Technical implications of Poes disqualification case

January 19, 2016 9:13 pm

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by LITO AVERIA

The Commission on Elections (Comelec) had set out a project plan which enumerates activities to
be undertaken with corresponding deadlines necessary for the preparation of the automated election
system (AES) that will be used for the 2016 National and Local Elections.
Among these activities is the printing of ballots which was supposed to start in January 2016. The
final list of voters and the final list of candidates aspiring for national and local elective posts are
required for the preparation of the ballots.
The final list of voters is necessary so that the Comelec can determine the number of vote counting
machines (VCM), erstwhile known as precinct count optical scan (PCOS), which will be deployed
nationwide. The voters list is also used as basis for determining the number of ballots that will be
used in each voting precinct.
The Comelec also sought to complete and finalize the list of candidates for the 2016 elections with
deadline set last December 2015. The Comelec had weeded out what it deemed to be nuisance
candidates and resolved disqualification cases filed before it.
The complete and finalized list of candidates aspiring for various national and local positions is
necessary in order for the Comelec to design the ballot faces, start printing the ballots, and finalize
the configuration of the VCM and the machines that will be used with the canvassing and
consolidation system (CCS).
The most prominent disqualification case filed before the Comelec challenged the candidacy of
Senator Grace Poe who is aspiring for the presidency. Last December 23, 2015, the Comelec en
banc ordered the cancellation of Sen. Poes Certificate of Candidacy based on citizenship issues
and on her failure to meet the constitutional requirement of a 10-year residency for presidential
aspirants.
Sen. Poe filed petitions for the review of Comelec en bancs decisions with the Supreme Court and
was able to secure a temporary restraining order stopping the Comelec from implementing its
decisions. Oral arguments for Sen. Poes petition was set for yesterday January 19, 2016.

The Comelec has, in the meantime, retained Sen. Poes name on the list of candidates and put on
hold designing and printing the ballots. The Comelec cannot also produce the final configuration of
the VCM and CCS machines.The Comelec will have to determine the absolute datesfor these
activities to start and plan for contingencies.
A final decision by the Supreme Court coming before the absolute date will not further complicate
subsequent Comelec activities. A dismissal would simply mean the removal of Sen. Poes name
from the list of presidential aspirants. On the other hand, Sen. Poes name will be retained on said
list if the Supreme Court decides in her favor. The Comelec can then proceed with designing the
ballot and start printing the same.
A final decision upholding Sen. Poes candidacy after the absolute date will only mean that Comelec
can complete the printing of the ballots with her name on them, assuming her name has been
retained on the list of presidential aspirants.
A final decision by the Supreme Court disqualifying Sen. Poe from the presidential race after the
absolute date, however, will require the Comelec to have the VCM and the CCS machine
configuration changed or apply changes to VCM and CCS programs since Sen. Poes name will
appear on the ballots.
Leaving the VCM and CCS configuration and programs unchanged will mean that vote marks for
Sen. Poe will be counted, consolidated, and printed.
The printing of any vote count result and any consolidation result for Sen. Poe will have to be
suppressed. No one would want to see the vote count results for a disqualified candidate specially if
that candidate lands on the top spot in any electoral contest!
Print suppression is not a simple case of configuration change. It will require changes to the VCM
and CCS program. A program modification in any of the AES programs would require a review of the
program source code to ensure that other parts of the programs are not affected. The corresponding
executable code will then have to be regenerated. But a source code not reviewed would mean noncompliance with the requirement of the Automated Election Law.
Lets face IT. Unresolved disqualification cases negatively impact AES project schedules and the
VCM and CCS configuration and programs. The Comelec has to set out a plan that will resolve
technical implications in the event that the Supreme Courts final decision disqualifying Senator Poe
comes after the absolute date set by the Comelec to start designing and printing the ballots. It is
reminiscent of the CF card recall in 2010. But this time it is not only a case of ballot configuration
change but a modification of the VCM and CCS programs that will be required.