PRIMER ON THE ABSENTEE VOTING BILL

 

 

 

 

Q: What is the so-called system of Absentee Voting?

 

A:      It is a political exercise whereby all overseas Filipinos, who temporarily reside abroad, are allowed to participate in the electoral processes of the country, upon compliance with the prescribed legal requirements.

 

 

Q: What is the legal basis for the absentee voting system?

 

A:      Section 2, Article V of the 1987 Constitution specifically mandated Congress to pass an absentee voting law, thus:

 

“Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad.”

 

 

Q: Why is there a need for an absentee voting system?

 

A:      The right to suffrage is constitutionally guaranteed.  Relying on the principles of justice and equity, the absentee voting system would make it possible for all Filipinos abroad, who have been effectively deprived of the right to suffrage, to exercise said right.

 

 

 

FEATURES OF THE PROPOSED ABSENTEE VOTING BILL

 

I. COVERAGE

 

Q: How many Filipinos abroad will be benefited by the proposed Absentee Voting system?

 

A:      The combined records of the DFA, POEA and the Commission on Filipinos Overseas as of December 2000, estimates that about 7.38 million Filipinos abroad would benefit from the implementation of the absentee voting system.

 

Of this number, 2.99 million consists of Overseas Filipino Workers; 2.55 million are immigrants, and the remaining 1.84 million are considered irregular or undocumented.

 

The figure does not include those who are abroad either as trainees or students, cultural exchange program participants, tourists, members of our Foreign Service Corps and regional or international organization representatives.

 

 

Q: Who are qualified to vote?

 

A:      All Filipino citizens abroad, who are not otherwise disqualified by law, and at least eighteen (18) years of age on the day of the election may vote in their respective residences abroad, subject to compliance with certain conditions imposed in this Act.

 

          Immigrants and permanent residents who have not renounced their Philippine citizenship will also be entitled to vote.

 

 

Q: Who are not allowed to vote?

 

A: The following persons are disqualified from voting:

 

1.     Those who have renounced their Filipino citizenship and who have pledged allegiance to a foreign country;

2.     Those who have lost their Filipino citizenship;

3.     Any Filipino abroad who has been sentenced by final judgment by a Philippine court or tribunal to suffer imprisonment of not less than one (1) year, and such disability not having been removed by plenary pardon or amnesty; and

4.     Those previously declared insane or incompetent by competent authority. (Section 3)

 

 

Q:  In what electoral exercises are absentee voters qualified to vote?

 

A:      Qualified absentee voters are allowed to vote in the following:

 

1.     National elections for:

a)     president;

b)      vice-president;

c)      senators; and

d)     party-list representatives.

2.     Referenda and plebiscites that involve issues of national significance. (Sec. 2.)

 

 

 

 

 

Q: What are the conditions imposed for voting?

 

A:      A qualified absentee voter must be a registered voter of the city or municipality where he is domiciled prior to his departure from the Philippines. (Sec. 4)

 

 

Q: How may a qualified absentee voter register?

 

A:      A qualified absentee voter may file his application for registration:

1)     personally with the Commission on Elections; or

2)     mail 

a)     Commission; or

b)      through the embassies and consulates of the country which has jurisdiction of the country where he temporarily resides.

 

          The application for registration must be duly accomplished in the form prescribed by the Commission, containing therein all the necessary information required, together with a photocopy of a valid Philippine passport.

 

          In the case of seafarers, they are also required to submit a photocopy of their valid Seaman’s Book.

 

 

Q: Where will the absentee voters get the application forms?

 

A:      Application forms for registration are available from any of the Philippine Embassies and Consulates, or from the Commission.

 

 

Q: When should an application for registration be filed?

 

A:      All applications should be received by the Commission not later than one hundred eighty (180) days before the date of elections. Those received after said date will not be considered and processed.

 

For the May 2004 elections, however, all applications should be received by Commission not later than two hundred ten (210) days before the elections. A longer period is provided to allow the Commission sufficient time to make the necessary preparations in coping up with the anticipated high number of new registrants for the said elections.

 

 

 

 

 

 

 

Q: Since registration takes place here and abroad, are there any safety measures to prevent possible double registration and multiple voting?

 

A:      Yes.  By maintaining a separate registry for duly registered absentee voters, the likelihood of double registration, multiple voting, as well as proxy voting is effectively minimized.  Once an application of an absentee registrant is approved, it shall also be included in the permanent list of voters of the city or municipality where the registrant is domiciled, with the corresponding annotation that such person has been registered or will be voting in absentia.  Both the entries in the absentee voters’ registry and annotations in the Certified Voters List are permanent and cannot be cancelled or amended except through a special process to be prescribed by the COMELEC.

 

 

Q: What are the requirements for voting in absentia?

 

A:      A duly registered Filipino abroad should file a sworn written application to vote in absentia in the form prescribed by the Commission, or with the diplomatic or consular officers authorized by the aforementioned office.  The application shall contain the following mandatory information:

 

a)     Place of residence abroad;

b)      Applicant’s mailing address outside the Philippines;

c)      In case of duly registered seafarers, the application should indicate the country of the next Port of Call of the seafarer and the Philippine embassy or consulate where the said seafarer will personally claim the ballot.

d)     The Commission may also require such other relevant data or information as may be necessary to facilitate the process.

 

In addition, he must also submit together with the application to vote, the following documents:

 

a)     Absentee Voter’s Registration Receipt;

b)      Photocopy of valid Philippine passport, showing applicant’s photo, name, and other personal circumstances. In case of seafarers, a photocopy of a valid Seaman’s Book shall also be required.

 

 

Q: When should the application to vote in absentia be filed?

 

A:      All applications to vote should be received by the Commission not later than one hundred fifty (150) days before the date of election. Those received thereafter will not be considered.

 

For purposes of the May, 2004 elections, however, all applications should be received by the Commission not later than one hundred (180) days before the date of election.

 

 

Q: How is an application to vote in absentia sent?

 

A:      An application to vote may be filed by the applicant:

1)     personally; or

a)     a diplomatic or consular official; or

b)      a non-government organization; or

c)      a Philippine association duly deputized by the Commission.

2)     by mail

a)     diplomatic or consular office in the country where he is located; or

b)      if no such office is established in that country, then to the Commission’s central office in Manila.

 

 

Q: Who approves the applications for registration and applications to vote in absentia?

 

A:      The Commission has the exclusive power and authority to approve both applications. The embassies and consulates merely serve as conduits to facilitate the absentee voting processes.

 

 

Q: How is the ballot sent to the absentee voter?

 

A:      The ballot is sent by the Commission directly to the voter’s mailing address as indicated in his application to vote in absentia, or coursed through the missions, embassies and consulates  of the Department of Foreign Affairs and forwarded to the voter by mail or any other means.

 

 

Q: When are the ballots sent abroad?

 

A:      It depends. If the ballots along with such materials and election paraphernalia are sent by diplomatic pouch to the diplomatic and consular offices, then they should be sent not later than ninety (90) days before the date of election.  Upon receipt thereof by the designated diplomatic or consular officer, he shall immediately forward the same to the qualified absentee voters at their preferred address not later than seventy-five (75) days before the date of the election.

 

In case of direct mail to the absentee voter, the ballot and other materials and election paraphernalia  should be sent by the Commission at their preferred mailing address not later than sixty 60 days before the date of the election. (Sec. 13)

 

 

Q:  When is an absentee voter allowed to cast his vote?

 

A:      An absentee voter shall be entitled to cast his vote not later than thirty (30) days before the date of the election, either directly to the Commission, or through the diplomatic or consular office concerned.  If it is coursed personally or by registered mail through the diplomatic or consular office, the latter should receive the same not later than thirty (30) days before the date of election. (Sec. 13, par. 4, Id.)

 

 

Q: How may an absentee voter cast his vote?

 

A:      An absentee voter may cast his ballot personally or by registered mail. He may send his ballot directly to the Commission or coursed it through the embassies and consulates, which have jurisdiction over the country where he sojourns. (Sec. 13, Par. 2.)

 

 

Q: How do we ensure that those who will be voting abroad are bona fide voters?

 

A:      The Commission shall prepare a certified list of absentee voters ninety (90) days before a regular or special election and furnish copies thereof to all embassies and consulates or, when there are no such offices, to accredited Filipino associations or organizations abroad.

 

For purposes of the May, 2004 elections, the certified list of absentee voters should be available not later than one hundred twenty (120) days before the date of the election. Copies of the certified list of absentee voters shall be posted in the embassies and consulates or in such places as may be determined by the Commission. Subject to the payment of fees in such amount as may be fixed by the Commission, the candidates, heads of political parties and accredited citizens’ arm shall be furnished copies thereof.

 

 

 

Q: Is campaigning abroad allowed? What are the limitations, if any?

 

A:      Any candidate or political party may send to the absentee voters their respective campaign materials. No other form of campaigning, whether direct or indirect shall be allowed. The regular campaign periods shall be observed.

 

 

 

 

 

 

 

II. COUNTING AND CANVASSING

 

Q: Where will the absentee votes be counted and canvassed?

 

A:      The votes shall be counted in the central office of the Commission at a counting center duly designated for the purpose.  For said purpose, the Commission shall constitute as many special boards of election inspectors as may be necessary to supervise the counting.

 

For canvassing, a special board of canvassers composed of a director of the Commission as Chairman, officers of equivalent rank in the Departments of Justice and Education, as vice-chairman and member-secretary, respectively, shall be constituted to canvass the election returns submitted to it by the board of election inspectors.

 

 

Q: What ballots will be counted?

 

A:      Only ballots received by the Commission or its duly authorized deputy not later than three (3) days before the date of the election shall be included in the counting of votes. Those received afterwards shall not be counted.

 

Also, those ballots transmitted that are not contained in the specially marked envelope with sealed markings issued for the purpose, shall not be counted.

 

 

Q: How shall counting and canvassing be conducted?

 

A: The counting and canvassing of absentee votes shall be done manually until such time that an automated system of elections could be implemented, as may be determined by the Commission.

 

 

Q: Is it necessary to canvass all the absentee votes cast before a proclamation is made?

 

A:      Not necessarily. The canvass of absentee votes will only be permitted if its outcome will alter or affect the results of the elections. Otherwise, it shall not be made a cause to delay the proclamation of the winning candidates.

 

 

 

 

 

 

 

 

Q: What are the specific measures adopted to safeguard the secrecy and sanctity of the ballot?

 

A:      The Commission may establish special units in the Philippine Postal Corporation that will attend exclusively to mails containing the ballots of absentee voters.  Also, all candidates, political parties, accredited citizen’s arms are given proper representation and authority to intervene in all stages of the exercise to prevent any form of fraud and coercion. (Sec. 18, Id.)

 

 

Q: What are the prohibited acts defined under the proposed system of absentee voting?

 

A:      The following acts are considered electoral offenses whether committed in the Philippines or in the countries where the absentees are located:

 

a)     Influencing or attempting to influence any person covered by this Act to vote, or not to vote, for a particular candidate.  But nothing in this Act shall be deemed to prohibit free discussion regarding politics or candidates for public office.

b)      Knowingly or willingly depriving any person of any right secured in this Act, or giving false information as to his name, address, or period of residence for the purposes of establishing his eligibility to register or vote under this Act; or conspiring with another person for the purpose of encouraging the giving of false information in order to establish the eligibility of any individual to vote under this Act; or paying, or offering to pay, or accepting payment either for application to vote in absentia or for voting.

c)      Tampering with the mail containing ballots for absentee voters including the destruction of ballots.

d)     Personally campaigning abroad by candidates.

 

 

Q: Is there any pilot testing to be done in regard to the initial implementation of the absentee voting?

 

A:      Yes. For the initial implementation of the proposed absentee voting system, counting in the voting areas shall be made in such countries as may be determined by the Commission taking into account the population density of Filipinos in such countries and the presence of a Philippine diplomatic or consular office therein. (Sec. 20, Id)