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Canvassing and Proclamation

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part 2 presentation of my lawyers training for the 2010 Elections

Published in: Education
  • can i have a soft copy of the slides please? i am a law student and i am tasked to report about canvassing and proclamation. this would be of great help to me. my email add is peter.garbanzos@yahoo.com. thanks very much and God Bless.
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Canvassing and Proclamation

  1. 1. CANVASSING and Proclamation
  2. 2. Basic Canvassing Process for Automated Election: What has been done manually, will be done electronically: Consolidation and tabulation of electronically transmitted election returns (certificates of canvass) Printing and posting of Certificates of Canvass Transmitting the results Proclamation of the winning candidate within their jurisdiction
  3. 3. BEI and Board of Canvassers (BOC) Casting of votes CanvassingCounting Proclamation Board of Election Inspectors Board of Canvassers
  4. 4. Election Documents Casting of votes CanvassingCounting Proclamation PCOS-Transmitted Election Return E/Printed Certificate of Canvass, Certificate of Canvass and Proclamation
  5. 5. Municipal/City Board of Canvassers Provincial Board of Canvasser s National Board of Canvassers Congress COMELE C Precinct Election Returns Mun./City COC SOVP Prov. COC SOVM/C Manual System of Canvassing
  6. 6. Municipal/City Board of Canvassers Provincial Board of Canvasser s National Board of Canvassers Congress COMELE C Precinct Electronic Transmission Comelec Central Back-up Server Advance Results/ Monitoring Server for Dominant Majority/ Minority Parties, Citizens Arm, KBP Advance Results Secured Public Website Election Returns Mun./City COC SOVP Prov. COC SOVM/C
  7. 7. During canvassing: You are representing the leading candidate:  You would want the BOC to:  Finish the canvassing  Proclaim you as the winner You are representing the one trailing behind the leading candidate  You would want the BOC to:  Delay the canvassing  Suspend the proclamation of the leading candidate
  8. 8. During canvassing: The ER presented for canvass is favorable to you  You would want the BOC to:  INCLUDE the ER in the canvassing The ER presented for canvass is not favorable to you  You would want the BOC to:  EXCLUDE the ER from the canvassing
  9. 9. BOARD OF CANVASSERS
  10. 10. The Board of Canvassers (BOC) is a ministerial body enjoined by law to canvass votes in the ERs submitted to it in due form. The COMELEC has direct control and supervision over BOCs and may motu proprio relieve, for cause, at any time, any member thereof and designate the substitute
  11. 11. Composition (Article I, Res. 8809) Provincial Board Of Canvassers (PBOC) District Board Of Canvassers (DBOC) City Board Of Canvassers (CBOC) Municipal Board Of Canvassers (MBOC) Provincial Election Supervisor (Chairman) City Election Officer (or COMELEC lawyer) City Election Officer (or COMELEC lawyer) Election Officer Provincial Prosecutor (Vice) City Prosecutor (or COMELEC Lawyer) City Prosecutor (or COMELEC Lawyer) Municipal Treasurer District School Superintendent (Member) City Superintendent of Schools Division Superintendent of Schools District School Supervisor (or most senior Principal)
  12. 12. Consolidation and Canvassing System (CCS) Operators
  13. 13. For each Canvassing Board (PBOC, DBOC, CBOC and MBOC) CCS operator Technology-capable person Authorized to operate the CCS Deputized by COMELEC from government agencies, including GOCCs Designated by respective Provincial Election Supervisor (MBOCs/CBOCs)for outside NCR) For NCR, by the NCR Regional Director Designated by respective Regional Election Director (for PBOCs) Not related to BOC member within 4th civil degree
  14. 14. Substitution of BOC Chairman and Members
  15. 15. Cause: Non-availability Absence Disqualification due to relationship Incapacity for any cause Chairman: has to be a lawyer Next ranking lawyer of the COMELEC Other members: PBOC Provincial Auditor Register of Deeds Clerk of Court nominated by Executive Judge of RTC Any other appointive provincial official
  16. 16. Other members:  CBOC Same officials corresponding to the city  MBOC Municipal Administrator Municipal Assessor MTC Clerk of Court nominated by the Executive Judge Other available appointive municipal officials  DBOC Next ranking official for each position Authority to appoint substitute:  PBOC- Regional Election Director  CBOC/MBOC- Provincial Election Supervisor  NCR- NCR Director Inform the Commission Executive Director of the substitution within 24 hours
  17. 17. Convening Of BOCs
  18. 18. Convenes: 12:00 p.m. of 10 May 2010 Venue: Session Hall of the Sangguinang Bayan/Panlungsod/Panlalawigan Notice of Meeting: Not later than 05 May 2010 Prohibited degree of relationship: 4th Civil Degree of consanguinity or affinity to: Each other To any candidate/party list nominee Prohibition against leaving station Quorum: Majority of member of board Decision: Majority vote of members thereof
  19. 19. Powers and Functions of BOCs
  20. 20. Canvass/consolidate the electronically transmitted results Generate and Print the COC, COCP and SOV Electronically transmit the result Proclaim the winning candidates Other functions as directed by COMELEC Residual authorities: Authority to keep order in canvassing room and enforce obedience to its lawful orders Order peace officers to take disorderlies into custody
  21. 21. Appearances
  22. 22. Candidate himself Registered Political party, coalition, accredited political parties, sectoral party/organizations under party list system Counsel:  Only one counsel may argue Rights: Observe the transmission, consolidation and canvass Make observations File challenges But no dilatory action
  23. 23. Watchers: One per canvassing center Principal Watchers Citizen’s Arm Same qualifications/disqualifications as BEI watchers Rights: Presences Stay behind chairman of BOC near enough to observe, but not touch File protests against irregularity Cannot participate in deliberation of BOC
  24. 24. Persons not allowed:  AFP/PNP  Extra-legal police agency  Special forces  Strike forces  CAFGUs  Barangay Tanod  Barangay Defense units  Security or police organizations of government agencies, GOCCs, etc.  Private security/investigation/protective/intelligence agencies  Similar persons Special Security details: By majority vote Near enough to be called at any time
  25. 25. Reception And Custody Group (RCG)
  26. 26. Reception and safekeeping main memory card ER hard copies Number of RCGs One RCG for every 500 clustered precincts (for cities/municipalities/districts) One per province Not more than 2 members gov’t appointive officials Not casual employees Relationship prohibition (to BOC and/or candidate)
  27. 27. Duties/Responsibilities: Receive from: BEI: memory card envelope (“Transmitted” or “Not Trasmitted”) C/MBOC: CD envelope (“Transmitted” or “Not Transmitted”) Log Envelope/Paper seal details date/time of receipt Condition Serial numbers Precinct Number City/Municipality/District of the ERs/COCs Mark/Log/Secure/Submit to Board Those “Not Transmitted” Those “Transmitted”
  28. 28. Issues that may be Raised in BOC Proceedings
  29. 29. Illegal Composition of BOCs Illegal Proceedings Other grounds as before no longer available “Manifest errors” “Material defects” “Omissions” “Alterations” “Tampering” “Discrepancies”
  30. 30. PROCEDURE
  31. 31. Preliminaries to canvassing Show that CCS Box is sealed Remove Plastic seal Open the CCS Box Check the items inside: CCS Laptop Box  Laptop  SD Card (installed)  Power Cable  Adaptor  SIM Cards  Three(3) USB Security Tokens with Label  USB Modem and extension cable Password Envelopes (1 username, 2 passwords) Sealing Kit
  32. 32. Extension Cord BOC Protocol Printer Box  Printer (HP Laserjet P1006)  Toner (installed) and spare toner  Power and USB Cable BGAN (Broadband Global Area Network) Box (if applicable)  BGAN Antenna and Battery  Sim Card (installed)  RJ 45 LAN Cable  Extension Cord  Power Adapter and Cable Memory Card reader (if applicable)  Yellow Tie wraps  Retrieve Password Envelopes and USB tokens and distribute among BOC members  Place CCS Laptop on top of table
  33. 33. Canvassing Procedures Initialization Power up Connections  To transmission medium (USB or BGAN)  To printer Log in procedures Initialization Report (zero report)  Printing  Signing Canvassing Proper Monitoring of Results  Red- Transmission Not Started  Yellow- Transmission On-going  Green- Transmission Completed
  34. 34. Importing of Untransmitted Results By Memory Card (for BEIs) By CD (for other BOCs) Generation and Printing of Reports Consolidated Canvass Report Certificate of Canvass  If all expected precincts/canvassing board results have been received  When it becomes clear that there is no way that the lacking results can be transmitted AND the results will no longer affect the result of the election in a particular position First 8 copies Transmission of Results Printing of Remaining COC Reports (22 copies) Generation and Printing of Consolidated Statement of Votes
  35. 35. Generation of Certificate of Canvass and Proclamation Results generated from highest to lowest Special Procedures in case of tie (if applicable) Acceptance of Defined Order  Recorded in minutes  Candidates duly represented at all stages of canvass Printing of COCs and COCPs Printing of Audit Log Post Printing Activities Signatures and Thumbmarks Public Announcement of Results Posting of COCs in area Placing of COCs in appropriate envelopes Back up Shut down Post Canvassing Procedures
  36. 36. Speed of Transmission (Automated Canvassing Scenario) For the losing candidate, this speed may be the enemy. Again, only two grounds for a pre-proclamation controversy Hence, timely receipt and advance tabulation of result is key for the canvassing counsel Match or even beat the speed of the COCs Everyone is focused on the PCOS machine but the potential problematic portion of the elections may be the canvassing
  37. 37. CANVASSING and Proclamation

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