COMELEC Overseas Absentee Voting

RESOLUTION No. 8750

GENERAL INSTRUCTIONS FOR THE SPECIAL BOARD OF ELECTION INSPECTORS
AND SPECIAL BALLOT RECEPTION AND CUSTODY GROUP IN THE CONDUCT OF
MANUAL VOTING AND COUNTING OF VOTES UNDER REPUBLIC ACT NO. 9189,
OTHERWISE KNOWN AS “THE OVERSEAS ABSENTEE VOTING ACT OF 2003”
FOR PURPOSES OF THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS.

Promulgation: 27 January 2010



ARTICLE VII
PERSONAL VOTING

Sec. 26. Place of voting. – In case of personal voting, casting of votes shall be done in the designated voting area within the premises of the Posts and other voting areas as may be determined by the Commission.

Sec. 27. Prohibitions on personal voting. – The voter shall not:

1) Be accompanied by anybody in accomplishing his ballot, except in the case of an illiterate or disabled voter;

2) Speak with anyone while accomplishing his ballot;

3) Intentionally tear, deface, or erase any printing on the ballot or put thereon any distinguishing mark;

4) Use carbon paper, paraffin paper, camera, or other means for making a copy of the ballot, or make use of any other means to identify his vote;

5) Prepare the ballot without the use of a ballot secrecy folder, or exhibit its contents to any person; or

6) Bring the ballot outside the designated polling place.

Sec. 28. Rules to be observed during the voting. – During the voting, the SBEI shall ensure that:

a) No watcher enters the designated voting area for the voters and the area designated for the SBEI, or to mingle and talk with the voters;

b) No voter exhibits the contents of his ballot to any person;

c) No ballot is brought outside the designated polling place;

d) No person enters the designated voting area in premises of the Posts carrying any firearm or any deadly weapon, except those expressly authorized by the Commission;

e) The voters cast their ballots in the order of their arrival in the polling place; and

f) There is no crowding of voters and disorderly behaviour inside the designated polling place.

Sec. 29. Preparation of ballots for illiterate and physically disabled voters. –

a) No voter shall be allowed to vote as illiterate or physically disabled unless such fact is so indicated in the OAVF No. 2-A or such condition of physical disability is apparent;

b) A voter who is illiterate or physically unable to prepare the ballot by himself may be assisted in the preparation of his ballot by a relative within the fourth civil degree of consanguinity or affinity, or by any person of his confidence who belongs to the same household, or by any member of the SBEI;

c) No person shall assist an illiterate or physically disabled voter more than three (3) times except the members of the SBEI. The Third Member shall enter in Part IV of OAVF No. 11, the names of the persons each member assisted. At the end of each voting day, the Third Member shall indicate on Part IV of OAVF No. 11 the total number of times each member of the SBEI assisted an illiterate or physically disabled voter;

d) The assistor shall accomplish the ballot for the illiterate or physically disabled voter using a ballot secrecy folder in the presence of the latter; and

e) The assistor shall, by affixing his signature in the appropriate space in Part IV of OAVF No. 11, bind himself in writing and under oath to accomplish the ballot strictly in accordance with the instructions of the voter and not to reveal the contents of the ballot.

Sec. 30. Challenge of illegal voters. – Any voter or watcher may challenge a voter for:

a) Not being a registered overseas absentee voter;

b) Using the name of another; or

c) Suffering from an existing disqualification.

In such a case, the SBEI shall satisfy itself as to whether or not the ground for the challenge is true by requiring proof of registration, identity or qualification.

Sec. 31. Challenge based on certain illegal acts. – Any voter or watcher may challenge any voter on the ground that:

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

b) The challenged person has made or received a promise to influence the giving or withholding of any such vote; or

c) The challenged person has made a bet or is interested directly or indirectly in a bet, which depends upon the results of the election.

The challenged person shall take an oath before the SBEI that he has not committed any of the acts alleged in the challenge and accomplish the Oath of Voter Challenged for Illegal Acts (OAVF No. 39). 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. 32. Record of challenges and oaths. – The Third Member of the SBEI shall record in Part VII of OAVF No. 11 all challenges and oaths taken in connection therewith and the decision of the SBEI in each case.

Sec. 33. Prohibition on premature announcement of voting. – No member of the SBEI shall, before the termination of the voting, 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 any person voted.

Sec. 34. Duties of the SBRCG. – A. Before the start of the voting period:

1) Divide the CLOAV and OAVF No. 2-A equitably among the SBEIs and issue the same to each SBEI;

2) Allocate to each SBEI the official ballots and other forms and supplies based on the rate of distribution indicated in the Certificate of Receipt of Forms and Supplies for Voting by the SBEI (OAVF No. 14) and accomplish the blank columns thereof;

3) Assign a corresponding identification number for each SBEI, if there are more than one (1) SBEI in the Post;

4) Place inside the Ballot Receptacle to be assigned to the SBEI the forms and supplies listed in OAVF No. 14; and

5) Issue the Ballot Receptacle and assigned accomplished OAVF No. 14 to the SBEI.

B. Before the start of each voting day:

1) Issue to the SBEI its Ballot Receptacle and an unassembled ballot box, if needed; and

2) Require SBEI to acknowledge receipt of the Ballot Receptacle and the ballot box using a logbook maintained for the purpose.

Sec. 35. Duties of the SBEI. – A. Before the start of the voting period:

1) Obtain from the SBRCG the Ballot Receptacle and accomplished OAVF No. 14;

2) Remove all the contents of the Ballot Receptacle to ascertain if the actual quantity of ballots received is equal to the number of voters assigned to it based on the CLOAV;

2.1) If more than the number of voters, return the excess ballots to the SBRCG;

2.2) If less, obtain from the SBRCG additional ballots;

3) Examine the quantity and serial numbers of official ballots and other accountable forms and supplies to determine if they are the same as those recorded in the accomplished OAVF No. 14;

3.1) If the same, sign the Acknowledgment Receipt on OAVF No.14;

3.2) If not, refer the matter to the SBRCG who shall report to the COAV;

4) Accomplish Part I of OAVF No. 11;

5) Return all forms and supplies issued inside the Ballot Receptacle;

6) Seal the lid/flap of the Ballot Receptacle with a masking tape and affix their signatures thereon;

7) Deliver the sealed Ballot Receptacle to the SBRCG for safekeeping;

8) Submit one copy of OAVF No. 14 to the SBRCG and retain the other for filing;

9) Require the SBRCG to acknowledge receipt of the Ballot Receptacle by accomplishing the logbook maintained for the purpose;

10) Position the CLOAV in a conspicuous place within the premises of the polling place; and

11) Provide Ballot Secrecy Folders inside the voting area.

B. Before the start of each voting day in the presence of the SBRCG.

1) Indicate in Part I of OAVF No. 11 the serial number of the ballot box issued by the SBRCG;

2) Break the Ballot Receptacle seal;

3) Open the Ballot Receptacle;

4) Retrieve, determine and segregate the number of pads of ballots, and other forms and supplies to be used for the day. The pads of ballots shall be placed in the Envelope for Official Ballots, Counted Official Ballots, Excess Ballots, Spoiled Ballots, Torn Half of Unused Ballots, Other Half of Unused Ballots and Invalid Ballots (OAVF No. 16) and sealed with a paper seal. Thereafter, return the remaining ballots, forms and supplies inside the Ballot Receptacle;

5) Seal the lid/flap of the Ballot Receptacle again with a masking tape and affix your signatures thereon;

6) Deposit the Ballot Receptacle with SBRCG for safekeeping;

7) Require the SBRCG to acknowledge receipt of the Ballot Receptacle using the logbook maintained for the purpose; and

8) Proceed to the polling place.

C. Before the start of voting proper

1) Record the names of the watchers present, date and time of arrival, and the party or candidate they represent on Part VI of OAVF No. 11 and require them to affix their signatures;

2) Show to the public and watchers of political parties and candidates, that the seal of the envelope containing the official ballots is intact;

3) Assemble the ballot box;

4) Exhibit the ballot box to show that it is empty;

5) Affix the security seals on all side openings of the ballot box in such a way that no ballot may be removed from or placed inside the ballot box without breaking the seal. The ballot box shall remain sealed until the start of counting;

6) Indicate on the ballot box the SBEI number assigned by the SBRCG; and

7) Accomplish Part II.A of OAVF No. 11.

In succeeding days, before the start of voting, show to the public that the security seals of the ballot box are intact.

Sec. 36. Manner of obtaining ballots. –

1) The person wanting to vote approaches the Poll Clerk and gives his name and address together with other data concerning his person.

2) The Poll Clerk shall verify from the OAVF No. 2-A if his name is included therein.

2.1) If his name is included, the Poll Clerk shall ascertain the voter’s identity through his photo in OAVF No. 2-A. In the absence of the voter’s photo, require the voter to present his valid passport or any identification card bearing his photograph and signature.

In the absence of any identification documents, any member of the SBEI can identify the voter by accomplishing the Oath of an SBEI Member Identifying a Voter (OAVF No. 40-B). Such fact shall be entered in Part V of the Minutes and the accomplished OAVF No. 40-B shall be attached thereto.

If his identity still cannot be ascertained by any of the foregoing means, the person shall not be allowed to vote and he will be asked to leave the polling place.

2.2) If the identity of the voter has been ascertained or has not been challenged or having been challenged the question has been decided in his favor, direct the voter to approach the Chairman for issuance of his official ballot.

3) Before issuing the official ballot, the Chairman shall:

3.1) Announce the serial number of the ballot;

3.2) Enter in the OAVF No. 2-A, opposite the name of the voter, the serial number of the ballot;

3.3) Authenticate the ballot by affixing his signature at the back of the ballot;

Failure to authenticate the ballot shall not invalidate the ballot but the Chairman shall be liable for an election offense;

3.4) Require the voter to affix his signature in OAVF No. 2-A; and

3.5) Fold the ballot in such a manner that only the portion where the serial number of 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.

Sec. 37. Manner of voting. – Voting shall be conducted in the following manner:

1) The voter shall, using a ballot secrecy folder, fill his ballot by writing the names of the candidates/party of his choice;

2) After accomplishing the ballot, the voter shall fold it in the same manner as when he received the same;

3) The voter returns the ballot to the Third Member;

4) The Third Member, without seeing the contents of the ballot and within the view of the voter and the Chairman, verifies the serial number of the ballot coupon against the number previously entered in OAVF No. 2-A;

5) If the serial number of the ballot coupon is the same as that previously issued to him, the voter shall affix his right thumb mark in the corresponding space in the ballot coupon and in OAVF No. 2-A;

6) The Third Member shall detach the ballot coupon, deposit it in the ballot box compartment for spoiled ballots, and return the ballot to the voter;

7) The voter shall deposit the ballot inside the ballot box compartment for valid ballots; and

8) The voter shall then leave.

If during the voting, the contents of the ballot box reach 500 ballots, the SBEI shall:

a) Seal the ballot box slits;

b) Indicate on top of the ballot box the number of ballots contained;

c) Submit the ballot box to the SBRCG;

d) Request additional ballot box from the SBRCG; and

e) Accomplish Parts II.E. and II. F. of OAVF No. 11.

Sec. 38. Spoiled Ballots. – A ballot shall be considered spoiled in the following instances:

1) The serial number of the ballot coupon is not the same as previously issued to the voter; or

2) The ballot coupon has been detached not in presence of any member of SBEI; or

3) The ballot is accidentally defaced by the voter such that it can no longer be possibly used.

Sec. 39. Procedures for spoiled ballots. – The Chairman shall:

1) Without unfolding the ballot, write the word “SPOILED” at the back thereof;

2) Affix his signature below the word “SPOILED”;

3) Deposit the spoiled ballot inside the ballot box compartment for spoiled ballots;

4) Indicate the word “SPOILED” in the OAVF No. 2-A opposite the name of the voter;

5) Record the serial number of spoiled ballot in Part II d.2, D, of the OAVF No. 11;and

6) Issue another authenticated ballot to the voter only when the ballot was accidentally defaced by the voter, after announcing the serial number of the second ballot and recording the same in any portion within the space provided for the voter’s name and ballot serial number in OAVF No. 2-A.

Sec. 40. Post voting procedures. – A. At the end of every voting day,

  1. The SBEI shall:

  2. 1) Seal the ballot box slits;

    2) Accomplish Parts II.B and II.D, of OAVF No. 11;

    3) Place the unused ballots inside the envelope for official ballots;

    4) Secure from the SBRCG the Ballot Receptacle assigned to it;

    5) Remove the seal of the Ballot Receptacle and deposit therein OAVF No. 11 (two copies), the envelope containing the unused ballots and other forms and supplies;

    6) Seal the lid/flap of the Ballot Receptacle again with a masking tape and affix your signatures thereon;

    7) Submit to the SBRCG for safekeeping, the Ballot Receptacle, sealed ballot box containing the accomplished and spoiled ballots, if any, and OAVF No. 2-A; and

    8) Require the SBRCG to acknowledge receipt using the logbook maintained for the purpose.

  3. The SBRCG shall:

  4. 1) Ensure that the ballot box slits and the Ballot Receptacle are properly sealed; and

    2) Keep the Ballot Receptacle and the ballot box containing the accomplished ballots in a secured place for issuance the next day.

  5. After voting on the last day of the voting period, the SBEI Chairman shall:

  6. 1) Seal the ballot box slits;

    2) Indicate on top of the ballot box the number of ballots contained therein;

    3) Obtain from the SBRCG the Ballot Receptacle;

    4) Retrieve from the Ballot Receptacle all remaining unused ballots and accomplish Part III. C.;

    5) Tear the unused ballots in half lengthwise in the presence of the other members of SBEI and watchers, if any, and accomplish Part III. D.;

    6) Place one half of the torn ballots inside OAVF No. 16 and the other half in another OAVF No. 16;

    7) Seal both envelopes with paper seals. They shall remain sealed unless the Commission orders otherwise;

    8) Require the Third Member to accomplish Parts III. A. and III. B. of OAVF No. 11 and place the same in corresponding envelopes. Seal the envelope containing the OAVF No. 11 copy for the ballot box. The OAVF No. 11 (copy for the Commission) shall not be sealed.

    9) Submit, together with the other members of the SBEI, the following to the SBRCG:

    9.1) Sealed ballot box with accomplished ballots;

    9.2) CLOAV;

    9.3) OAVF No. 2-A;

    9.4) OAVF No. 11 (Copy for the Commission);

    9.5) Ballot Receptacle containing the following:

    OAVF No. 16;

    OAVF No. 11 (Copy for the Ballot Box); and

    Other election forms, supplies and paraphernalia.

Article VI

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POSTED: 02.08.2010 LTO