Lawmaker urges manual polls in May 2013

By:  Kim Arveen M. Patria
Business World Online

MANILA, Philippines (20 March 2012) - A LAWMAKER has filed a bill which seeks to employ a manual voting system in the May 2013 elections, saying that the use of counting machines in the previous polls was "illegal and irregular."

What is PCOS?

What is PCOS?

By:  James Jimenez

As we move closer to the national and local elections of 2013, I will be writing an Automation Primer, a series of articles to explain various aspects of election automation.   

COMELEC junks proposal for manual ARMM polls

By:  Mayen Jaymalin

MANILA, Philippines - The Autonomous Region in Muslim Mindanao (ARMM) elections will definitely be automated, a source at the Commission on Elections (Comelec) said yesterday.

The poll body, according to the source, has already junked a proposal to go to manual in the ARMM polls.

The poll official, who spoke on condition of anonymity, said the Comelec rejected the appeal of newly appointed Commissioner Augusto Lagman for manual elections.

“He (Lagman) really raised the issue of having manual elections but the commission en banc has decided to honor the earlier decision,” the source said.

“It is already official therefore that the ARMM elections will be automated, if ever (the polls will) push through,” the source added.

The source said the deliberation was “healthy” and “cordial” although it began with Lagman strongly pushing for the manual system.

In the end, the source said, Lagman conceded defeat to his six fellow commissioners.

“The (commission) en banc ultimately decided to go automated in these ARMM elections pursuant to the election automation law,” the source said.

Lagman was the foremost critic of the precinct count optical scan (PCOS) machines used in the 2010 national and local elections, citing the technology’s insufficient transparency as required under Republic Act 9369 or the Poll Automation Law.

Upon his appointment, Lagman said he would exert all efforts to convince his fellow commissioners to revert to the manual system since the ARMM elections only involve a small number of candidates and winners.

The Comelec is set to use some 5,000 PCOS machines in the regional polls.  It already has 900 units and is looking at buying 4,000 more.

Comelec is now negotiating with service provider Smartmatic International Corp. for an “option to purchase” the PCOS machines used in the May 10, 2010 elections.

Security measures

Meanwhile, the Philippine National Police (PNP) is preparing security measures for the special congressional election in the first district of Ilocos Sur and for the ARMM polls as well.

PNP chief Director General Raul Bacalzo has met with the heads of the national support units and the regional police directors to assess the prevailing situation in the country, especially in Ilocos Sur and the ARMM.

“We are preparing for the elections in Ilocos Sur and ARMM, although nothing is final in the ARMM elections.  We need to prepare for that,” said Bacalzo after presiding over the PNP’s second quarter conference last week.

The special election in the first district of Ilocos Sur was called to find a replacement for former congressman Ronald Singson who was convicted of drug trafficking by a court in Hong Kong last February.

Bacalzo said they are also readying security plans for the ARMM polls, which are initially set on Aug. 8.

The Senate has yet to pass a Palace-backed measure postponing the ARMM elections and synchronizing the exercise with the May 2013 national elections

.

The House of Representatives earlier had passed its own postponement bill.  Two petitions questioning the move are pending before the Supreme Court.

Former senator Aquilino Pimentel yesterday said the move to postpone the ARMM polls is already “dead” due to lack of time.

“Malacañang’s position is not tenable.  They are pushing hard for poll postponement and the appointment of OICs (officers-in-charge), but they have to follow legal processes,” Pimentel said.

“They need to first amend the ARMM Organic Law and subject it to a plebiscite.

That is the process and the ARMM Organic Law was adopted only after it was subjected to a plebiscite.  That would be difficult for them since they cannot hold a plebiscite before the elections.  There’s no time,” he added. – With Cecille Suerte Felipe, Edith Regalado

General Instructions for the Board of Election Inspectors (BEIs)

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ARTICLE V
PROCEDURES OF VOTING, COUNTING OF VOTES AND TRANSMISSION OF PRECINCT RESULTS

SEC. 33. Preliminaries to the voting. – The BEI shall meet at the polling place at six o’clock in the morning of Election Day and do the following:

a) Ensure that it has all the election forms, documents and supplies needed, including:

1)    One (1) iButton security key for the chairman of the BEI for use in operating the PCOS; and

2)    iButton security key and Personal Identification Number (PIN) for each member of the BEI for use to digitally sign the ERs before transmission.

iButtons will be found in the thermal printer compartment and the PINs will be in a separate envelopes found inside the PCOS box.

1.  Post one copy of PCVL, of each precinct in the cluster, near or at the door of the polling place.

2.  Before the voting begins, the Chairman of the BEI shall:

a.    Show to the public and the watchers present that the:

                                                  i.    PCOS box is sealed;

BEI members and watchers shall check if the serial number of the seal used in the PCOS box is the same as the serial number recorded during the testing and sealing.

                                                 ii.    Ballot box is locked and empty; and

                                                iii.    Package of official ballots and the Book of Voters are both duly sealed, and thereafter, break the seals;

b.    Count the ballots manually.  Enter in the Minutes the number of ballots; and the fact that the PCOS box, package of ballots and the Book of Voters were shown to the public with the seals intact.

c.    Remove the seal of the PCOS box, retrieve the PCOS from the box and show that the seals of the printer cover, main memory card slot and back-up memory card slot of the PCOS are intact.  Record in the Minutes such fact and thereafter break the seal of the printer cover.  The Main memory card slot and back-up memory card slot shall remain sealed during the voting.

d.    Install the PCOS by:

                                                  i.    Placing the PCOS properly on top of the ballot box;

                                                 ii.    Connecting the battery of the PCOS; and

                                                iii.    Plugging the power cord.

e.    Wait until the PCOS displays the message: “PLEASE INSERT SECURITY KEY FOR AUTHENTICATION”

f.     Place the iButton security key on top of the iButton security key receptacle and apply slight pressure thereon, until the message “SECURITY KEY VERIFIED” appears on the PCOS screen; and

g.    Remove the iButton security key from its receptacle after which the PCOS shall display the main menu.

The chairman shall keep the iButton security key in his custody throughout the voting.

h.    The Operator shall initialize the PCOS by:

                                                  i.    Selecting “OPEN VOTING” from the Main Menu.

                                              ii.    The PCOS will request for the PIN of the poll clerk who will then enter his PIN and press “ENTER”.  The PCOS will validate the PIN and displays a message “PIN ACCEPTED”.  The PCOS will request for the second PIN from the third member who will then enter his PIN and press “ENTER”.  The PCOS will validate the PIN and displays a message “PIN ACCEPTED”.

                                            iii.    The PCOS will then display two (2) options: “INITIALIZE VOTE COUNTERS” and “PREVIOUS SCREEN”.

                                               iv.    Press the “INITIALIZE VOTE COUNTERS” option of the PCOS.

                                                v.    The PCOS shall display the message “INITIALIZING VOTE COUNTERS”.  Thereafter, PCOS shall automatically print the Initialization Report showing the ZERO (“0”) vote for each candidate and the geographic information (province, city/municipality, barangay, voting center and cluster precinct).

                                 vi.    The PCOS shall display the message “PLEASE INSERT BALLOT”.  Now, the PCOS is ready to accept ballots.

                                     vii.    Detach Initialization Report and let the BEI and the watchers present affix their signatures thereon.

i.      The Chairman shall then place the report inside the envelope (A18-A) for submission to the Election Officer after the voting, for his safekeeping.

SEC. 34. Manner of obtaining ballots. – The voter shall:

1. Look for his name in the PCVL posted near the door of the voting center and determine his precinct number and sequence number;

2. Approach the BEI member or the support staff in-charge of the precinct, give his sequence number in the PCVL, name and address, together with the other data concerning his person.

3.   The BEI or the support staff shall verify if the name of the voter is in the EDCVL.  If the name of the voter is in the EDCVL, his identity shall then be established through the following:

                                                  i.    His photograph in the EDCVL or specimen signatures in the Voters Registration Record (VRR) or any authentic document which may establish his identity except barangay certificate or community tax certificate; or

                                                 ii.    In the absence of any of the above-mentioned proof of identity, any member of the BEI or any registered voter of the precinct/clustered precinct may identify under oath a voter, and such act shall be reflected in the Minutes.

If the BEI or support staff is satisfied with his identity, the name of the voter shall be distinctly announced in a tone loud enough to be heard throughout the polling place.  Otherwise, the voter shall be directed to leave the polling place after informing him the reason thereof.  If the voter is not challenged, or having been challenged, the question has been decided in his favour, the voter shall be directed to the chairman of the BEI.

Before giving the ballot to the voter, the Chairman of the BEI shall:

a)    Check if any of the fingernails of the voter has already been stained with indelible ink.  If stained, it shall be a conclusive presumption that he has cast his vote.  As such, the voter shall be directed to leave the polling place after informing him the reason thereof.  This fact, including the name and the precinct of the voter, shall be recorded by the Poll Clerk in the Minutes;

b)    After verifying that no fingernail has been stained, affix his signature in the EDCVL;

c)    Authenticate the ballot by affixing his signature at the designated space at the front thereof.

The failure to authenticate the ballot shall not invalidate the ballot, but shall constitute an election offense.

d)    Instruct the voter on how to fill-up the ballot properly.

e)    Insert the ballot in the secrecy folder in such a manner that its face is covered, except the portion where his signature in the ballot appears, and give the ballot to the voter.

Only the Chairman shall issue the official ballots, and not more than one ballot shall be issued at one time.

f)     Require the voter to affix his signature on the proper space in the EDCVL.

SEC. 35.  Manner of voting. – Voting shall be conducted in the following manner:

1.    The voter shall, using the ballot secrecy folder and the marking pen provided by the COMELEC, fill his ballot by fully shading the oval beside the names of the candidates and political party participating in the party list system of representation of his choice.

2.    The voter shall then approach the PCOS, insert his ballot in the ballot entry slot and wait until the ballot is dropped into the ballot box.  The BEI shall monitor the PCOS screen to make sure that the ballot was successfully accepted.  Thereafter, the voter shall return the ballot secrecy folder and marking pen to the Chairman.

3.    The Chairman shall apply indelible ink at the base and extending to the cuticle of the right forefinger nail of the voter, or any other nail, if there be no forefinger nail.

4.    The voter shall affix his thumbmark on the corresponding space in the EDCVL.

5.    The voter shall then leave the polling place.

SEC. 36. Rejected ballots; Procedure. – Ballots may be rejected by the PCOS during the scanning.  In the event of a rejected ballot, the voter shall be allowed to re-insert the ballot.  If the PCOS still rejects the ballot, the voter shall return the ballot to the Chairman who shall:

1.    Distinctly mark the back thereof as “Rejected,”

2.    Require all members of the board to sign at the back thereof, and place inside the Envelope for Rejected Ballots (A15).

No replacement ballot shall be issued to a voter whose ballot is rejected by the PCOS.

Any party objecting to the rejection of the ballot shall reduce his objection in writing, which the Board shall attach and note in the Minutes.

SEC. 37. Disposition of unused ballots. – After the voting, the Chairman, in the presence of the BEI, shall:

1.    Record in the Minutes the quantity of unused ballots.

2.    Tear the unused ballots in half lengthwise.

3.    The first one-half shall be placed in the envelope (A15), and submit to the EO for safekeeping.

4.    Place the other half in another envelope (A15), and then deposit inside the compartment of the ballot box for valid ballots.

Such facts shall be entered in the Minutes.

SEC. 38. Counting of ballots and transmission of results; Procedure.

1.    At the end of voting and before the start of counting of votes, the procedure of validating the iButton security key stated in Section 33 (6 and 7) herein shall be performed.

2.    The Operator shall then press the “CLOSE VOTING” option in the Main Menu.

3.    The screen will display a message “ARE YOU SURE YOU WANT TO CLOSE VOTING?  NO MORE BALLOTS WILL BE ACCEPTED AFTER THIS.”  Select “YES” option.

4.    The PCOS will request for the PIN of the poll clerk who will then enter his PIN and press “ENTER”. 

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General Instructions for the Board of Election Inspectors (BEIs)

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ARTICLE IV

DATE, TIME AND PLACE OF VOTING

SEC. 20.  Date of election. – The election shall be held on May 10, 2010.

SEC. 21.  Voting hours. – The casting of votes shall start at seven o-clock in the morning and shall end at six o’clock in the evening of election day.

If at six o’clock there are still voters within thirty (30) meters in front of the polling place who have not yet cast their votes, voting shall continue but only to allow said voters to cast their votes without interruption.  The poll clerk shall, without delay, prepare a complete list containing the names of said voters consecutively numbered.  The voters listed shall be called to vote by the poll clerk by announcing each name three (3) times in the order in which they are listed.  Any voter in the list who is not present when called shall not be allowed to vote at any later time.  The said list shall be submitted to the Election Officer.

SEC. 22.  Place of Voting. – Voters shall cast their votes in the polling place designated by the Commission.  The Poster indicating the Clustered Precinct Number (A3) shall be prominently posted near or at the door of the polling place.

SEC. 23.  Who may vote. – All registered voters whose names appear in the Posted Computerized Voters List (PCVL) or EDCVL, or whose registration records have not been cancelled or deactivated, may vote in the election.

SEC. 24.  Challenge against illegal voters. – Any voter or watcher may challenge any person offering to vote for:

a)    Not being registered;

b)    Using the name of another; or

c)    Suffering from an existing disqualification.

In such case, the BEI shall satisfy itself as to whether or not the ground for the challenge is true by requiring proof of registration, identity or qualification.  The BEI shall identify the voter through his photograph, fingerprint, or specimen signatures in the VRR or EDCVL.  In the absence of any of the above-mentioned proof of identity, any member of the BEI may identify under oath a voter, and such act shall be reflected in the Minutes.

SEC. 25.  Challenge based on certain illegal acts. – Any voter or watcher may challenge any voter offering to vote on the ground that he:

a)    Received or expects to receive, paid, offered or promised to pay, contributed, offered or promised to contribute money or anything of value as consideration for his vote or for the vote of another; or

b)    Made or received a promise to influence the giving or withholding of any such vote; or

c)    Made a bet or is interested directly or indirectly in a bet that depends upon the results of the election.

In such case, the challenged voter shall take an oath before the BEI that he has not committed any of the acts alleged in the challenge.  Upon taking such oath, the challenge shall be dismissed and the voter shall be allowed to vote.  In case the voter refuses to take such oath, the challenge shall be sustained and the voter shall not be allowed to vote.

SEC. 26.  Record of challenges and oaths. – The BEI shall record in the Minutes all challenges and oaths taken in connection therewith and its decision in each case.

SEC. 27.  Rules to be observed during the voting. – During the voting, the BEI shall see to it that:

a)    Voters shall vote in the order of their arrival in the polling place;

b)    No watcher shall enter the place reserved for the voters and the BEI, nor mingle and talk with the voters;

c)    No person carrying any firearm or any other deadly weapon, except those expressly authorized by the Commission, shall enter the polling place;

d)    There shall be no crowding of voters and disorderly behaviour inside the polling place; and

e)    The ballot box shall remain locked during voting.

SEC. 28.  Persons allowed inside the polling place. – Only the following persons shall be allowed inside the polling place:

a)    Members of the BEI and support staff, if any;

b)    Watchers who shall stay only in the space reserved for them;

c)    Representatives of the Commission;

d)    Technical support staff assigned in the voting center duly designated by the Commission when summoned by the BEI in order to address some technical problems;

e)    Voters casting their votes;

f)     Voters waiting for their turn to cast their vote;

g)    Other persons who may be specifically authorized by the Commission.

Unless specifically authorized by the Commission, it is unlawful for the following to enter any polling place or stay within a radius of fifty (50) meters thereof, except to vote:

1.    Any officer or member of the Armed Forces of the Philippines or the Philippine National Police;

2.    Any peace officer or any armed person belonging to any extra-legal police agency, special forces, reaction forces, strike forces, Civilian Armed Force Geographical Units, barangay tanods or other similar forces or para-military forces, including special forces, security guards, special policemen;

3.    All other kinds of armed or unarmed extra-legal police forces; and

4.    Any barangay official, whether elected or appointed.

However, the BEI may, by a majority vote, if it deems necessary, order in writing the detail of a policeman or any peace officer for its protection or for the protection of the election documents and paraphernalia.  Such order shall be entered in the Minutes.  Said policeman or peace officer shall stay outside the polling place near enough to be easily called by the BEI at anytime.  In no case shall the said policeman or peace officer hold any conversation with any voter or disturb or prevent or in any manner obstruct the free access of the voters to the polling place.

SEC. 29. Prohibition on voting. – It shall be unlawful for a voter to:

a)    Bring the ballot, ballot secrecy folder or marking pen outside of the polling place;

b)    Speak with anyone other than as herein provided while inside the polling place;

c)    Prepare his ballot without using the ballot secrecy folder or exhibit its contents;

d)    Fill his ballot accompanied by another, except in the case of an illiterate or person with disability/disabled voter;

e)    Erase any printing from the ballot, or put any distinguishing mark on the ballot;

f)     Use carbon paper, paraffin paper or other means of making a copy of the contents of the ballot, or otherwise make use of any other scheme to identify his vote, including the use of digital cameras, cellular phones with camera or similar gadgets; and

g)    Intentionally tear or deface the ballot.

h)    To disrupt or attempt to disrupt the normal operation of the PCOS.

SEC. 30. Preparation of ballots for illiterate and person with disability/disabled voters. – No voter shall be allowed to vote as illiterate or person with disability/disabled unless such fact is indicated in the EDCVL or VRR.  If so, he may be assisted in the preparation of his ballot, by any:

a.    Relative within the fourth civil degree of consanguinity or affinity;

b.    Any person of his confidence who belongs to the same household; or

c.    Member of the BEI.

A person with physically impaired capacity to use the AES may also be assisted in feeding his ballot into the PCOS.  The assistor shall ensure that the contents of the ballot are not displayed during the feeding of the same into the PCOS.

All assistors must be of voting age.

No person may assist an illiterate or person with disability/disabled voter more than three (3) times, except the members of the BEI.

In all cases, the poll clerk shall first verify from the illiterate or person with disability/ disabled voter whether the latter had authorized the assistor to help him to cast his vote.

The assistor shall, in the presence of the illiterate or person with disability/disabled voter, prepare the ballot using a ballot secrecy folder.

The assistor shall bind himself in writing and under oath to fill the ballot strictly in accordance with the instructions of the voter and not to reveal the contents thereof, by affixing his signature in the appropriate space in the Minutes.

SEC. 31. Accessibility of polling place to person with disability/disabled voters. – All polling places of precincts where there are persons with disability/disabled voters shall be located at the ground floor of the voting centers, unless not feasible.  For this purpose, the Eos shall coordinate with the proper school or building officials.

SEC. 32. Prohibition against premature announcement of voting. – During the voting, no member of the BEI shall make any announcement as to whether a certain registered voter has already voted or not, as to how many have already voted or how many so far have failed to vote or any other fact tending to show or showing the state of the polls; nor shall he make any statement at any time, except as witness before a court or body as to how many persons voted.

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