Automated Election System Philippines: Rules, Recounts and Safeguards

The automated election system (AES) in the Philippines is governed principally by Republic Act No. 9369, which amended Republic Act No. 8436. Under Section 2 of RA 9369, the AES is defined as a system using appropriate technology for voting, counting, consolidating, canvassing, transmitting and other electoral processes. The law allows the Commission on Elections (COMELEC) to adopt either a paper-based election system or a direct recording electronic election system. The State's policy is to ensure free, orderly, honest, peaceful, credible and informed elections, with results that are fast, accurate and reflective of the genuine will of the people.

What the law requires of the automated election system

Section 6 of RA 9369 sets out the minimum system capabilities the AES must have. These include adequate security against unauthorized access, accuracy in recording and reading votes, error recovery for non-catastrophic device failure, system integrity, a provision for a voter-verified paper audit trail, system auditability, accessibility to illiterates and disabled voters, accurate ballot counters, data retention, and access controls for sensitive system data.

The COMELEC is required to develop an evaluation system, with the assistance of an advisory council, to confirm that these capabilities are met before procurement.

The Advisory Council and the Technical Evaluation Committee

Section 8 of RA 9369 requires the COMELEC to create an Advisory Council, convened not later than eighteen months before the next scheduled electoral exercise and deactivated six months after canvassing is completed. Its members must be registered Filipino voters of known independence, competence and probity, drawn from the ICT office, the Department of Science and Technology, the Department of Education, the academe, ICT professional organizations and non-governmental electoral reform organizations.

Section 9 lists the Council's functions, which include recommending the most appropriate, secure, applicable and cost-effective technology, participating as non-voting members in the bidding and steering committees, and submitting a written report within six months from the date of the election.

Section 10 provides for an independent Technical Evaluation Committee. Under Section 11, that Committee must certify, through an international certification entity, not later than three months before the electoral exercise, that the AES hardware and software are operating properly, securely and accurately. The certification rests on documented results such as a field testing process and mock election, an audit of the software, a source code review, escrow of the source code with the Bangko Sentral ng Pilipinas, and a continuity plan.

Testing, source code review and watchers

Section 14 of RA 9369 requires the COMELEC to allow political parties, candidates, citizens' arms and their representatives to examine and test the equipment or device before voting starts on election day. Test ballots and test forms are provided by the COMELEC. After testing, parties may submit written comments to the election officer, who transmits them to the COMELEC. The election officer keeps minutes of the testing.

Once an AES technology is selected, the COMELEC must promptly make the source code available and open to any interested political party or group for independent review.

Counting, election returns and transmission

Under Section 21, the COMELEC prescribes the manner and procedure of counting under the automated system, and apart from the electronically stored result, thirty copies of the election return are printed. Section 22 requires each printed copy to bear control marks showing the time and place of printing, and to be signed and thumbmarked by all members of the board of election inspectors and watchers present. The chairman publicly reads and announces the total number of registered voters, the number who actually voted, and the total votes obtained by each candidate.

Within one hour after printing, the chairman or an authorized official must electronically transmit the precinct results to the respective boards of canvassers, the dominant majority and minority parties, the accredited citizens' arm and the Kapisanan ng mga Broadcasters ng Pilipinas. Election returns transmitted electronically and digitally signed are considered official election results and serve as the basis for canvassing and proclamation.

Continuity plans and secure transmission

Section 7 requires all electronic transmissions to use secure communication channels recommended by the Advisory Council to ensure authentication and integrity. Section 13 requires the AES to include a continuity plan for systems breakdown or similar eventualities. Activation of continuity measures must be done in the presence of representatives of political parties and the citizens' arm, who are notified by the election officer. Copies of the continuity plan must be furnished to political parties and party-lists and published at least fifteen days before the electoral activity.

Frequently asked questions

What is the automated election system in the Philippines? Under Section 2 of RA 9369, it is a system using appropriate technology for the voting, counting, consolidating, canvassing and transmission of election results, and other electoral processes.

Can political parties review the source code? Yes. Under Section 14 of RA 9369, once an AES technology is selected, the COMELEC must promptly make the source code available and open to any interested political party or group for review.

How many copies of the election return are printed? Section 21 of RA 9369 provides that, apart from the electronically stored result, thirty copies of the election return are printed.

Practical takeaways

• The AES is governed by RA 9369, which amended RA 8436, and covers voting, counting, canvassing and transmission.
• The system must meet minimum capabilities under Section 6, including a voter-verified paper audit trail and system auditability.
• Political parties, candidates and citizens' arms may examine and test the equipment before voting starts, and may review the source code once a technology is selected.
• Thirty copies of the election return are printed, and electronically transmitted, digitally signed returns are the official results.
• A continuity plan is required, and its activation must be witnessed by political party and citizens' arm representatives.

Primary sources

The rules discussed above are drawn from the following primary sources. Where the firm's library holds the document as a PDF it is embedded here in full; the rest are cited by title.

RMC No. 15-2013 — Publishes and implements pertinent provisions of Resolution No. 9476 issued by the Commission on Elections (COMELEC) on June 2012 Digest | Full TextOpen in Law LibraryDownload PDF

• REPUBLIC ACT NO. 9369 - AN ACT AMENDING REPUBLIC ACT NO. 8436, ENTITLED "AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO USE AN AUTOMATED ELECTION SYSTEM IN THE MAY 11, 1998 NATIONAL OR LOCAL ELECTIONS AND IN SUBSEQUENT NATIONAL AND LOCAL ELECTORAL EXERCISES, TO ENCOURAGE TRANSPARENCY, CREDIBILITY, FAIRNESS AND ACCURACY OF ELECTIONS, AMENDING FORTHE PURPOSE BATAS PAMBANSA BLG. 881, AS AMENDED, REPUBLIC ACT NO. 7166 AND OTHER RELATED ELECTION LAWS, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES"

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