Casting Of Votes.docx

CASTING OF VOTES A. Method of voting Can the voter vote through a proxy or representative? 

No. The voter must vote in person and must personally deposit his ballot.

How many times can he vote?  Each voter shall vote only once, at any election, for each office or measure to be voted for. Does the voter need to vote the whole ticket?  No. He need not vote for every office to be filled nor for every one of such several joint candidates for the same office, but he may vote for such offices as he chooses and for such of the several persons to be chosen to the same office as he prefers Is absentee voting allowed? 

Yes. Absentee voting shall apply to the elections for President, Vice-President and Senators only.

Who are allowed to vote through absentee voting?  Only the members of the AFP and the PNP and other government officers who are duly registered voters and who, on election day may temporarily be assigned in connection with the performance of election duties to places where they are not registered voters, and  All citizens of the Philippines abroad who are not otherwise disqualified by law, at least 18 years of age on the day of the election, may vote President, VicePresident and Senators and party-list representatives. B. Voting Hours When does the casting of votes start and end? 

The casting of votes shall start at 7 o’clock in the morning and end at 3 o’clock in the afternoon, except when there are voters present within 30 meters in front of the polling place who have not yet cast their votes, in which case the voting shall continue but only to allow said voters to cast their votes without interruption.

What is the duty of the poll clerk? 

The poll clerk shall prepare a list of the names of the voters and the voters so listed shall be called to vote by announcing each name repeatedly three times in

the order in which they are listed. Any voter in the list who is not present when his name is called out shall not be permitted to vote. C. Manner of preparing the ballot What shall the voter do after receiving his folded ballot? 

He shall forth-with proceed to one of the empty voting booths and shall there fill his ballot by writing in the proper space for each office the name of the individual candidate whom he desires to vote.

What are the prohibited acts while in the polling place?  To enter a booth occupied by another voter, except as otherwise allowed, nor stay therein for a longer time than necessary, nor speak with anyone other than as provided by law while inside the polling place. 

To prepare the ballot outside the voting booth or to exhibit its contents to any person, or to erase any printing from the ballot or to intentionally tear or deface the same or put thereon any distinguishing mark.



To use carbon paper, paraffin paper or other means for making a copy of the contents of the ballot or to make use of any other means to identify the vote of the voter.

May voters who are illiterates and disabled be assisted?  Yes. Who may assist them in the preparation of their ballots?  A relative by affinity or consanguinity within the fourth civil degree, or,  If he has none, by any person of his confidence who belongs to the same household  Or any member of the board of election inspectors, except the two party members. What are the rules in assisting illiterate or physically disabled voters?  No voter shall be allowed to vote as illiterate or physically disabled unless it is so indicated in his registration record.  In no case shall an assistor assist more than 3 times except the non-party member of the board if election inspectors. The person thus chose, shall prepare the ballot for the illiterate or disabled voter inside the voting booth.  The person assisting shall bind himself in a formal document under oath to fill out the ballot strictly in accordance with the instructions of the voter and not to reveal the contents of the ballots prepared by him. Violation of this requirement shall constitute an election offense.

D. Spoiled ballots What is a spoiled ballot?  It is a ballot which a voter has accidentally spoiled or defaced in such a way that it cannot lawfully be used. What should be done with the spoiled ballot?  The voter shall surrender it folded to the chairman who shall note in the corresponding space in the voting record that the ballot is spoiled. 

The spoiled ballot shall, without being unfolded and without removing the detachable coupon, be distinctly marked with the word “spoiled” and signed by the board of election inspectors or the indorsement fold thereof and immediately placed in the compartment for spoiled ballot.

Is the voter entitled to another ballot after surrendering he spoiled ballot?  Yes. The chairman shall give him another ballot after announcing the serial number of the second ballot and recording said serial number in the corresponding spaces in the voting record. What if the second ballot is again spoiled or defaced?  The same shall be surrendered to the chairman and recorded in the same manner as the first spoiled or defaced ballot. However, no voters shall change his ballot more than twice. E. Voters in cities What are the restrictions for registered voters of a highly urbanized city?  They shall not vote for provincial officials of the province in which it is located. No component city shall be declared or classified as highly urbanized city within 60 days prior to a local election How about for registered voters of a component city?  They shall be entitled to vote in the election for provincial officials of the province to which it is a part, unless its charter provides otherwise. F. Voting What shall the voter do after he has filled up his ballot? 1. He shall fold it in the same manner as when he received it and return it to the chairman 2. In the presence of all members of the board of election inspectors, he shall affix his thumbmark on the corresponding space in the coupon, and deliver the folded ballot to the chairman.

3. The chairman, in the presence and view of the voter and all the members of the board of election inspectors, without unfolding the ballot or seeing its contents, shall verify its number from the voting record where it was previously entered. 4. The voter shall forthwith affix his thumbmark by the side of his signature in the space intended for that purpose in the voting record and the chairman shall apply silver nitrate and commassie blue on the right forefinger nail or any other available finger nail, if there be no forefinger nail. 5. The chairman shall sign in the proper space beside rge thumbmark of the voter. The absence of the signature of the chairman in the ballot given to a voter as required as proof of the authenticity of the ballot is fatal. This requirement is mandatory for the validity of said ballot. 6. The chairman, after finding everything to be in order, shall them detach the coupon in the presence of the board of election inspectors and of the voter and shall deposit the folded ballot in the compartment for valid ballots and the detached coupon in the compartment for spoiled ballots. 7. The voter shall then depart. 8. Any ballot returned to the chairman whose detachable coupon has been removed not in the presence of the board of election inspector and of the voter, and any ballot whose number does not coincide with the number of the ballot delivered to the voter, as entered in the voting record, shall be considered as spoiled and shall be so marked and signed by the members of the board of election inspectors. MAY 2010 AUTOMATED ELECTIONS: Voters inserted the ballot to the Precint Court Optical Scan (PCOS) machines, waiting until the ballot was dropped. The machine would confirm that the ballot has been accepted.

F. Challenge of illegal voters Who may challenge illegal voters?  Any voter or watcher On what grounds may illegal voters be challenged?  Voting while not being registered  Using the name of another  Not suffering from existing disqualification What shall the board of election inspectors do?  It shall satisfy itself as to whether or not the ground for the challenge is true by requiring proof of registration of the identity of the voter. Shall the voter be required to present his voter’s affidavit on election day?  No, unless his identity is challenged. However, his failure or inability to produce his voter’s affidavit upon being challenged, shall not preclude him from voting if his identity be shown from the photograph, fingerprints or specimen signatures in

his approved application in the book of voters or if he is identified under oath by a member of the board of election inspectors and such identification shall be reflected in the minutes of the board. G. Challenge based on illegal acts What are the grounds to challenge voters based on illegal acts?  That the challenged person has received or expects to receive, has paid, offered or promised to pay, has contributed, offered or promised to pay, or to contribute money or anything of value as consideration for his vote of another  That he has made or received a power to influence the giving or withholding of any such voter  That he has made a bet or is interested directly or indirectly in a bet which depends upon the result of the election. What shall the challenged person do?  He shall take a prescribed oath before the board of election inspectors that he has not committed any of these acts alleged in the challenged. Upon the taking of such oath, the challenge shall be dismissed and the challenged voter shall be allowed to vote.  In case of his refusal to take such oath, the challenge shall be sustained and he shall not be allowed to vote. Is the admission of the challenged vote conclusive upon any court?  No. It shall not be conclusive upon any court as to the legality of the registration of the voter challenged or his vote in criminal action against such person for illegal registration or voting. H. Records or statements to be prepared and kept What are the records or statements that shall be prepared and kept?  The records of challenge and voters and oaths taken in connection therewith and the resolution of the board of election inspectors.  The minutes of voting and counting of votes in four copies, prepared and signed by the board of election inspectors to be distributed as follows: o Original copy to the city or municipal election registrar o Deposited inside the compartment for valid ballots of the ballot box o Two copies to the representatives of the accredited political parties  The list of unused ballots with serial numbers o The list shall be signed by all the members of the board of election inspectors, after which the unused ballots shall be torn halfway in the presence of the members of the board of election inspectors.