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CASTING AND COUNTING OF VOTES  Watchers should stay at their designated space

and NOT to enter places for voters or BEI and


A. EFFECTS OF THE LAW ON AUTOMATED ELECTIONS mingle with voters within the polling place.
 Automated Election Law (RA 9639)  It is UNLAWFUL for AFP officials (including PNP),
- COMELEC shall promulgate rules and regulations home defense units, barangay tanods, and
for the implementation and enforcement of the Act other para-military forces to enter or stay inside
- COMELEC is authorized to prescribed other any polling place but in such case, they should
manner or procedure for the consolidation and leave immediately, and except when there is an
canvassing of votes as technology evolves actual disturbance of the peace and order.
- Omnibus Election Code would still be the  BEI, upon majority vote, entered in the minutes,
reference and would be compared with its and in writing, may state the detail of police or any
counterpart provisions peace officer for their protection and the election
B. MANDATED VOTING HOURS paraphernalia, and stay outside the polling place
 7:00 am – 3:00 pm, EXCEPT when voters present within the 30m radius near enough to easily called
within 30m in front of the pooling place not yet casted by the BEI, but never at the door, and they are not
their vote in which case the voting shall continue but allowed to talk with the voters or disturb or
only to allow said voters to cast their votes without prevent or obstruct their free access to the polling
interruption place.
 Poll clerk shall prepare the list of the names of the D. MANNER OF OBTAINING BALLOTS
voters consecutively numbered, and would be  Voter shall approach the chairman and shall give his
announced thrice in the order they are listed name and address with other data.
 In absence of fraud, keeping polls open and allowing  When in doubt of identity, voter should present ID or
voters to cast their votes beyond the hour prescribed if he doesn’t have any, BEI would refer to the
will not annul the election photograph and signature in the voter’s application
- Election inspection would be liable in violation of  Chairman would distinctly announce the voter’s name
what is prescribed in the law to be heard throughout the polling place.
C. PERSONS ALLOWED IN AND AROUND THE POLLING  Voter would affix his signature on the space provided
PLACE in the voting record.
 Members of the Board of Election Inspectors (BEI)  Chairman would deliver to the voter one ballot
 Watchers correctly folded.
 COMELEC representatives E. MANNER OF PREPARING THE BALLOT
 Voters casting their votes  Voter proceeds to the voting booth and fill the ballot
 Voters waiting for their turn to get inside the booths with his desired candidates on proper spaces
 Voters waiting for their turn to cast their votes not provided.
exceeding 20 at any one time  No voter should be allowed to enter a booth occupied
by another, or enter the same accompanied by
somebody, or to stay there for a longer time, or speak  In presence of the BEI, voter’s thumb mark is affixed
with anyone while inside the polling place. on the corresponding pace in the coupon and deliver
 Preparing the ballot outside the voting booth, the folded ballot to the chairman.
exhibiting the ballot’s contents to another, and  Chairman, without unfolding the ballot, shall verify the
intentionally tear or deface such or by putting a number from the voting record where it was
distinguishing mark, using carbon paper paraffin previously entered.
paper, or other materials on copy-making, are  Voter shall affix his thumb mark by the side of the
unlawful. signature and the chairman would apply indedible ink
F. PREPARATION OF BALLOTS FOR ILLITERATE AND on the right forefinger nail or any available finger nail.
DISABLED PERSONS  Chairman would detach the coupon in the presence of
 may be assisted by a relative by affinity or the BEI and the voter, depositing the ballot to the valid
consanguinity within the 4th civil degree, or if he has ballot compartment and the coupon for the spoiled
none, any person of his confidence who belong to the ballots.
same household, or a member of the BEI, except 2 I. CHALLENGE OF ILLEGAL VOTERS
party members  An illegal voter is a voter either not registered, uses
 No voter shall be allowed to vote as illiterate or the name of another or suffering from existing
physically disabled unless indicated in the registration disqualification.
record.  BEI would satisfy itself as to see whether the ground
 The assistor shall not assist more than 3 times except for challenge is true by requiring proof of registration
the non-party members of the BEI. or the identity of the voter.
G. SPOILED BALLOTS  No affidavit shall be required unless his identity is
 Defaced ballot challenged.
 If voter accidentally spoils or defaces a ballot, that it J. CHALLENGE BASED ON CERTAIN ILLEGAL ACTS
cannot be lawfully be used, voter must surrender such  Voter may be challenged due to:
ballot folded to the chairman who shall note in the - receiving or expects to receive, paid or promise to
corresponding space on such ballot. be paid, contributed or promised to contribute
 No voter shall change his ballot more than TWICE. money or anything in consideration
 The spoiled ballot would be distinctly be marked with - received a promise to influence the giving or
the word “spoiled” and signed by the BEI and withholding of any vote
immediately placed in the compartment for spoiled - betting in any kind depending on the result of the
ballots. election
H. VOTING  Voter must take a prescribed oath before the BEI that
 After filling up, voter must fold the ballot the same he has not committed any acts alleged in the challenge.
manner as when he received it and returned to the  With the oath, voter is allowed to vote and challenge is
chairman. dismissed.
 In case of refusal of oath, challenge shall be sustained was erroneously deposited during the voting, or that
and voter shall not be allowed to vote. any excess or marked ballot has been erroneously
K. COUNTING OF VOTES deposited, BEI would open the compartment after the
 PUBLIC and WITHOUT INTERRUPTION voting and before the counting of the votes to draw out
 BEI would publicly count in the polling place the votes the ballots erroneously deposited.
cast and ascertain the results. M. COUNTING PROCEDURE
 It must be done only in the presence of the watchers  BEI would unfold the ballots and form separate piles
and within close view of the public. of 100 ballots each with folders.
 All election paraphernalia shall be in close view of the  Chairman shall take the ballots of the first pile one by
watchers and the public. one and read the names of the candidates voted and
 BEI shall not adjourn, postpone, or delay the count offices where they are voted.
until it was fully finished or completed, unless  Chairman signs and affix his right thumb mark at the
otherwise ordered by COMELEC. back of the ballot immediately after it is counted.
 COMELEC may authorize the BEI to count the votes  Poll clerk shall record the election returns and the
and accomplish the election return and other forms in tally board or sheet as the names voted for each office
any other place within the public building in the same are read.
municipality or city on account of imminent danger of  Each vote shall be recorded vertically, except every 5th
widespread violence. vote which would be recorded diagonally crossing the
 Transfer must be made in writing by the BEI by previous 4 vertical lines.
unanimous vote and endorsed in writing by the  Party member sees to it that chairman reads the vote
majority of the watchers present. as written on the ballot, and another shall check the
 Said public building where the counting would take recording of the votes on the tally board/sheet and
place must not be located within the perimeter or election returns.
inside a military camp or within prison or detention  After the 1st pile, BEI shall determine the total number
premises. of votes recorded, sum being noted on the tally
 OBJECTIVE: give no opportunity to malicious-minded board/sheet and on the election returns.
persons to tamper with the ballot box and its contents  After all votes are summed up, counted ballots are
and thwart the expression of the true will of the then put inside an envelope provided, close signed,
electorate. and deposited in a compartment of valid votes.
L. BEI ON EXCESS AND MARKED BALLOTS AND ON THE  COMELEC would prescribe the procedure and the
COMPARTMENT OF SPOILED BALLOTS manner of counting of votes under the automated
 BEI must comply with the Election Code on the system.
instructions concerning excess and marked ballots,
and the compartment for spoiled ballots.
 Ballots inside the compartment are presumed to be
spoiled ballots but if the BEI should find that any ballot

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