REPUBLIC ACT NO. 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 THEREFOR AND FOR OTHER PURPOSES.
Section 1. Declaration of policy. — It is the policy of the State to ensure free, orderly, honest, peaceful and credible elections, and assure the secrecy and sanctity of the ballot in order that the results of elections, plebiscites, referenda, and other electoral exercises shall be fast, accurate and reflective of the genuine will of the people. Sec. 2. Definition of terms. — As used in this Act, the following terms shall mean: 1. Automated election system — a system using appropriate technology for voting and electronic devices to count votes and canvass/consolidate results; 2. Counting machine — a machine that uses an optical scanning/mark—sense reading device or any similar advanced technology to count ballots; 3. Data storage device — a device used to electronically store counting and canvassing results, such as a memory pack or diskette; 4. Computer set — a set of equipment containing regular components, i.e., monitor, central processing unit or CPU, keyboard and printer; 5. National ballot — refers to the ballot to be used in the automated election system for the purpose of the May 11, 1998 elections. This shall contain the names of the candidates for president, vice-president, senators and parties, organizations or coalitions participating under the party-list system. This ballot shall be counted by the counting machine; 6. Local Ballot — refers to the ballot on which the voter will manually write the names of the candidates of his/her choice for member of the House of Representatives, governor, vice-governor, members of the provincial board, mayor, vice-mayor, and members of the city/municipal council. For the purpose of the May 11, 1998 elections, this ballot will be counted manually; 7. Board of Election Inspectors — there shall be a Board of Election Inspectors in every precinct composed of three (3) regular members who shall conduct the voting, counting and recording of votes in the polling place. For the purpose of the May 11, 1998 elections, there shall be special members composed of a fourth member in each precinct and a COMELEC representative who is authorized to operate the counting machine. Both shall conduct the counting and recording of votes of the national ballots in the designated counting centers; 8. Election returns — a machine-generated document showing the date of the election, the province, municipality and the precinct in which it is held and the votes in figures for each candidate in a precinct directly produced by the counting machine; 9. Statement of votes — a machine-generated document containing the votes obtained by candidates in each precinct in a city/municipality; 10. City/municipal/district/provincial certificate of canvass of votes — a machine-generated document containing the total votes in figures obtained by each candidate in a city/municipality/district/ province as the case may be; and 11. Counting center — a public place designated by the Commission where counting of votes and canvassing/consolidation of results shall be conducted. Sec. 3. Qualifications, rights and limitations of the special members of the Board of Election Inspectors. — No person shall be appointed as a special member of the board of election inspectors unless he/she is of good moral character and irreproachable reputation, a registered voter, has never been convicted of any election offense or of any crime punishable by more than six (6) months imprisonment or if he/she has pending against him/her an information for any election offense or if he/she is related within the fourth civil degree of consanguinity or affinity to any member of the board of election inspectors or any special member of the same board of Election...
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