Article 85p. 85

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

(b) Protecting the right of persons with disabilities

and senior citizens to vote by secret ballot in elections

without intimidation, facilitating the use of assistive and

new technologies where appropriate; and

(c) Guaranteeing the free expression, in the exercise

of the right of suffrage, of persons with disabilities and

senior citizens, allowing assistance in voting by a person

of their own choice.

Section

4.

Section Duty of the Commission to

Render Assistance to Persons with Disabilities and

Senior Citizens. — It shall be the duty of the Commission

to

render

appropriate

assistance

to

persons

with

disabilities

and

senior

citizens

in

coordination

with

government agencies and civil society organizations.

Section

5.

Section

Record

of

Persons

with

Disabilities and Senior Citizens. — The Commission shall

keep an updated record of persons with disabilities and

senior

citizens

who

are

registered

as

voters,

which

indicates the types of disability and the assistance they

need, to assist it in determining policy directions for more

inclusive and accessible electoral processes. The record

shall

be

made accessible to concerned government

offices, accredited citizens’ arms, civil society monitoring

groups and other organizations which promote the rights

of the persons with disabilities and senior citizens, subject

to specific guidelines the Commission may promulgate

to protect the privacy of the individuals concerned.

Section 6. Section Registration and Updating of

Records. — In designing the forms, the Commission must

ensure that persons with disabilities and senior citizens

applying

for

registration,

reactivation,

transfer,

or

correction of entry indicate the type(s) of disability, as well

as the form(s) of assistance needed.

Persons with disabilities and senior citizens who have

previously registered but have not indicated the type of

disability, or who may have developed or manifested such

disability after having been registered, shall be allowed,

during the periods to file applications for registration, to

update their registration records, and to indicate the type

of disability as well as the form of assistance they need

during

election

day.

The

Commission

may

design

registration forms specifically for persons with disabilities

and senior citizens, or issue supplemental forms for the

said purpose, and provide for procedures to be followed

by those who need to update their registration records.

Section

7.

Section

Assistance

in

the

Accomplishment of Application Form. — A person with

disability or senior citizen who cannot by himself or

herself accomplish an application for registration, by

reason of illiteracy or physical disability, shall be assisted

by the Election Officer in the preparation of his or her

application form, or by any member of an accredited

citizens’ arm, or by a relative by consanguinity or affinity

within the fourth civil degree, or if he or she has none

present, by any person of his or her confidence who

belongs to the same household.

Section

8.

Section

Satellite

and

Special

Registration. — The Commission, in coordination with

national government agencies and local government

units,

person

with

disability

and

senior

citizen

organizations, and other cause-oriented groups, shall

conduct satellite and/or special registration for persons

with disabilities and senior citizens in accessible places.

Section 9. Section Creation of Precincts for Persons

with Disabilities and Senior Citizens. — The Commission

is

hereby

authorized

to

establish

precincts

of

a

non-territorial

nature,

exclusively

for

persons

with

disabilities and senior citizens who in their registration

records manifest their intent to avail of their right to a

separate precinct under this section. Pursuant hereto, the

Commission shall establish at least one (1) such precinct,

assigned to accessible polling places, for every voting

center. Such precincts shall be provided with assistive

devices as well as the services of experts in assisting

persons with disabilities.

Section 10. Section Ballot Design. — In designing the

ballot,

the

Commission

shall

ensure

reasonable

accommodation to persons with disabilities and senior

citizens to enable them to accomplish the ballots by

themselves.

Section

11.

Section

Assistance

in

the

Accomplishment of the Ballot. — A person with disability

or senior citizen who is illiterate or physically unable to

prepare the ballot by himself or herself may be assisted in

the preparation of his or her ballot by a relative by

consanguinity or affinity within the fourth civil degree, or

if he or she has none, by any person of his or her

confidence who belongs to the same household, or by

any member of the BEls. For this purpose, the person

who usually assists the person with disability or senior

citizen, such as a personal assistant, a caregiver or a nurse

shall be considered a member of his or her household:

Provided, That no voter shall be allowed to have an

assistor on the basis of illiteracy or physical disability

unless it is so indicated in his or her registration record.

Nevertheless, if the physical inability to prepare the ballot

is manifest, obvious, or visible, said voter shall be allowed

to be assisted in accomplishing the ballot by a qualified

assistor, even if not stated or indicated in the registration

record: Provided, further, That the assistor must be of

voting age.

The assistor shall hind himself or herself 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 or her,

and shall prepare the ballot for the voter inside the voting

booth. Except for the members of the BEIs, no assistor

can assist for more than three (3) times. Any violation of

this

provision

shall

constitute

an

election

offense

punishable under Section 262 of the Omnibus Election

Code.

Section 12. Section Sensitivity Training Program. —

The

Commission,

in

coordination

with

the

National

Council on Disability Affairs (NCDA), the Commission on

Human Rights (CHR), and person with disability and

senior citizen organizations, shall organize, design, and

implement sensitivity trainings to persons performing

electoral duties, including the Commission field officers,

members of the BEIs, and accredited citizens’ arms to

familiarize them with the needs of the persons with

disabilities and senior citizens.

Section 13. Section Information Materials. — The

Commission

shall

ensure

that

information

materials

relating to the electoral processes are appropriate and

accessible to persons with disabilities and senior citizens.

Section 14. Section Appropriations. — The initial

funding of this Act shall be charged against, the current

year’s appropriations or from any available savings of the

Commission.

Thereafter,

such

amount

as

may

be

necessary for the continued implementation of this Act

shall he included in the annual General Appropriations

Act.

Section

15.

Section

Implementing

Rules

and

Regulations. — Within sixty (60) days from the effectivity

of

this

Act,

the

Commission

shall

promulgate

the

implementing rules and regulations.

Section 16. Section Separability Clause. — Should

any

provision

of

this

Act

he

declared

invalid

or

unconstitutional, the validity or constitutionality of the

other provisions shall not be affected thereby.

Section 17. Section Repealing Clause. — All laws,

presidential decrees, executive orders, resolutions, rules

and regulations or parts thereof which are inconsistent

with the provisions of this Act are hereby repealed,

amended or modified accordingly.

Section 18. Section Effectivity Clause. — This Act

shall take effect on July 1, 2013, after its publication in two

(2) newspapers of general circulation.

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