MANILA - Commission on Elections (Comelec) Chairman Andres Bautista on Monday admitted that the poll body is still working on the draft amendment to the General Instructions (GI) for the Boards of Election Inspectors (BEI) for Election Day and the canvassing of votes.

Bautista gave little details when media sought for his statement, except to say that the draft amendment, which seeks to incorporate the issuance of receipts to voters, is still up for deliberation by the Comelec en banc on Tuesday.

"We are coming up with an amendment to the GI We have a draft right now. It will be taken up tomorrow," Bautista said.
The GI is crucial even before Election Day because it will be the basis for the training of the BEIs.

While the general election is 35 days away, the overseas absentee voting starts on Saturday. Comelec is also less than 30 days away from the final testing and sealing of the machines.

Former Comelec Commissioner Gregorio Larrazabal said, “It's 35 days till the elections. More than just being 35 days before elections, you have to take note OAV starts in a few days’ time this week, so the GI has to be released ASAP because this also applies to the SBEI in various posts that will use VCM. The GIs before did not incorporate onscreen verification and issuance of voter receipt. It might sound like a simple procedure …but there are intricacies in the issuance and what should the BEI do in case there are discrepancies in the ballot that was filled up by the voter and the interpretation of the machine. This has to be explained thoroughly."

Larrazabal added, "It should be done ASAP. My worry is that the training has to be done there is a refresher course for the BEIs. However, instead of just doing a simple lecture, they have to incorporate now a hands-on lecture for BEIs. Hands-on, meaning to say, BEIs have to familiarize themselves with procedures as to OSV and issuance of receipts. You can’t do just a PowerPoint presentation. The BEIs have to have the opportunity to test themselves the procedures on how to deal with the issuance of receipts if there are discrepancies and if there are problems with voters. You cannot just do a one-hour lecture. There has to be lecture together with hands-on demonstration of the machines."
Comelec is also just starting the procurement of the thermal paper for the printing of receipts. Asked if there will be a shortage of thermal paper, Bautista said, "Hopefully not. Bidding is ongoing."

Larrazabal said the poll body has to expedite the procurement of the thermal paper.

"They should really focus on that because the SC ordered the Comelec to issue voter receipts and the procedure now. There has to be onscreen verification after which a receipt is printed for the voter to verify if the votes he cast are interpreted correctly by the machine. If you don’t have a thermal paper, you cannot verify the vote if it was accurately read by the machine. If you don’t have that, you can’t comply with the order of the SC," the former poll executive said.

Larrazabal added that the contingency plan of the Comelec is not acceptable.

"The contingency that ballots will be batch-fed by the BEIs is [a] contradiction, it contradicts, the contingency plan that stipulates ballots should be batch-fed into the machines does not conform to the order of the SC because, if it’s BEI who feeds ballot into the machine, how can the voter verify if votes were counted accurately by the vote counting machine? I understand they should have just done emergency bidding. This is an emergency and the law provides for exemptions for bidding requirements. They are taking the safe route and bidding out thermal papers. I understand the pre-bid is today. What’s important there has to be additional thermal papers on Election Day before the start of the voting because, if you do it after the start, it will cause a lot of problems."

Larrazabal pointed out onscreen verification of votes is practically nil with the machine programmed to just allow one second.

"One second and the ballot is fed to the machine. Wala na onscreen verification for all intents and purposes. You just have a receipt. What’s important is that voters will be able to verify if votes cast in ballot were interpreted correctly by the machine. That’s key here."

With all these in mind, Larrazabal now worries that the Comelec may not be prepared for last minute emergencies.

"I think it’s really tight. May 9 is actually Election Day. You have to take note that there’s final testing and sealing from May 2 to 6, so from May 2 to 6, all machines will have to be tested and new procedures have to be implemented. During testing and sealing, machines will have to do OSV and issue receipts. BEIs have to be familiar with new procedures and additional steps. How prepared are they? They can answer. But it’s 35 days before elections, less than 30 days before testing and sealing, less than a week before start of OAV."

Aside from these, Comelec is also set to roll out mall voting. Bautista said he will soon release the resolutions for mall voting.
Larrazabal, however, pointed out this should have happened before Holy Week.

"The law requires that not later than 45 days before elections, there has to be a resolution promulgated regarding mall voting. The resolution should include the specific precincts that will be moved and from what polling place to what new polling place. There has to be details. That's a requirement of the law and when you move to the new polling place, there are additional requirements as to administration of the building to be used. There are some requirements as to the administration of the new polling place."

Larrazabal noted the law has requirements for changing polling places.

"The administration of the building not just a portion of the building has to be turned over to Comelec. This includes not only the administration, but also the security, meaning, to say the blue guards cannot be used, you have to use PNP officers."
Larrazabal reiterated there can be no trading within 30 meters of voting.

"The law, one of the prohibited acts of the Omnibus Election Code (OEC), is you cannot sell anything within 30 meters of the polling place. In this case, if you have a voting booth, you cannot sell anything within (a) 30-meter radius. If you have a store in front of the voting booth, you have to close it. If not, somebody can charge you for violating the OEC," Larrazabal explained.
The former poll executive warned the Comelec that if these are not followed, the elections for the affected precincts maybe annulled.

"The results can be nullified and you will have to call for special elections for those affected clustered precincts. That's part of the procedures outlined in the OEC," Larrazabal warned.