Article 67p. 67

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

consolidates/canvasses and transmits electronically the

results of the vote count;"

8. Direct recording electronic election system — a

type or automated election system that uses electronic

ballots,

records,

votes

by means of a ballot display

provided with mechanical or electro-optical component

that can be activated by the voter, processes data by

means of a computer programs, record voting data and

ballot images, and transmits voting results electronically;

9. Counting center — a public places within the

city/municipality or in such other places as may be

designated by the Commission where the official ballots

cast in various precincts of the city/municipality shall be

counted. Polling places or voting centers may also be

designated as counting centers;

10. Continuity plan — a list of contingency measures,

and the policies for activation of such, that are put in

place to ensure continuous operation of the AES;

11. Disabled voters — a person with impaired capacity

to use the AES;

12. Source code — human readable instructions that

define what the computer equipment will do; and

13. Station- refers to a polling place, counting center,

municipal or provincial canvassing center.

(as amended by RA No 9369)

Section 3. Board of Election Inspectors .- Where AES

shall be adopted, at least one member of the Board of

Election

Inspectors

shall

be

an

information

technology-capable person, who is trained or certified by

the DOST to use the EAS. Such certification shall be

issued by the DOST, free of charge. (as amended by RA

No 9369)

Section 4. Duties and functions of the special

members of the Board of Election Inspectors . — (as

deleted by RA No 9369)

Section 4. Information Technology Support for the

Board of Canvassers . — To implement the AES, each

board of canvassers shall be assisted by an information

technology-capable person authorized to operate the

equipment adopted for the elections. The Commission

shall deputized information technology personnel from

among

the

agencies

and

instrumentalities

of

the

government,

including

government-owned

and

controlled corporations. The per diem of the deputized

personnel shall be the same as that of the members of

the board of canvassers. (5a) (as amended by RA No

9369)

Section 5. Authority to use an automated election

system . — To carry out the above-stated policy, the

Commission

on

Elections,

herein referred to as the

Commission, is hereby authorized to use an automated

election system or systems in the same election in

different provinces, whether paper-based or a direct

recording electronic election system as it may deem

appropriate

and

practical

for the process of voting,

counting

of

votes

and

canvassing/consolidation

and

transmittal of results of electoral exercises: Provided , that

for the regular national and local election, which shall be

held immediately after effectivity of this Act, the AES shall

be used in at least two highly urbanized cities and two

provinces each in Luzon, Visayas and Mindanao, to be

chosen by the Commission: Provided, further , That local

government units whose officials have been the subject

of administrative charges within sixteen (16) month prior

to the May 14, 2007 election shall not be chosen: Provided,

finally , That no area shall be chosen without the consent

of

the

Sanggunian

of

the

local

government

unit

concerned. The term local government unit as used in

this provision shall refer to a highly urbanized city or

province. In succeeding regular national or local elections,

the AES shall be implemented nationwide.

(6a) (as

amended by RA No 9369)

Section 6. Minimum System Capabilities . — The

automated

election

system

must

at

least have the

following functional capabilities:

(a) Adequate security against unauthorized access:

(b) Accuracy in recording and reading of votes as well

as in the tabulation, consolidation/canvassing, electronic

transmission, and storage of results;

(c) Error recovery in case of non-catastrophic failure of

device;

(d) System integrity which ensures physical stability

and functioning of the vote recording and counting

process;

(e) Provision for voter verified paper audit trail;

(f) System auditability which provides supporting

documentation for verifying the correctness of reported

election results;

(g) An election management system for preparing

ballots and programs for use in the casting and counting

of votes and to consolidate, report and display election

result in the shortest time possible;

(h) Accessibility to illiterates and disable voters;

(i) Vote tabulating program for election, referendum

or plebiscite;

(j) Accurate ballot counters;

(k) Data retention provision;

(l) Provide for the safekeeping, storing and archiving

of physical or paper resource used in the election process;

(m)

Utilize

or

generate official ballots as herein

defined;

(n) Provide the voter a system of verification to find

out whether or not the machine has registered his choice;

and

(o) Configure access control for sensitive system data

and function.

In the procurement of this system, the Commission

shall develop and adopt an evaluation system to ascertain

that the above minimum system capabilities are met.

This

evaluation system shall be developed with the

assistance of an advisory council.

(7a) (as amended by

RA No 9369)

Section 7. Communication Channels for Electronic

Transmissions . — all electronic transmissions by and

among the EAS and its related components shall utilizes

secure communication channels as recommended by the

Advisory Council, to ensure authentication and integrity

of transmission. (as created by RA No 9369)

Section 8. The Advisory Council . — The Commission

shall create an advisory Council, hereafter referred to as

the Council, which shall be convened not later than

eighteen (18) months prior to the next schedule electoral

exercise, and deactivated six months after completion of

canvassing: Provided , for purposes of the 2007 elections,

the Advisory Council shall be immediately convened

within ten (10) days after the effectivity of this Act.

The Council shall be composed of the following

members, who must be registered Filipino voters, of

known independence, competence and probity;

(a) The Chairman of the Commission on information

and Communications Technology (CICT) who shall act as

the chairman of the council;

(b) One member from the Department of Science

and Technology;

(c) One member from the Department of Education;

(d) One member representing the academe, to be

selected by the chair of the Advisory Council from among

the list of nominees submitted by the country's academic

institutions;

(e)

Three members representing ICT professional

organizations to be selected by the chair of the Advisory

© Compiled by RGL

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