PROTECTING THE PEOPLE’S VOTE
A PowerPoint Presentation by Atty. MEHOL K. SADAIN
THE DARK SIDE OF ELECTIONS
Election fraud is multi­faceted. It starts at the registration of new voters and extends to the litigation of election disputes. In between, it affects voting, counting of votes, canvassing of election results and proclamation of winning candidates.
It involves power­hungry politicians, and bribe­prone government officials from the COMELEC, the PNP/ military and the LGUs.
R.A. 8436, Sec. 1
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. R.A. 9369, Sec. 1
It is the policy of the State to ensure free, orderly, honest, peaceful, credible and informed elections, plebiscites, referenda, recall and other similar electoral exercises by improving on the election process and adopting systems, which shall involve the use of an automated election system that will ensure the secrecy and sanctity of the ballot and all election, consolidation and transmission documents in order that the process shall be transparent and credible, and that the results shall be fast, accurate and reflective of the genuine will of the people. R.A. 8189, Sec. 2 It is the policy of the State to systematize the present method of registration in order to establish a clean, complete, permanent and updated list of voters. BASIC RULES
1. Only QUALIFIED VOTERS make up the ELECTORATE.
2. Only QUALIFIED VOTERS can VOTE by filling up a BALLOT in SECRECY. 3. A QUALIFIED VOTER can cast only ONE BALLOT by VOTING ONCE.
BASIC RULES
4. The VOTE COUNT should REFLECT ACCURATELY the TRUE VOTES of all QUALIFIED VOTERS who voted.
5. The VOTE CONSOLIDATION should REFLECT ACCURATELY the TRUE VOTE COUNTS.
6. The HIGHEST VOTE CONSOLIDATION determines the WINNER/S in the election.
COMMON MODES OF ELECTION FRAUD
PRE­ ELECTION
> Tampering of voters’ lists by either unlawfully adding or deleting names.
> Disenfranchisement by juggling names in voters’ lists.
> Creating ghost precincts to accommodate padded voters’ lists. COMMON MODES OF ELECTION FRAUD
ELECTION DAY/ COUNTING
> Substitute voting at the precinct level.
> Disenfranchisement by preventing legitimate voters from voting.
> Ballot box snatching and substitution of ballots before they are counted.
COMMON MODES OF ELECTION FRAUD
> Misreading or wrong tallying of votes during counting and preparation of the election returns (ER Dagdag­Bawas)
> Erroneous preparation of election returns and election return switching
> Inclusion in election returns of ghost votes from ghost precincts. COMMON MODES OF ELECTION FRAUD
POST­ELECTION DAY/ CANVASSING
> Erroneous consolidation of votes on the certificates of canvass during canvassing (COC Dagdag­Bawas)
> Switching of certificates of canvass before canvassing at the next higher level
> Canvassing of tampered/ bogus Election Returns/ Certificates of Canvass
COMMON MODES OF ELECTION FRAUD
PROCLAMATION
> Proclamation of losing candidates using tampered COCs and Certificates. POST­PROCLAMATION
> Switching ballots/ERs/COCs in ballot boxes.
SOME LIMITATIONS/ DRAWBACKS INHERENT TO THE COMELEC & THE ELECTORAL LEGAL SYSTEM
 COMELEC field officials are by law, housed by LGUs.
 Only two plantilla positions per municipality, the EO and the EA. As such they tend to be overworked and prone to external influence.
 Distance and procedural requirements make it difficult for COMELEC En Banc to immediately resolve legal issues arising during elections.
 Tally sheets, the most accurate depiction of the precinct count, are immediately locked in the ballot boxes after the counting of votes.
 The law requires stage by stage canvassing, leading to opportunities for Dagdag­Bawas.
WHAT CAN CITIZENS DO TO PROTECT THEIR VOTE
 KNOWLEDGE
Participate in elections and voters’ education programs.
 INTEGRITY
Protect the integrity of the ballot by guarding the polls during voting, counting and canvassing.
 VIGILANCE
Report election irregularities and correct election results.
HALALANG MARANGAL
(HALAL)
Adopts a Network Of Citizens for Honest Elections And Truthful Statistics (NOCHEATS) through vigilant poll­
watching and reporting via SMS or internet of disaggregated precinct­based results which will enable people accessing the HALAL website to audit the vote count. THANK YOU
End of Presentation
Prepared by MEHOL K. SADAIN and JAMEELA S. SADAIN