n n Ballot Box, which also has a serial number, has two compartments: the bigger compartment is where valid ballots are deposited and the smaller compartment is where spoiled ballots are dropped. Indelible Ink is put on the right forefinger of a person who has voted. LENTE

Key Records n n Voter’s Registration Record (VRR) is the application for registration form of persons whose application for registration has been approved by the Election Registration Board. Book of Voters is a bound compilation of all the VRRs of registered voters in a precinct. LENTE

n n List of Voters is a listing of the names of all registered voters in each precinct duly certified by the Election Registration Board for use in the election. There are two types of lists of voters: Election Day Computerized Voters’ List (EDCVL) n Posted Computerized Voters List (PCVL) n LENTE

n List of Deactivated Voters is list of names of those whose VRR were removed from the Book of Voters and placed in the inactive file because: n n Failure to vote in two successive electoral exercise; Sentenced by final judgment and imprisoned for not less than one year or have committed political crimes; Declared insane and incompetent; and Excluded from the voters’ list by court order LENTE

Persons allowed in polling place during the voting stage • • Chairman and members of the BEI. Watchers who shall stay only in the space reserved for them; Representatives of the Commission; Voters casting their votes; Voters waiting for their turn to vote; Voters waiting for their turn to get their ballots; and Others who may be specifically authorized by the Commission. LENTE

Persons not allowed during voting stage except to vote and when specifically authorized by the COMELEC n n Armed Forces of the Philippines (AFP) personnel. Philippine National Police (PNP) personnel Paramilitary forces, including special forces, security guards, special policemen, and all other kinds of armed or unarmed extra-legal police forces. and Barangay official, including barangay tanod, except to vote. LENTE

Personnel of the AFP, as well as armed and unarmed extra legal police forces CANNOT enter any polling place or stay within a radius of fifty (50) meters thereof, except to vote, in which case they shall immediately leave the polling place after voting. LENTE

In case of policemen or peace officers, they may stay outside the polling place within a radius of thirty (30) meters to be easily called by the BEI at any time when they are ordered in writing by a majority vote of the BEI for their protection and that of the voters or that of the election documents and paraphernalia. Such orders shall be entered in the Minutes. LENTE

Important Rules During the Voting Stage n n n The meeting of the BEI is public. The BEI acts through its chairman and by majority vote. No watcher shall enter the places reserved for the voters and the BEI, or mingles and talks with the voters; No voter shall prepare his ballot without using a ballot secrecy folder or exhibits the contents of the ballot to any person; No ballot shall be brought outside the polling place LENTE

n n No person carrying any firearm or any other deadly weapon shall enter the polling place except those expressly authorized by the Commission; The voters shall fall in line in the order of their arrival in the polling place and cast their votes in the same order. Voters shall not crowd around the table of the BEI and shall immediately depart after having voted. and There should be no crowding of voters and disorderly behavior inside the polling place. LENTE

Who May Vote? • • Registered voters of the precinct whose voter registration records are contained in the Book of Voters OR those whose names appear in the EDCVL of the precinct, and Those ordered by the courts to be included in the list of voters. LENTE

Identifying the voter No voter shall be required to present his voter’s identification card unless his identity is challenged. However, the absence of a voter’s identification card shall not preclude the voter from voting if : n n his identity can be established in his registration record or in any other valid identification document which bears his photograph or specimen signature, or he is identified under oath by a member of the BEI. Such identification shall be reflected in Part E of the Minutes of Voting and Counting of Votes. LENTE

Voting Steps. n n n Chairman announces of Serial number of ballot to be issued to a voter. BEI enters serial number on the EDCVL; Chairman signs back of the ballot. Chairman folds the ballot Chairman gives the ballot to the voter. LENTE

Voting Steps. Voter signs name in the EDCVL. Voter fills his ballot in the designated area n n D n n n Carbon paper, paraffin paper or other means for making a copy of the contents of the ballot or make use of any means to identify the voter or his vote ARE PROHIBITED. Voter folds ballots again and goes back to BEI Voter thumbmarks ballot coupon Voter returns folded ballot to the chairman; LENTE

Voting Steps. n n Chairman verifies serial number of returned ballot. Voter thumbmarks corresponding space in the EDCVL. Chairman applies indelible ink on the voter. The Chairman will sign in the proper space in the EDCVL; LENTE

Voting Steps. n n Chairman detaches ballot coupon. Chairman deposits folded ballot in the compartment of the ballot box for valid ballots. Chairman deposits detached coupon in the compartment for spoiled ballots. Voter departs. LENTE

Illiterate and Disabled Voters. n May be assisted by a relative by consanguinity or affinity within the fourth civil degree, or if he has none: By any person of his confidence who belongs to the same household; or n By any member of the BEI. n LENTE

Illiterate and Disabled Voters. n n No person may assist an illiterate or disabled voter more than three (3) times, except the members of the BEI. An Illiterate/ Disabled Voter is one who cannot by himself accomplish his ballot because of his physical disability and/or inability to read and write. No voter shall be allowed to vote as illiterate or physically disabled unless such fact is so indicated in the PCVL, or the fact of his disability is apparent from his physical condition LENTE

Close of Voting n n n Voting ends at three o’clock Voters within thirty meters can vote. Poll clerk will: ü ü ü List the names of voters. Call Names of listed voters three times. Any voter in the list who is not present when called shall not be permitted to vote at any later time. LENTE

Close of Voting ü After the voting is finished, the BEI will immediately proceed to count the votes cast and ascertain the results in the polling place. Unless otherwise ordered by the COMELEC, the BEI shall not adjourn, postpone or delay the counting. LENTE

What will happen if because of imminent danger of violence, terrorism and disorder, the counting process can not be held at the polling place? n The BEI may transfer the counting to the nearest safe barangay or school building within the municipality by unanimous approval of the BEI and concurrence by the majority of the watchers present. LENTE

n n Preliminary Activities before Counting of Ballots. Disposition of Unused Ballots Verification if there are excess and marked ballots Preparation of the Election Returns and Tally Board for the tallying of votes Preparation of Ballots for Reading LENTE

Counting Process n n BEI unfolds ballots and form separate piles of one hundred (100) ballots each held together by rubber bands. BEI Chairman takes ballots of the first pile one by one and read the votes in the order in which they appear thereon. LENTE

Counting Process n n n Poll Clerk records each vote as it is read in the Election Returns Third Member simultaneously records each vote as it is read in the Tally Board. The same procedure will be followed with the succeeding piles of ballots. LENTE

Steps after Counting. n n n BEI records, in words and in figures, the total number of votes obtained by each candidate both in the election returns and in the tally board. The entry of votes in words and figures in the election returns for each candidate will be closed with the signature and thumbmark of all the members, to be affixed in full view of the public, immediately after the last vote recorded. The ballots read will be put in the envelope for valid ballots. The envelope for valid ballot will be sealed by a paper seal. BEI shall records the serial number of the envelope for valid ballots, as well as the of the paper seal closing it. LENTE

n n All BEI members will sign and thumb mark the portion of the election returns. The thumb marks must be made in all the copies and the signatures must be reflected in all said copies. The watchers of the 6 principal political parties can then sign and thumb mark the proper portion of the election returns. The thumb marks must be made in all the copies, and the signatures must be reflected in all said copies. LENTE

n n n Each copy of the Election Returns will be folded and sealed by Paper Seals Each copy of the Election Returns properly folded and sealed will be put in their respective envelopes. Each of the envelopes will be sealed by a paper seal. The BEI shall record the serial numbers of the envelopes and the corresponding paper seals The BEI will reflect in the Minutes of Voting and Counting all its actions. LENTE

What documents stay in the ballot box? n Envelope containing: n n n Used/counted official ballots; Excess/marked/spoiled/half of torn unused official ballots; Election returns (copy for the ballot box); Minutes of Voting and Counting of Votes(copy for the ballot box); Tally Board; and Stubs of used pads of official ballots. LENTE

n The BEI shall deliver the sealed ballot box to the city or municipal treasurer, LENTE

n The election returns (1 st copy) intended for the city/municipal board of canvassers shall be delivered by the BEI to the board of canvassers concerned. LENTE

n Unclaimed election returns copies intended for the dominant majority party, the dominant minority party and the citizens’ arm shall be turned-over to the election officer, who shall take custody of the same until they are claimed by the parties concerned. LENTE

BEIs accomplishing the Election forms LENTE

Canvassing and Proclamation LENTE

Canvassing n Canvassing is the process by which the Election Returns or the Certificates of Canvass, as the case maybe, are read and the votes of every candidates reflected therein are recorded for the purpose of aggregating votes obtained by all candidates. [See Section 28 RA 7166] LENTE

Proclamation n Public Official Announcement of the Results of the Election. The Certificate of Canvass and Proclamation for Winning Candidate. Certificates of Canvass for higher office are accomplished, sealed, transmitted to higher Canvassing Boards. LENTE

City/Municipal Canvassing n n Canvass Election Returns Prepare Statement of Votes by Precinct Prepare Certificate of Canvass for Senators, Party-list, Congress and Provincial officials Proclaim winning City/Municipal candidates LENTE

Statement of Votes by Precinct LENTE

Provincial Canvass n n Canvass City/Municipal Certificates of Canvass Prepare Statement of Votes by City/municipality Prepare Provincial Certificates of Canvass for Senators & Party List Proclaim winning Provincial and Congressional candidates LENTE

National Canvass n n n Done by COMELEC Canvass Provincial Certificates of Canvass Proclaim the winning Senators LENTE

Election Controversies i. ii. iii. Pre-proclamation controversies Petition for declaration of failure of elections Election protests LENTE

Other Operational Matters

Mobilization Cycle n Weekends n NATIONAL TRAINORS REGIONAL TRAINORS PROVINCIAL TRAINORS MUNICIPAL TRAINORS APRIL / MAY 14 22 28 5 12 14 ORGS: LENTE NASSA NAMFREL PPCRV OTHERS LENTE

FLOWCHART - Version 1 COMELEC ---- LENTE ----- NASSA – NAMFREL ----- PPCRV Central National Tabulation Center Parallel Count PROVINCIAL CANVASS MUNICIAPAL Canvass LENTE PPcrv Municial Tabulation Center PPCRV Diocese ER COC Sov PRECINCT ER Co. V LENTE

NATIONAL TABULATION CENTER NASSA - NAMFREL PARTICIPATING ORGANIZATIONS COMMAND POST ADMIN SERVICES MANCOM GENERAL SERVICES OPERATIONS SYSTEMS MEDIA CENTER AUDIT LENTE

What to expect? n 1) Primer on LENTE Role vis-avis NASSA-NAMFREL-PPCRV n n n 2) FAQ’s 3) Citizen’s Arm 4) Circulars on Relevant COMELEC Resolutions regarding access to LENTE volunteers LENTE

LENTE