Article 26p. 26

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

voters to the polling place. It shall likewise be unlawful for

any barangay official to enter and stay inside any polling

place except to vote or except when serving as a watcher

or member of the board of election inspectors, in which

case, he shall leave the polling place immediately after

voting.

Section 193. Order of voting. — The voters shall vote

in the order of their entrance into the polling place. The

voters shall have the right to freely enter the polling place

as soon as they arrive unless there are voters waiting

inside, in which case they shall fall in line in the order of

their arrival and shall not crowd around the table of the

board of election inspectors. The voters after having cast

their votes shall immediately depart.

Section 194. Manner of obtaining ballots. — The

voter shall approach the chairman and shall give his

name and address together with other data concerning

his person. In case any member of the board of election

inspectors doubts the identity of the voter, the board of

election inspectors shall check his voter's identification

card or, if he does not have any, the board of election

inspectors shall refer to his photograph and signature in

the voter's application for registration. If the board of

election

inspectors is satisfied with his identity, the

chairman shall distinctly announce the voter's name in a

tone loud enough to be plainly heard throughout the

polling place. If such voter has not been challenged, or if

having been challenged, the question has been decided

in his favor, the voter shall forthwith affix his signature in

the proper space in the voting record, and the chairman

shall, after first entering the number of the ballot in the

corresponding space of the voting record, deliver to the

voter one ballot correctly folded. No person other than

the chairman shall deliver official ballots nor shall more

than one ballot be delivered at one time.

Section 195. Manner of preparing the ballot. — The

voter, upon receiving his folded ballot, shall forthwith

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 for whom he

desires to vote.

No voter shall be allowed to enter a booth occupied

by

another,

nor

enter

the

same

accompanied

by

somebody, except as provided for in the succeeding

section hereof, nor stay therein for a longer time than

necessary, nor speak with anyone other than as herein

provided

while

inside

the

polling

place. It shall be

unlawful 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. It shall

likewise be unlawful to use carbon paper, paraffin paper,

or other means for making a copy of the contents of the

ballot or make use of any other means to identify the vote

of the voter.

Section 196. Preparation of ballots for illiterate and

disabled persons. — A voter who is illiterate or physically

unable to prepare the ballot by himself may be assisted in

the preparation of his ballot by a relative, by affinity or

consanguinity within the fourth civil degree or if he has

none, by any person of his confidence who belong to the

same household or any member of the board of election

inspectors, except the two party members: Provided, That

no voter shall be allowed to vote as illiterate or physically

disabled unless it is so indicated in his registration record:

Provided, further, That in no case shall an assistor assist

more than three times except the non-party members of

the board of election inspectors. The person thus chosen

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 ballot prepared

by him. Violation of this provision shall constitute an

election offense.

Section 197. Spoiled ballots. — If a voter should

accidentally spoil or deface a ballot in such a way that it

cannot lawfully be used, he shall surrender if folded to the

chairman who shall note in the corresponding space in

the voting record that said ballot is spoiled. The voter shall

then be entitled to another ballot which the chairman

shall give him after announcing the serial number of the

second ballot and recording said serial number in the

corresponding spaces in the voting record. If the second

ballot is again spoiled or defaced in such a way that it

cannot lawfully be used, the same shall be surrendered to

the chairman and recorded in the same manner as the

first spoiled or defaced ballot. However, no voter shall

change his ballot more than twice.

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 on the endorsement fold thereof

and immediately placed in the compartment for spoiled

ballots.

Section 198. Voting. -

(a) After the voter has filled his ballot he shall fold it in

the same manner as when he received it and return it to

the chairman.

(b) In the presence of all the 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.

(c) 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.

(d) 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 coomassie blue on the right

forefinger nail or on any other available fingernail, if there

be no forefinger nail.

(e) The chairman shall sign in the proper space beside

the thumbmark of the voter.

(f) The chairman, after finding everything to be in

order, shall then 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.

(g) The voter shall then depart.

Any

ballot

returned

to

the

chairman

whose

detachable

coupon

has

been

removed

not

in

the

presence of the board of election inspectors and of the

voter, or 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.

Section 199. Challenge of illegal voters. -

(a) Any voter, or watcher may challenge any person

offering to vote for not being registered, for using the

name

of

another

or

suffering

from

existing

disqualification.

In

such

case, the board of election

inspectors shall satisfy itself as to whether or not the

ground for the challenge is true by requiring proof of

registration or the identity of the voter; and

(b) No voter shall be required to present his voter's

affidavit on election day unless his identity is challenged.

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.

Section 200. Challenge based on certain illegal

acts. — Any voter or watcher may challenge any voter

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