RULE 2OVERSEAS ABSENTEE REGISTRATION
PART IV APPLICATION TO VOTE IN ABSENTIA
Art. 24. Manner, period and procedure for the filing of applications to vote in absentia. - An application to vote in absentia shall be filed simultaneously with the application for registration/certification.
A registered overseas absentee voter may, within one hundred sixty (160) days before the day of the elections, file a letter under oath to the Commission through the Committee requesting that his/her place of voting be changed from that indicated in his/her application to vote in absentia to the voting place specified in his/her letter.
For purposes of the May 10, 2004 elections, a registered overseas absentee voter may file said letter-request not later than December 2, 2003.
The Committee, through its Validation Group, shall act on all applications not later than one hundred fifty (150) days before the day of the elections, observing the following procedure:
- Check whether the name of the applicant appears in the National Registry of Absentee Voters.
- Recommend to the Commission the approval of the application if, after verification, the applicant's name is included in the National Registry of Absentee Voters.
- Recommend to the Commission the disapproval of the application if the name of the applicant does not appear in the National Registry of Absentee Voters.
In case of disapproval, the Commission through the Committee shall, within three (3) days from disapproval of the application, send a notice of disapproval to the applicant or to his/her authorized representative by registered mail or by any other faster means of communication.
For purposes of the May 10, 2004 elections, the Committee shall act on all applications to vote in absentia not later than December 12, 2003.
Art. 25. Motion for reconsideration. - Any person whose application to vote in absentia has been disapproved may file a motion for reconsideration with the Commission through the Committee within ten (10) days from receipt of the notice of disapproval.
Within five (5) days from receipt of the motion for reconsideration, the Commission through the Committee shall act on the motion and immediately notify the voter of its decision.
The decision of the Commission as recommended by the Committee shall be final and executory.
Art. 26. Printing and distribution of copies of approved applications to vote in absentia. - The Committee shall print and distribute the copies of the approved applications to vote in absentia as follows:
- First copy to the embassy, consulate and other foreign service establishment concerned, specifically to the Special Ballot Reception and Custody Group referred to in Article 31 of these Rules;
- Second copy to be retained by the Commission;
- Third copy to the Office of the Election Officer; and
- Fourth copy to the registered overseas absentee voter.
The second copies for the Commission of the approved applications to vote in absentia shall be in the custody of the Registration Division of the Elections and Barangay Affairs Department (EBAD) of the Commission.
Art. 27. Preparation and posting of the certified list of overseas absentee voters. - The Certified List of Overseas Absentee Voters, containing the names of overseas absentee voters whose applications to vote in absentia have been approved, shall be prepared by the Committee on a country-by-country basis, and shall be approved by the Commission En Banc before every elections but not later than one hundred twenty (120) days before the day of the elections.
Upon approval by the Commission En Banc of the Certified List of Overseas Absentee Voters, the Commission through the Committee shall, within the same 120-day period, furnish two (2) copies thereof to the appropriate embassies, consulates and other foreign service establishments which shall use one (1) copy during the voting period and post one (1) copy of the said list in their bulletin boards, websites, and in other conspicuous areas.
The Commission through the Committee shall also furnish copies of the Certified List of Overseas Absentee Voters to the designated representatives of the six (6) major political parties as determined by the Commission in the immediately preceding national elections and each accredited citizens' arms.
Interested parties may obtain copies of the Certified List of Overseas Absentee Voters subject to reasonable regulations and the payment of prescribed fees.
For purposes of the May 10, 2004 elections, the Certified List of Overseas Absentee Voters shall be approved by the Commission En Banc not later than January 11, 2004.
Art. 28. List of Overseas Absentee Voters with Voting Records. - In case of personal voting, the Committee shall prepare a List of Overseas Absentee Voters with Voting Records, containing the names of Overseas Absentee Voters with their digital photos and thumbprint and appropriate spaces for ballot serial number, thumb mark, signature of the voter and signature of the Chairman of the Special Board of Election Inspectors.
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