Compilation of Election Law in Act No. 2711 (Revised Administrative Code)

December 3, 1927

ACT NO. 3387

AN ACT TO REVISE AND COMPILE THE ELECTION LAW, CHAPTER EIGHTEEN OF THE ADMINISTRATIVE CODE, AND TO AMEND ARTICLE III, CHAPTER SIXTY-FIVE OF SAID CODE CONCERNING OFFENSES RELATIVE TO ELECTIONS AND ELECTIVE OFFICERS

SECTION 1. Chapter eighteen, Title five, Book I, of the Administrative Code, as amended, is hereby further amended to read as follows:

"Chapter 18

Election Law

"PRELIMINARY ARTICLE

Title of chapter

"SEC. 392. Title of chapter. — This chapter shall be known as the Election Law; and in the absence of provision to the contrary all elections for public officers in the Philippine Islands shall be conducted in conformity with its requirements.

"ARTICLE 1

General and miscellaneous provisions

"SEC. 393. Date for holding general election. — A general election shall be held on the first Tuesday in June of the year nineteen hundred and twenty-eight and upon the same day every three years thereafter. Upon this occasion the eligible voters of the Philippine Islands shall choose, in conformity with law, the full complement of elective Representatives in the House and such number of Senators as are needed to supply the positions of the elective members of the Senate whose term should expire during the year in which the election is held. At the same time officials shall be chosen to fill all other elective offices throughout the Philippine Islands.

"SEC. 394. Postponement of election. — When rebellion, sedition, ladronism, epidemic, public calamity, or analogous cause makes the holding of an election in any province, district, municipality, or other political subdivision impossible or impracticable, the Governor-General may postpone the election therein for such time as is deemed necessary.

"SEC. 395. Filling of elective offices in new political division. — When a new political division is created the inhabitants whereof are entitled to participate in the general election, the elective officers thereof shall be chosen at the next general election. In the interim such offices shall, unless otherwise provided, be filled by appointment of the Governor-General, who shall have the power to fix the salaries of such appointees, if not determined by law.

"But the Governor-General may also in the exercise of his discretion, and especially if a general election is not presently impending, order a special election to be held not more than three months after the call, and at such special election a full complement of local elective officers shall be chosen.

"The Governor-General may likewise order a special election after having first appointed temporary officers and in such case the officers chosen at the special election shall succeed the temporary appointees.

"SEC. 396. Notice of special election. — The Chief of the Executive Bureau, upon the filing in his office of the Governor-General's proclamation ordering a special election, shall forthwith make and transmit to the treasurer of each province a notice under his hand and official seal, stating the day upon which such election shall be held and naming each office to be voted for at such election by the electors of the political division affected. If any such officer is to be elected to fill a vacancy, the notice shall so state and shall specify the term for which such office is to be filled. The provincial treasurer upon the receipt of such notice shall forthwith file and record the same in his office and cause a copy thereof to be mailed to the secretary of each municipality affected. Each municipal secretary upon receipt thereof shall forthwith file and record the same and shall cause at least three copies thereof to be posted in three conspicuous public places in each election precinct of such municipality and one copy thereof at the municipal building. CAIHTE

"SEC. 397. Expenses of elections. — The pay of election boards and the expenses of stationery, ballots and all other expenses of election shall be paid in full by the municipal treasurer concerned, and the cost thereof shall be prorated between the treasuries of the Insular and provincial governments and of the municipal government of the municipality in which the election is held according to the following basis: Thirty per cent to be charged against the Insular Government, thirty per cent against the provincial government, and forty per cent against the municipality: Provided, however, That in case of a special election the branch of the Government for which the election is held shall exclusively bear the expenses.

"The expenses incident to the holding of the first special election in a new municipality shall be advanced, so far as necessary for the proper conduct of the election, by the province, and such advances shall be afterwards collected from the municipality by the province.

"SEC. 398. Holding of election in Manila. — For the effectuation of the purposes of this law in the City of Manila the duties which are herein made incumbent upon provincial boards and municipal councils shall be performed by the Municipal Board of said city, and the duties imposed upon provincial treasurers and municipal secretaries shall be performed by the secretary of said Board. Should any member of the Municipal Board be a candidate for office in any election, he shall be incompetent to act upon the Board in the discharge of the duties incumbent upon it in respect to such election, and in such case the other members of the Board shall discharge said duties without his assistance, or if the membership of the Board is unduly depleted, the Governor-General may name some disinterested elector of the city belonging to the party or political group to which the incompetent is affiliated to act on the Board in such matters in his stead.

"SEC. 399. Participation of municipal districts in election hereunder. — The qualified electors of the municipal districts shall be entitled to vote at the elections for members of the Legislature or for any provincial officer, said municipal districts to be considered, for election purposes only, as parts of the municipality contiguous or the most easily accessible to them, as the provincial board may determine: Provided, however, That if, in the opinion of the provincial board, it is highly inconvenient to aggregate a municipal district to any municipality for election purposes, on account of the distance or the difficulty of transportation between them, the duties imposed by law upon a municipal president, municipal council, municipal treasurer, and municipal secretary, in connection with the holding of elections, shall be discharged by the provincial governor, provincial board, provincial treasurer, and secretary of the provincial board, respectively: Provided, further, That the inhabitants of the districts which prior to August twenty-ninth, nineteen hundred and sixteen, did not have the right to vote for members of the Legislature, will not enjoy such right in virtue of the provisions of this section.

"SEC. 400. Electoral relations of outlying community endowed with franchise. — When the right to exercise the elective franchise in the election of members of the Philippine Legislature or of any provincial officer is conferred by law upon the inhabitants of any outlying barrio or district not forming a part of an organized municipality or municipal district, such barrio or district shall, for election purposes only, be considered a part of the municipality or municipal district to which it is contiguous or to which it is most conveniently accessible, to be determined by the provincial board.

"SEC. 401. Acquisition of franchise incident to territorial changes. — When an unorganized territory is merged into an existing municipality or municipal district or formed into a new one, either by legislative act or executive order, its inhabitants thereby acquire the right to participate in the election of public officers to the same extent as the inhabitants of other municipalities or municipal districts in the same province.

"SEC. 402. Posting and translation of Election Law. — A printed copy of the Election Law in English, Spanish, and, whenever possible, in the vernacular shall be posted in a conspicuous position in every polling place on all registration and election days, so that it may be readily consulted by any voter or person offering to register or vote.

"The translation of the law into the vernacular shall be done with the approval of the Chief of the Executive Bureau or under his supervision.

"ARTICLE II

General provisions relative to elective officers and offices

"SEC. 403. Limitation upon reelection to same office. — The incumbent of any elective office may become a candidate to succeed himself; but a third reelection to the office of provincial governor and municipal president is prohibited.

"SEC. 404. Certificate of candidacy. — No person shall be eligible for the office of Senator, Representative, or for any elective provincial or municipal office unless, within the time fixed by law, he shall file a duly sworn certificate of candidacy.

"Said certificate shall declare that the person whose signature it bears announces, or permits to be announced, his candidacy for the position in question; that he is a resident of the electoral district or of the province or municipality, as the case may be, in which his candidacy is offered; that he is a duly qualified elector therein, and that he is eligible to the office. The certificate shall also state the name of the political party to which the candidate belongs, or that he belongs to none, if such be the case, and the post-office address of such candidate for all electoral purposes. Each candidate for an Insular or provincial office or for municipal president shall sign a sworn statement in which he shall state that his expense budget for the electoral campaign will not exceed one-third of the total emoluments attached to the office for the term of the same. This statement shall be filed together with the certificate of candidacy: Provided, That a group of not less than ten electors may likewise file the certificate of candidacy of any eligible person who does not object to his candidacy, for any municipal office except that of municipal president, without the necessity of such certificate being made under oath: Provided, further, That in case there are two or more candidates for the same elective office who have the same name and surname, any one of them who has at any time been elected to any elective Insular, provincial, or municipal office may continue using the name and surname set forth in his previous certificate of candidacy, while the others shall be obliged to state in their certificates of candidacy, in addition to their name and surname, their second name or maternal family name; and in case these candidates present themselves for the first time for the same elective office, they shall all be obliged to state in the certificate of candidacy, in addition to their name and surname, the second name or maternal family name. DETACa

 

"SEC. 405. When and with whom certificates of candidacy to be filed. — The certificates of candidacy for the office of Senator and Representatives shall be filed not less than twenty days before the day set for the election with the Chief of the Executive Bureau, who shall immediately send certified copies thereof to the secretaries of the Houses of the Legislature and to the secretary of the provincial board where the elections are to be held, which latter official shall forward certified copies to all polling places: Provided, That without prejudice to the foregoing provisions, the Executive Bureau shall communicate the names of the candidates who have sent their certificates of candidacy to it, to the provincial boards by telegraph, if there be any.

"Certificates of candidacy for the provincial office shall be filed not less than twenty days before the day of the election with the secretary of the provincial board of the province concerned, who shall immediately send certified copies to all the polling places of the province and to the Executive Bureau.

"Certificates of candidacy for municipal offices shall be filed not less than ten days before the day of the election with the municipal secretary, who shall immediately send certified copies thereof to the polling places of the municipality concerned and to the Executive Bureau.

"It shall be the ministerial duty of the Chief of the Executive Bureau, the secretary of the provincial board, and the municipal secretary, to receive any certificate of candidacy for Insular, provincial, and municipal office, respectively, and to acknowledge receipt thereof: Provided, That in case of the death or disqualification of a candidate for any Insular, provincial, or municipal office whose certificate of candidacy has been duly filed, after expiration of the time limits above established, any legally qualified elector may file either with the secretary of the provincial board or with the municipal secretary, without distinction, not later than the noon hour on the day of the election, his own certificate of candidacy for the office for which the dead or disqualified person was a candidate: Provided, however, That in the event of the death or disqualification occurring on the day before the election or before the noon hour on the day of the election, said certificate shall be filed with any board of inspectors of the municipality where he resides.

"SEC. 406. Official acts of person ineligible to office. — When an ineligible person is elected to and assumes office, his official acts done prior to his removal from office shall be valid.

"SEC. 407. Incapacity to assume office due to non-payment of taxes. — A person who is delinquent in the payment of taxes cannot assume office to which he has been elected without first paying said taxes.

"SEC. 408. Proceedings against an ineligible person. — When an ineligible person is elected to a provincial or municipal office, his right thereto may be challenged by any elector of the province or municipality concerned by instituting special proceedings in the nature of quo warranto before the Court of First Instance or before the Supreme Court within two weeks after the proclamation of his election. The case shall be tried in accordance with the usual procedure in quo warranto provided by law, and shall be decided by the court within thirty days after the filing of the complaint.

"ARTICLE III

Election precincts

"SEC. 409. Precincts to be established by municipal council. — The unit of territory for the purpose of voting is the precinct, and each municipality shall have at least one.

"The municipal council of each municipality shall fix the limits of all the precincts, if there are more than one, within its territory.

"SEC. 410. Arrangement of precincts. — The precincts shall be so arranged that no precinct shall have more than two hundred and fifty voters, and each shall comprise, as far as practicable contiguous and compact territory.

"When it appears from the results of any registration or election that a precinct contains more than two hundred and fifty voters the municipal council shall, at least five months prior to the next election, make such adjustment or new division as may be necessary.

"When a municipality has been merged into another so as thereby to become a barrio, this barrio shall also constitute at least one voting precinct, if the distance between the remotest barrio of the merged municipality and the nearest polling place of the municipality to which it is annexed shall, by the shortest road, exceed five miles.

"SEC. 411. Posting map or plan of precincts. — Maps or plans plainly showing the boundaries of the precinct shall be posted and kept posted at the polling place or places and at two other conspicuous public places in each precinct for at least forty-five days before each election, and the plans of all the precincts of the municipality shall be kept posted at the municipal building for the same number of days before each election.

"No new precincts shall be created nor shall the arrangement or location of those already in existence be altered within sixty days preceding a general or special election, and any change made because of the creation of new precincts or because of the alteration of the location of those already established, shall be communicated to the provincial treasurer together with the corresponding maps or plans which shall be kept posted and published in the form and during the time prescribed in the preceding paragraph.

"SEC. 412. Posting map or plan of Representative district. — In those provinces which are subdivided into Representative districts the respective provincial boards shall cause to be prepared an outline map or plan of each district, showing the location and names of the municipalities, or portions thereof included in the district. These shall be filed with the Chief of the Executive Bureau and a copy of each shall be kept posted for ninety days prior to the election at the municipal building and in at least two other conspicuous public places in each municipality.

"SEC. 413. First election in new municipality. — For the first election in a new municipality the provincial board shall divide the new territory into election precincts and shall appoint the necessary inspectors of election and poll clerks and a suitable person to perform the duties of municipal secretary with respect to such election, all of whom shall act until their successors are chosen and qualified, and shall designate the necessary polling places and provide the supplies for such election, the expense of all of which shall be payable by the new municipality: Provided, however, That in case the municipal council is already acting at the time when a general election is held, all the powers vested by this section in the provincial board shall pass to the municipal council, and the appointment of the inspectors and poll clerk shall be made in accordance with the provisions of section four hundred and seventeen, on the basis of the preceding election of the governing or original municipality. aDSIHc

"ARTICLE IV

Polling places

"SEC. 414. Designation and arrangement of ballot boxes and other election paraphernalia — Duties of Chief of Executive Bureau. — At least one hundred forty days before each general election the municipal council in each municipality in which such election is to be held shall designate in each election precinct a place, as centrally located with respect to the residences of the voters as is practicable, where the elections and the meetings of the board of inspectors for registration shall be held during the year. Each place so designated shall, if practicable, be a room upon the lower floor, of reasonable size, sufficient to admit and comfortably accommodate twenty electors at one time outside the guard rails. But no building shall be selected when it is so constructed that the interior of the voting booths placed in its lower story can be seen from one of its upper stories or from any part of it. No liquors shall be sold, served, or drunk or cockfights held in any building so designated from the time of designation until the day after election. If for any cause a place so designated shall thereafter and before election be destroyed or for any cause, cannot be used, the municipal council shall forthwith meet and designate some other suitable place for holding such registry and election. Not more than one polling place shall be in the same room, and not more than two polling places shall be in the same building. Whenever the municipal council shall be unable to procure suitable places, or whenever it shall be more economical so to do, such council may provide temporary or portable structures adequate to the purpose, and shall take such measures as are proper and necessary for the storing thereof and re-erection of the same at the following election. Such structures may be erected in any public street or plaza, but not so as to block traffic thereon. No building owned or inhabited by any person who is a candidate for any office for which votes are to be cast in any precinct shall be used as a polling place for that precinct, nor shall any polling place be located or established at places under the control of any private society or corporation, unless in such places there is no properly constructed and established road and they are over six kilometers distant from the población or nearest barrio. After a polling place has been designated, its location shall not be changed until the next general elections, within one hundred and forty days mentioned in the first paragraph of this section, unless it is ordered otherwise by competent authority.

"The Chief of the Executive Bureau shall prepare and furnish all office supplies and other materials necessary for the registration and holding of election, boxes for the ballots and other papers used in the election, including blank forms for the certificate of the number of votes received which shall be furnished by the inspectors to the watchers in accordance with the provisions of section four hundred sixty-five, which boxes shall be uniform throughout the Islands and shall be solidly constructed in such manner that they cannot be opened except by means of three different keys, and one of said keys shall during the voting and the counting of the votes be in the hands of each inspector, and immediately upon the completion of the count, the keys shall be kept in separate envelopes, sealed and signed by the watchers present and by each inspector, and it shall be the duty of the district commander of the Philippine Constabulary, or his duly authorized representative, immediately to take charge of said envelopes and to retain one of them in his custody, and deliver one to the provincial treasurer and the other to the clerk of the Court of First Instance, which officers shall demand said keys if they do not receive them within a reasonable time, and shall keep them for a period of six months, unless sooner demanded by the proper courts, and shall at the expiration of such period return them to the provincial treasurer, who shall keep them until the next election. The box for valid ballots shall be white and shall bear the following inscription in large legible letters: Box for valid ballots; and the box for spoiled ballots, which shall be much smaller than the other, shall be red and shall bear the following inscription in large legible letters: Box for spoiled ballots.

 

"The place set aside for a polling place shall have in front a sign showing the precinct to which it belongs, and on days of meeting of the board of inspectors the official flags of the Government shall be hoisted at the same time at the proper height.

"The Chief of the Executive Bureau shall see particularly that the local authorities perform faithfully and impartially the ministerial duties assigned to them by this Act, and may for this purpose apply for the aid of the services of the Office of the Attorney-General, designate as his deputies the provincial fiscals and other officers or agents of the law that may be necessary to secure an orderly, free, and honest election.

"SEC. 415. Voting booths. – There shall be in each polling place during each election a sufficient number of voting booths not less than one for every thirty voters in the election precinct. Each such booth shall be at least one meter square, shall have four sides inclosed, each at least two meters high, and the one in front shall open and shut as a door swinging outward and shall extend to within fifty centimeters of the floor. Each such booth shall contain a shelf which shall be thirty centimeters wide extending across one side of the booth at a convenient height for writing, and shall be kept furnished with indelible pencils to enable the voters conveniently to prepare their ballots for voting. Each booth shall be kept clearly lighted, by artificial lights if necessary, while the polls are open and until the voting has ended.

"A guard rail shall be placed at each polling place at least two meters from the ballot boxes and from the booths, and no ballot box or booth shall be placed within two meters of such rail, and each guard rail shall be provided with an entrance and exit, the one separate from the other. The arrangement of the polling place shall be such that the booths can only be reached by passing within the guard rail, and that the booths, ballot boxes, election officers, and every part of the polling place, except the inside of the booths, shall be in plain view of the election officers and of persons just outside the guard rail. Each booth shall be so arranged that there shall be no access thereto except by the door in the front of said booth.

"Behind the space occupied by the table of the board of inspectors there shall also be another guard rail, one meter high, which shall separate said board of inspectors from the watchers; the table of the board shall be placed fifty centimeters from said guard rail in order that the watchers may be able to clearly read the contents of the ballots and see and count the votes recorded by the inspector on the tally sheet.

"The Chief of the Executive Bureau shall either personally or through some other Insular or provincial officer see that the polling places are located, constructed, and arranged in accordance with this and the last preceding section, and all orders given in this respect by him or his agents shall be strictly carried out. One hour before the voting the inspectors and watchers shall inspect the polling place, specially the arrangement and construction of the voting booths, and the result of the inspection shall be concisely recorded in the minutes which shall be drawn up by the secretary of the board of inspectors and which shall be signed by said inspectors and by the watchers present, who shall have the right to demand that any irregularity observed in the inspection be entered in the minutes. Not more than half an hour shall be employed for the inspection and for the drawing up of the minutes. ETHIDa

"Opposite from where the watchers are located, blackboards shall be placed on which the names of all candidates with registered certificate shall be written, and the clerk shall tally the votes as the ballots are being read by the chairman.

"The division of the polling place and the location of the voting booths, guard rails, blackboards, and inspectors' table and chairs, shall as nearly as possible conform to the following sketch and the booths shall be so placed that there shall be a distance of at least fifty centimeters between each other.

Sketch of a Polling Place

 

 

a = Doors.

b = Entrance door.

c = Exit door.

d = Table of board of inspectors.

e = Chairman of board of inspectors

f = Member of board of inspectors.

g = Member of board of inspectors.

hi = Blackboard.

j = Place for watchers.

mn = Guard rail.

op = Guard rail.

"SEC. 416. Liquors, cockfighting, arms, etc. — The drinking, sale, dispensing, or offering of intoxicating liquors shall be absolutely prohibited on the days of the registration of electors, on the two days immediately preceding the day of the voting, on the day of the voting, and during the entire time of the counting of the votes.

"No temporary booths, tents, or shelters of any kind for the sale, dispensing or display of any wares, merchandise, or refreshments, solid or liquid, or for any other purpose whatsoever, shall be erected or maintained within thirty meters of any polling place on the days and hours of the registration, voting, and counting; nor shall any cockfight or horse races be held in any municipality upon any election day.

"It shall be unlawful for any person to carry firearm or any kind of arms within a distance of fifty meters from any polling place during the days of registration, voting, and counting. In cases, however, of affray, riot, or disorder within the radius of fifty meters, any peace officer or public official authorized to supervise the conduct of election may carry firearms or any other kind of arm within the said radius for the purpose of maintaining order or enforcing the law.

"ARTICLE V

Board of inspectors

"SEC. 417. Appointment of inspectors and poll clerk. — It shall be the duty of the municipal council in each municipality wherein a general election is to be held, to appoint, one hundred and twenty days immediately prior to the date of such general election, three inspectors of election and one poll clerk with their respective substitutes for each election precinct therein, who shall hold office for three years or until their successors shall have taken charge of the same. The date of the meeting of the municipal council for the appointment of inspectors shall be published, at least thirty days in advance of such meeting, by the town crier and other means of publication, and shall be communicated by registered mail to the local representatives of each party, branch or fraction thereof, or political group, and in the absence of such local representatives, to the representatives in the province of said political parties, branches or fractions thereof, or political groups. Should there be in such municipality one or more political parties, branches or fractions thereof, or political groups, then two of said inspectors and two substitutes for the same shall belong to the party, branch or fraction thereof, or political group, which polled the largest number of votes in said municipality at the next preceding general election, and the other inspector and his substitute shall belong to the other political party, branch or fraction thereof, or political group, which polled the next largest number of votes at said election; and the inspectors so appointed shall be persons proposed by the legitimate representative or representatives of such political parties, branches or fractions thereof, or political groups. Provided, however, That if on or before the date of the designation of the election inspectors as prescribed herein, any party, branch or fraction thereof, or political group, entitled to representation, has not proposed eligibles for the office of inspector, in spite of the fact that their representatives had been duly notified of the holding of the meeting by the municipal council to appoint inspectors, the designation made by the council shall be final for said party or political group.

"The representatives of the political parties, branches or fractions thereof, or political groups, in the municipality, and in their absence, the representatives of the same in the province, shall, within five days before the holding of the meeting of the council to appoint inspectors, communicate in writing the names, surnames, and post-office addresses of the persons who will act as their representatives in the designation of election inspectors.

"A 'political party' is an organized group of persons who pursue the same political ideals in a government.

"A 'political group' is a number of persons who unite for election purposes.

"In case of vacancy in the office of election inspectors or poll clerk, the same shall be filled for the remainder of the term by the municipal council as above provided.

"With the exception of the notaries public, no person who holds any public office, or is a candidate for any elective public office, shall be eligible for appointment as inspector or poll clerk.

"No person against whom an information for the violation of the Election Law is pending shall be appointed election inspector, nor shall a person continue in said office if after his appointment as election inspector an information has been filed against him for the violation of said law. In the latter case, the position of the disqualified inspector shall be immediately taken by the substitute appointed in accordance with the provisions of this section. Notwithstanding this temporary succession, the municipal council shall proceed as soon as possible to appoint the successor of the disqualified inspector and said successor shall necessarily belong to the party, branch or fraction thereof, or political group of his predecessor, and once appointed, he shall assume the office and the substitute shall cease.

"A councilor who, after having received notice of the holding of a meeting by the municipal council for the purpose of complying with the order of any competent court concerning the appointment of election inspectors, shall maliciously fail to attend such meeting, shall be immediately suspended by the provincial governor. The vacancy created by the suspended councilor shall be immediately filled temporarily in the form prescribed herein by a person belonging to the same party or group of which the suspended councilor is a member.

 

"SEC. 418. Disqualification of inspector. — Any person appointed as inspector who accepts appointment and qualifies for the office may not be appointed to any other office unless he shall have resigned the office prior to his appointment.

"SEC. 419. Qualifications of inspectors and poll clerk — Oath of office. — All persons appointed inspectors of election or poll clerks shall be qualified electors of their respective municipality, of good character, not convicted of any offense involving moral turpitude and able to read, write, and speak either English, Spanish, or the local dialect understandingly. The persons so appointed shall be notified and shall each take and subscribe before any person authorized to administer oath the following oath of office within twenty days after the date of notice of appointment: cSEDTC

"PHILIPPINE ISLANDS __________)

"OATH OF INSPECTOR OR CLERK

"I, ________________, do solemnly swear (or affirm) that I will faithfully and fairly perform the duties of inspector of election (or poll clerk) for the _______________ precinct of ______________ to the best of my knowledge, understanding, and ability; that I recognize and accept the supreme authority of the United States of America in these Islands and will maintain true faith and allegiance to the United States of America; that I will support the Government and laws of the United States of America and of the Philippine Islands; that I will honestly and justly administer my duties according to the Election Law without prejudice or favor toward any person, candidate, party, society, or religious sect, and that I take this oath freely and without evasion or mental reservation whatsoever. So help me God.

"(In case of affirmation the words 'So help me God' should be stricken out.)

"________________________

"Sworn to before me this ______ day of ____________, 19___.

"_______________________________

"SEC. 420. Certificate of appointment as inspector or poll clerk. — A person appointed and sworn into office as inspector of election or poll clerk shall receive a certificate of appointment from the municipal president in such form as he shall prescribe, specifying the election precinct, the name of the person appointed and the date of the expiration of his term of office.

"SEC. 421. Organization of board of inspectors — Filling of temporary vacancy. — Before otherwise entering upon their duties the inspectors of each precinct shall meet and appoint one of their number a chairman, or, if a majority shall not agree upon such appointment, they shall draw lots for such position.

"If at the time of any meeting of the inspectors there shall be a vacancy in the office of any inspector or poll clerk, or if any inspector or poll clerk shall be absent from any such meeting, except as provided in section four hundred and seventeen hereof, the inspector or inspectors present shall call one or more substitutes as the case may be, belonging to the same political party, branch, or fraction thereof or local political group as the absent inspector or poll clerk, who shall take the oath of office before the inspector present and shall perform the duties imposed by law upon such substitute inspector or poll clerk until the absent person appears; if the substitutes cannot be found, then the inspector present shall appoint a qualified elector of the precinct, at the proposition of the watchers belonging to party of the absentee, who, in case of an inspector, shall be a member of the same political party or fraction thereof or political group as the absentee, to fill such vacancy until such absent officer shall appear or the vacancy be filled. The inspector or inspectors present shall have the power to order the arrest of any inspector or substitute who has maliciously absented himself for the purpose of obstructing the fulfillment of the duties of the board.

"The board of inspectors shall act through its chairman upon a majority vote of the members, the poll clerk having neither voice nor vote in its proceedings.

"SEC. 422. Designation of inspectors by qualified voters of precinct. — If at any such time the offices of inspectors are all vacant, or if no inspector shall appear within one hour after the time fixed by law for the opening of such meeting, the qualified electors of the precinct present, not less than ten, may designate three qualified voters of the precinct to fill such vacancies, or to act in the place of such inspectors respectively until the absent inspectors respectively appear or their vacancies are filled by the council as hereinabove provided. In case of the filling of vacancies by the inspectors, or by the qualified voters of the precinct, the inspector so appointed shall take the oath before the chairman of the board, or if he be not present shall administer it among themselves, and such oaths shall be forwarded forthwith to the municipal secretary for filing.

"SEC. 423. Preservation of order by inspectors. — All meetings of the board of inspectors shall be public. The said board and each individual member thereof, shall have full authority to preserve peace and good order at such meetings and around the polls, and to keep the access thereto open and unobstructed, and to enforce obedience to their lawful commands during their meetings. If any person shall refuse to obey the lawful command of the inspectors, or by disorderly conduct, in their presence or hearing, shall interrupt or disturb their proceedings, they may make an order in writing directing any peace officer to take the person so offending into custody and detain him until the adjournment of that meeting; but such order shall not be so executed as to prevent the person so taken into custody from exercising his right to vote at such election. Such order shall be executed by any peace officer to whom the same shall be delivered; but if none shall be present, by any other person deputed by such board in writing.

"SEC. 424. Pay of inspectors and clerk. — Each inspector of election and poll clerk shall receive pay for each day of actual service at meetings of the board and shall receive two days' pay for election day. The municipal treasurer shall be entitled to compensation for the services rendered by him in accordance with this law, equivalent to the per diem of an election inspector for election day. The rate of pay shall be fixed by the municipal council but shall not be less than five nor more than fifteen pesos per day and shall not be changed during the term of office of the inspectors or of the clerk.

"ARTICLE VI

Conditions and manner of registration

"SEC. 425. Registration as prerequisite of right to vote. — In each municipality a permanent list of voters shall be kept, and no person shall vote at any general or special election held under the provisions of this chapter unless his name appears upon said list of voters. SDAaTC

"SEC. 426. List of voters affected by changes in precincts — List of deceased and convicted, etc. — Treasurers' duties regarding same. — Within the twenty days next preceding the day designated by law for the first meeting of election inspectors, the municipal treasurer of a municipality whose precincts have been rearranged or increased for the ensuing election, shall make a list of the registered voters affected by such rearrangement. A copy of said list shall be furnished to the board of election inspectors of the precinct from which the territory where said voters reside was taken, with a note to the effect that the names contained in the list should be eliminated from the register of voters for said precinct as a result of the rearrangement of precincts, and another copy to the board of election inspectors of the precinct to which said territory was aggregated with a note that the names contained in the list should be added to the register of voters for that precinct as a result of the rearrangement of precincts.

"Electors who have moved from one precinct to another of the same municipality shall, at least ten days before the day designated by law for the first meeting of election inspectors but not earlier than the date when the rearrangement or new division of precincts of the municipality was made, report this fact to the municipal treasurer, stating the precinct where they previously resided and the precinct of their actual residence, and requesting cancellation of their registration in the former and its transfer to the latter. The municipal treasurer shall acknowledge receipt of this notice and shall furnish a copy thereof to each of the boards of inspectors of the precincts concerned.

"An election inspector appointed for any precinct outside of that in which he is a registered voter shall have the right to vote in the precinct in which he is appointed inspector and upon notice of his having qualified as such, the board of inspectors concerned shall erase or enter his name as a voter as the case may be.

"Within the first five days of each month, the municipal secretary or officer charged with the keeping of record of deaths shall furnish to the municipal treasurer a list of the registered voters of the municipality who have died.

"Within the first five days of each month, the clerk of the Court of First Instance shall likewise transmit to the municipal treasurers a list of the males convicted by final sentence of the violation of the oath of allegiance to the United States or sentenced to eighteen months or more of imprisonment.

"The municipal treasurer shall classify and separate the applications for cancellation of registrations, by election precincts, as these have been arranged for the next general election. He shall likewise so classify the voters who have died, those who have been convicted of violation of the oath of allegiance to the United States, those who have been sentenced to eighteen months or more of imprisonment, and those who have otherwise lost their qualification as voters.

 

"On the eve of the first day designated by law for the revision of the list of voters, the municipal treasurer shall deliver to the poll clerk of each election precinct the applications mentioned in the preceding paragraph, and the notices given by those who have transferred from one precinct to another of the municipality and likewise the three copies of the list of voters of said precinct filed with him after the preceding election, and the list of voters mentioned in the first paragraph of this section. The municipal treasurer shall likewise furnish to the poll clerk of each election precinct a list duly certified by him containing an exact statement of the names and surnames of the voters of said precincts who have died, have violated their oath of allegiance to the United States or have been sentenced to eighteen months or more of imprisonment.

"The municipal treasurer shall make and retain in his office a copy each of the documents and papers mentioned in this section, except the permanent registry list of voters filed with him after the preceding election, and shall obtain a receipt for said documents and papers upon their delivery to the poll clerk. All such copies of documents and papers mentioned in this paragraph may be examined by the public during office hours.

"SEC. 427. Meeting of board of inspectors for registration and revision of list of voters — Voter's affidavit — Its contents. — The board of inspectors for each election precinct in which an election is to be held shall hold two meetings for the registration of voters and the revision of the list of voters, at the place designated as polling place, previous to each general election, on the eighth Saturday and seventh Saturday next before election day. The said inspectors shall also meet on the second Saturday next before election for the purpose of correcting said revised list, by adding names thereto or striking names therefrom in accordance with the orders of the constituted authorities, as hereinafter provided, and to number and complete the list. Every meeting shall begin at seven o'clock in the morning and continue until seven o'clock in the evening, with not more than one intermission of one hour and a half: Provided, however, That if upon the stroke of seven o'clock in the evening on either of the two days designated by law for registration and the revision of the list there still remain persons who desire to file affidavits and be registered, but have not been so registered, the election inspectors shall make a list of those present at said hour within a radius of thirty meters from the polling place and shall hand each of them a consecutively numbered card, and upon presentation of said card, the filing of affidavits and registration shall be permitted after seven o'clock in the evening, but not as regards persons arriving after said hour.

"Any applicant for registration in the list of voters shall file with the board of inspectors at any of its two meetings, in duplicate an affidavit duly made before any member of said board, setting forth his name and surname, citizenship, place and date of birth, age on last birthday, whether married or single, profession, occupation or trade, residence, stating his exact and correct address, time of residence in the Philippine Islands and in the municipality on the date of the affidavit, the qualification or qualifications entitling him to be a voter; that he has none of the legal disqualifications for being a voter; the nature of his incapacity for preparing his ballot on election day, if he be illiterate or physically incapacitated; and that he recognizes and accepts the supreme authority of the United States of America in the Philippine Islands and will maintain true faith and allegiance thereto. He shall also state, if, and where he voted at the preceding election, and if he has changed residence, he shall attach a copy of the application for cancellation mentioned in section four hundred and twenty-nine. On this affidavit shall be placed the number and place and date of issue of the personal cedula of the affiant corresponding to the year of the election, or in its absence, to the next preceding year. acEHCD

"A copy of the affidavit shall be retained by the board of inspectors and the other copy shall forthwith be filed with the register of deeds. An extra copy shall be made and given to the elector at his request.

"Voters who were registered at the general election of nineteen hundred and twenty-five and at the general and special elections held subsequently thereto who have not changed their residence to another municipality need not make the affidavit prescribed by this section. Every one of said voters who having registered under subsection (c) of section four hundred thirty-one may be incapacitated to prepare his ballot due to physical disability and desires to be assisted in the preparation of his ballot on election day shall file with the board of inspectors, at any of its two meetings, a statement, in triplicate of the nature of incapacity, sworn to before any member of the board, one copy to be retained by the board of inspectors, another copy to be filed with the register of deeds, and the third copy to be delivered to the voter.

"SEC. 428. Mode of registration — Contents of list. — The inspectors of each election precinct shall prepare at such meetings a list of the names of the persons qualified to vote in such precinct at such election. Said list shall contain the names of all persons registered at the preceding general elections or special elections who have not died, removed to another municipality or precinct, incurred any of the disqualifications for being a voter, or ceased to have the qualifications specified in subsection (b) of section four hundred and thirty-one, if registered thereunder; those of persons whose registration should be transferred to the precinct from other precincts of the municipality due to the rearrangement of precincts therein; and those of persons whose affidavits for registration filed with the board of inspectors as provided in the next preceding section have not been challenged, or if challenged, have been decided by the board in the sense that the applicants are qualified to vote. From this decision of the board, an appeal shall lie to the competent court. The said list, upon completion, shall be the revised list of voters of the precinct for said election. The list shall be arranged in columns. In the first column there shall be entered, at the time of the completion of the registry, a number, opposite the name of each person registered, beginning with one and continuing in consecutive order to the end of the list. In the second column shall be placed the surnames used generally by such persons in alphabetical order; in the third column, the respective Christian names of such persons; in the fourth column, the respective residences of such persons by street and number, or, if there be none, by a brief description of the locality thereof; in the fifth column, the qualification or qualifications by virtue of which he has taken the elector's oath; and in the sixth column, there shall be inserted, on the day of the election, the number of the ballot used by each voter.

"At the first meeting, a space shall be left after each set of surnames beginning with the same letter sufficient for the addition thereto at subsequent meetings of surnames beginning with the same letter. Before any such surnames are added at any such subsequent meetings there shall be written 'added at the second meeting'. After the registration list has been arranged, it shall be the duty of the board of inspectors to post a list of the voters registered in the precinct in the principal part of the polling place at a height of one and a half meters, within three days following the second meeting of the board of inspectors.

"SEC. 429. Registration in other municipality. — A voter registered in one municipality who desires to register in another shall, not later than ten days before the first registration day, file with, or forward by registered mail to, the municipal treasurer of the municipality in which he is registered a sworn application in triplicate requesting the cancellation of his registration and stating the date on which he removed to his new residence and his correct and exact new address. Upon receipt of this application the treasurer shall cancel the name of the applicant appearing on the copy of the registry list on file in his office and shall forthwith forward two copies of said application to the proper board of inspectors and to the register of deeds of the province, both of whom shall likewise cancel the applicant's name upon the registry lists which they have in their possession. The third copy of the application shall be retained by the treasurer in his office.

"SEC. 430. Who may be registered. — The names of all persons who have complied with the requirements hereof for the registration of voters, shall be placed upon the registration lists provided they have the qualifications prescribed for voters in section four hundred and thirty-one and none of the special disqualifications mentioned in section four hundred and thirty-two.

"A person not having, at the time of registration, the requisite qualification as to age or the period of his residence in the municipality shall also be registered if it be shown that at the time of the ensuing election he will have such qualification.

"SEC. 431. Qualifications prescribed for voters. — Every male person who is not a citizen or subject of a foreign power, twenty-one years of age or over, who shall have been a resident of the Philippines for one year and of the municipality in which he shall offer to vote for six months next preceding the day of voting is entitled to vote in all elections if comprised within either of the following three classes:

"(a) Those who, under the laws in force in the Philippine Islands upon the twenty-eighth day of August, nineteen hundred and sixteen, were legal voters and had exercised the right of suffrage.

 

"(b) Those who own real property to the value of five hundred pesos, declared in their name for taxation purposes for a period of not less than one year prior to the date of the election, or who annually pay thirty pesos or more of the established taxes.

"(c) Those who are able to read and write either Spanish, English, or a native language.

"SEC. 432. Disqualifications. — The following persons shall be disqualified from voting: 

"(a) Any person who, since the thirteenth day of August, eighteen hundred and ninety-eight, has been sentenced by final judgment to suffer not less than eighteen months of imprisonment, such disability not having been removed by plenary pardon. SDHTEC

"(b) Any person who has violated an oath of allegiance taken by him to the United States.

"(c) Insane or feeble-minded persons.

"(d) Deaf-mutes who cannot read and write.

"(e) Electors registered under subsection (c) of the next preceding section who, after failing to make a sworn statement to the satisfaction of the board of inspectors at any of its two meetings for registration and revision, that they are incapacitated for preparing their ballots due to permanent physical disability, present themselves at the hour of voting as incapacitated, irrespective of whether such incapacity be real or feigned.

"SEC. 433. Certificate of inspectors — Disposition of lists. — At the close of each meeting for the registration of voters, the inspectors shall append to each of the lists a certificate signed by all of them stating that the list as it then appears is a true and correct list of the names and residences of the voters previously registered in the list of voters of said election precinct and of the new voters who are qualified at the forthcoming election.

"One copy of such list, so certified, shall be deposited in the office of the municipal treasurer early on the Monday following each meeting, to be open to the inspection of the public until election day; another, also certified, shall, on the same day and at the same hour, be sent by the poll clerk to the office of the register of deeds; another copy, also certified, shall be sent by him to the Executive Bureau; and three copies, also certified, shall be retained by the inspectors, who shall permit their inspection by voters of the precinct on meeting days from eight o'clock in the morning to five o'clock in the afternoon.

"SEC. 434. Challenge of voter's right to be registered. — Any person who applies for registration, may at any of the first two meetings of the board, be challenged by any inspector, qualified voter, or candidate, or representatives of such candidate authorized in writing.

"The board shall thereupon examine the challenged party and take such other evidence as shall to it seem necessary with respect to his qualifications and disqualifications; and it shall at the conclusion of such examination order his name to be placed upon the list or not, as the facts warrant and the situation requires. All such questions shall be heard and decided without delay and in no case later than five days.

"On the determination of the matter the board shall issue to each party a brief certificate and statement of its action in the matter and of the evidence upon which such action is based.

"SEC. 435. Power of board to take evidence. — For the purpose of determining the right of persons to be registered boards of inspectors shall have the same authority to administer oaths, subpoena witnesses and compel their attendance and testimony as is possessed by justices of the peace, but the fees of such witnesses and for service of process shall be paid in advance by the party in whose behalf they are subpoenaed.

"SEC. 435 1/2. Division of judicial districts into circuits. — The judge of the district shall, fifteen days before the first registration day, divide his district for the purposes of this law into several circuits composed of various municipalities, in accordance with the distances and facilities of communication between the same, and shall for each of such circuit appoint a justice of the peace and a substitute, who shall hear all contests in connection with the inclusion in or exclusion from the registration lists, as hereinafter prescribed.

"The clerk of the Court of First Instance shall send to all polling places in the municipalities belonging to the judicial district a notice of the circuit to which each belongs and the name or names of the justices of the peace designated for said purpose, the residence of the same, and the office hours during which their services may be requested, and such other data as may be necessary for the purposes above set forth. The election board shall, upon receipt of this order, post several copies thereof in conspicuous places of the polling place.

"It shall be the duty of the justice of the peace of the provincial capital or the circuit justice of the peace to decide and notify the parties of all applications for inclusion and exclusion of voters within ten days after the filing of the applications.

"SEC. 436. Application for inclusion of voters in list. — Any person who may be refused registration may apply within twenty days after the last day of registration and revision of the list of voters to the circuit justice of the peace, the justice of the peace of the provincial capital or to the competent judge of first instance, for an order directing the board of inspectors to include his name in the list of voters. Such application shall be made by filing with said circuit justice of the peace, justice of the peace of the provincial capital or competent judge of first instance, a copy of the certificate and statement aforesaid, together with proof of service of a notice of such application upon all the members of the board of inspectors, which notice shall state the time and place and tribunal in which such application has been made.

"On petition filed before the hearing of any application to include names in the list of voters, any candidate who may have an interest in the application shall have the right to intervene and to present all such evidence as he may intend to avail with.

"The competent judge or court shall order the introduction of evidence in support of the application, and if the inclusion is claimed under subsection (c) of section four hundred thirty-one, shall order the appearance of the applicant for examination, but under no circumstance shall any decision be rendered on the stipulation between the applicant and the respondent board of inspectors. Any person whose name appears in the permanent list of voters for the last general or special elections, but through inadvertence or neglect has not been included in the list for the following elections, shall, with previous notice to any member of the board of inspectors concerned, have the right to apply for the inclusion of his name in the list to the circuit justice of the peace, justice of the peace of the provincial capital or the Court of First Instance, at any time before the second Saturday previous to the election.

"These applications shall be heard and decided without delay and the decision shall be immediately notified to the board of inspectors and the interested parties.

"SEC. 437. Application to strike names from list. — Any qualified elector in the precinct or candidate or representative of a candidate authorized in writing, may apply to the judge of first instance, the justice of the peace of the provincial capital or the circuit justice of the peace for an order striking from the list the name or names of newly registered electors, of those who may have changed their residence to another municipality, incurred any of the disqualifications for being a voter, or who have lost the qualification specified in subsection (b) of section four hundred thirty-one. The application shall be duly sworn to and shall be filed with the judge of first instance, the justice of the peace of the provincial capital, or the circuit justice of the peace within twenty days after the second day fixed for the preparation and revision of the electoral list, and shall state the names and places of residence of the electors whose exclusion is applied for, the number of the precinct in which they are registered, and the facts showing that they are not entitled to registration and shall be accompanied by proof that a copy of said application has been served upon the members of the board of inspectors and upon the electors sought to be excluded. Service of a copy of the application shall be made by registered mail or by delivery to the interested party or by leaving it with a person of sufficient discretion in his place of residence or by leaving it with a member of the board of inspectors.

"Upon the filing of an application to strike out names from the registration list, the applicant shall also file a bond satisfactory to the court in an amount equivalent to two pesos for each person sought to be stricken out from the list, and in case of final decision in favor of the respondents, the court may adjudicate the amount of the bond as costs in favor of the persons challenged.

"On petition filed before the hearing of any application to strike names from the list of voters, any candidate who may be affected by the result, shall have the right to intervene and to present all such evidence as he may intend to avail with. The decision shall be rendered on the merits of the evidence presented, and in no case shall it be on the stipulation between the applicant and the respondents.

"The application shall be heard and decided without delay and notice of the decision shall be given to all interested parties.

"SEC. 438. Jurisdiction and competence in inclusion and exclusion of electors. — The judge of first instance and the justice of the peace of the capital shall have concurrent to jurisdiction throughout the province, and the circuit justice of the peace in all municipalities of his circuit, over all matters concerning the inclusion in and exclusion from the registry list of electors; but the one to whom the application is first presented shall acquire exclusive jurisdiction over the same: Provided, That from the decisions of the justice of the peace of the provincial capital and the circuit justice of the peace, an appeal shall lie to the judge of the Court of First Instance within five days from the receipt of the notice of the decision by the appealing party. HESIcT

 

"The clerk of the Court of First Instance, the justice of the peace of the provincial capital, and the circuit justice of the peace shall, upon receiving the petition, note the date and hour of its filing upon the same, and the case shall be decided within ten days after such date.

"The circuit justice of the peace may hold sessions in any municipality of the circuit and the justice of the peace of the provincial capital in any municipality of the province and the judge of first instance in any municipality of the judicial district at which the challenge or application shall be heard, as they may see fit, and the actual traveling expenses and per diems of three pesos for each day shall be payable by the municipality to which the application belongs and to which they go.

"The officers concerned shall not receive applications for inclusion or exclusion outside of the office hours.

"SEC. 439. Final meeting of board of inspectors. — At the meeting of the board of inspectors on the second Saturday preceding the election, the official lists as prepared by the inspectors shall each be corrected in conformity with the order, or orders, of the proper authorities, if any such have been made, by adding names thereto or striking names therefrom as may be required; and in each copy of the registration list shall be added a note opposite the name of each person added to or striken off the list showing the date of the order and the name of the tribunal that issued it.

"At this final meeting the names comprised in the completed lists shall be numbered in sequence, and said lists, after being certified, shall be forwarded immediately and copies thereof retained by and to the persons and offices mentioned in section four hundred and thirty-three hereof.

"SEC. 440. Revision of list of voters for special election. — Prior to a special election one meeting, and no more, shall be held for purposes of registration, which meeting shall take place twenty days before the day designated for the election. The register of voters for the last preceding general election — as supplemented at any previous registration for a special election that may have intervened — shall serve as the basis of the registration in question; and to such prior register shall be added the names of persons who, having applied for registration by means of the proper affidavit, prove to be entitled to vote at the ensuing special election. The register as thus completed shall be the official register for the special election, and the provisions of the second paragraph of the last preceding section shall be observed with regard to it.

"SEC. 441. Question as to right of voter to be registered. — At any special registration, and at any time within ten days thereafter the right of any voter to be registered or to have his name remain on the registration list may be drawn in question and determined in substantial conformity with the procedure prescribed in regard to such matter under the general registration; and such notice shall be given as may be practicable or as may be required in the discretion of the judge to whom application is made. In such case the board of inspectors shall comply with the order of the judge in regard to the adding or striking out of names, at any time before the election or on election day.

"ARTICLE VII

Official ballots

"SEC. 442. Official ballots. — Official ballots shall be provided at public expense for every election held under this chapter. There shall be at each polling place but one form of ballot, which shall be of ordinary white printing paper in shape a strip one hundred and forty millimeters wide and three hundred and four millimeters long, and contain a printed heading of the title of each office to be voted for and the number of candidates for which the voter may vote on the left margin, with a corresponding number of spaces opposite the title. Such titles shall be printed both in Spanish and English in ten point (long primer) roman type and at the top of the ballot shall appear in eight point (brevier) gothic type both in English and Spanish the legend, 'Do not make any mark on this ballot or write anything thereon but the names of the candidates you vote for. Any violation of this instruction will invalidate the ballot.' The ballots shall be folded three times toward the top, so that they shall be one hundred and forty by thirty-eight millimeters when folded. Upon the upper outside fold there shall be printed in type which shall be discretionary with the Director of Printing, but which shall be uniform throughout the Islands the words 'Official Ballot,' a representation of the coat of arms of the Philippine Islands, the election precinct in which the particular ballot is intended to be used, and the date of the election, such ballots to be in substantially the following form:

 

 

 

 

"The official ballots shall be bound in books of one hundred ballots each. Each ballot shall be joined by a perforated line to a stub numbered consecutively, beginning with number one in each election precinct. The ballot shall bear the same number as the stub to which it is joined, and such number shall be detachable by means of another perforated line which shall be uniform for all official ballots. Each book of ballots shall bear on its cover the name of the province, municipality, and election precinct in which the ballots are to be used, and if more than one book is required for any precinct the letters of the alphabet shall be used for the series, beginning with the letter 'A.' The Director of Printing, the provincial treasurer, and the municipal treasurer shall each keep a record of the ballots furnished to the various election precincts.

"The detachable number of the ballot shall be detached from the latter in sight of the voter, at the moment when said ballot is to be placed in the ballot box, but not before, by the chairman of the election board, without exposing the contents of the ballot. The detachable number shall be deposited in the box for spoiled ballots and shall be kept there, and no ballot the number whereof has not been detached by said chairman and in the sight of the board of inspectors and does not correspond to the number in the sixth column of the list of voters shall be allowed to be deposited in the box. caITAC

"SEC. 443. Emergency ballots. — No other ballots than the official ballots shall be used or counted, except that in case of failure to receive the ballots, or their destruction, or of the number of electors in an election precinct being greater than three hundred, at such time as shall render it impracticable to procure from the Director of Printing a new supply, the provincial board, or if there be no time therefor, then the municipal council, shall procure from any available source another set which shall be as nearly like those prescribed in this section as circumstances will permit and which shall be uniform within each election precinct.

"SEC. 444. Use of sample ballots. — For each election precinct at least thirty sample ballots printed upon colored paper but in other respects like the official ballots shall be furnished the board of inspectors for posting and use in demonstrating how to fill out and fold the official ballots properly. Five of such sample ballots shall be posted in public places within the precinct including one at the polling place. In such demonstration the names of actual candidates shall not be written on such ballots nor shall such ballots be used for voting nor counted.

"SEC. 445. Requisition for official ballots. — The ballots shall be furnished by the Director of Printing at the expense of the municipality upon requisition therefor by the provincial treasurer in the usual form, which requisition shall be for such a number of ballots for each voting precinct as will provide one and one-half as many ballots as there were persons registered in the precinct at the last preceding election and ten per centum additional. The requisition shall specify what offices are to be filled in each precinct.

"In the case of newly formed precincts the requisition shall be for a number of ballots in like proportion to the estimated number of qualified voters in the precinct as adopted by the council.

"The requisition shall be forwarded at least two and one-half months before the date of the election.

"In the case of special elections the Chief of the Executive Bureau shall require the Director of Printing to furnish the requisite ballots in the same quantities as were requisitioned for the last regular election.

"ARTICLE VIII

Opening of polls and casting of ballots

"SEC. 446. Hours during which polls shall be open. — At all the elections held under the provisions of this chapter the polls shall be open from seven o'clock in the morning until six in the afternoon, during which period not more than one member of the board of inspectors shall be absent from the polling place at one time, and then for not to exceed twenty minutes at one time.

"The election inspectors shall permit as many voters to vote at the same time as there are voting booths, so that none of these shall ever be vacant more time than that necessary for a voter to get his ballot and go to the booth. If at six o'clock in the afternoon there are still voters who have not voted, the election inspectors shall make a list of those present within a radius of fifty meters from the polling place at said hour and shall hand to them a card numbered consecutively and upon presentation of such card the voter shall be permitted to vote after six o'clock in the afternoon, but voters arriving after that hour shall not be permitted to vote.

"If it should become necessary to make room for more ballots the chairman may open the box in the presence of all the board and the watchers, and press down the ballots with his hands without removing any therefrom; he shall then close, lock with the three keys, and seal the box, as hereinafter provided. In case of the destruction or disappearance of the boxes, the board of inspectors shall immediately report this to the municipal treasurer, who shall furnish other boxes or receptacles as nearly as possible adequate for the purposes for which intended.

 

"SEC. 447. Formalities incident to opening of polls and to conduct of election. — The inspectors of election and poll clerks shall meet one-half hour before the time fixed for the opening of the polls at the place designated, and shall then and there have the ballot box, box for spoiled ballots, the ballots and all other supplies provided by law. At the opening of the polls the ballot box and box for spoiled ballots shall be opened by the chairman, emptied and exhibited to all the members and other voters present, and, being empty, shall be closed, locked with three keys, and a seal placed over the lock, and the boxes shall be kept closed and sealed until the voting is completed, when the ballot box shall be opened to count the votes. The duly appointed watchers shall also be entitled to be within the polling place.

"SEC. 448. Persons allowed in and around polling place. — While the polls are open no person shall be allowed within the guard rail in the polling place other than members of the board of inspectors, the poll clerk, voters receiving or depositing their ballots, person authorized to supervise the election, and the necessary police, Constabulary, or other peace officers who may be requested by the board to be present to maintain order, serve the process of a court, act as messenger, or execute all lawful orders of the board. However, the watchers appointed by the candidates entitled to have them, with appointments signed by said candidates, may remain within the guard rail assigned to them in the polling place while the same shall remain open.

"No persons other than the persons mentioned above and voters waiting to vote or voting shall remain, during the time the polls are open, within the distance of thirty meters of the polling place, nor shall any person solicit votes or do any electioneering within such distance.

"SEC. 449. Persons prohibited from influencing elections. — No judge of first instance, justice of the peace, or treasurer, fiscal, or assessor of any province and no officer or employee of the Philippine Constabulary, or of any Bureau or employee of the classified civil service, shall aid any candidate or exert influence in any manner in any election or take part therein otherwise than by exercising the right to vote.

"All foreign persons shall be strictly prohibited from aiding any candidate, either directly or indirectly, and from taking part in or influencing any election in any manner. ICHDca

"SEC. 450. Prohibition against interference by police in election. — No member of the municipal police shall in any manner intervene in any election, except for the maintenance of public order. Any member of the police entitled to vote may do so, but shall not act as election officer nor solicit votes for any candidate.

"SEC. 451. Method of voting — Delivery of ballot. — While the polls are open the voters who are entitled to vote and who have not already voted at that election may enter within the guard rail of the polling place in such order that, besides the persons lawfully in such place for purposes other than voting, there shall not be within said place at any one time more than twice as many voters as there are voting booths therein. Upon entering, the voter shall give to one of the inspectors his name and residence together with such other information concerning himself as should appear on the registration list and may be requested of him by any of the inspectors. Said inspectors shall then distinctly announce the voter's name and residence in a tone loud enough to be plainly heard throughout the polling place. If such person be entitled to vote and be not challenged, or, if challenged and the challenge be decided in his favor, the poll clerk shall deliver to him one ballot correctly folded. The ballot shall not be delivered to the voter unless its number has been previously entered in the corresponding column of the registration list. No person other than an inspector or poll clerk shall deliver to any person any official ballot, and no inspector shall deliver or permit to be delivered any official ballot to any person other than a voter at the time of voting, as herein provided, nor more than one ballot to such voter at one time.

"SEC. 452. Preparation of ballot by voter. — The voter, on receiving his ballot shall forthwith retire alone to one of the empty polling booths and shall there prepare his ballot by writing in the proper space for each office the name of the person for whom he desires to vote. No voter shall be allowed to occupy a booth already occupied by another voter, or to occupy a booth more than ten minutes in case there are voters waiting to occupy booths, or to speak or converse with any one other than as herein provided while within the polling place. It shall be unlawful to erase any printing from the ballot or to add any distinguishing feature thereto, or to intentionally tear or deface the same, or to make any mark thereon other than the names of the candidates voted for. It shall likewise be unlawful to use carbon paper for making a copy of the ballot or make use of any other means of identifying the vote of the voter.

"SEC. 453. Preparation of ballot for illiterate or disabled person.— A registered voter under subsection (c) of section four hundred and thirty-one, who made a sworn statement at any of the two meetings of the board of inspectors for registration and revision of the list of voters that he is incapacitated to prepare his ballot due to physical disability, or an illiterate voter registered under subsection (b) of said section four hundred thirty-one may, on election day, choose an elector of his confidence who is not a candidate nor any of those mentioned in sections four hundred and forty-nine and four hundred and fifty to assist him in the preparation of such ballot, accompanied by such watcher, present in the polling place as he may designate. These shall take an oath to follow the wishes of the elector in the preparation of his ballot.

"This oath shall be made out in triplicate and one copy shall be sent to the register of deeds, another shall be kept in the ballot box and the third shall be retained by the poll clerk, who shall forward it to the municipal treasurer, together with the other records of the board, for filing. The person thus chosen shall prepare the ballot for the incapacitated voter in proper form, according to the wishes of the latter, in the presence of the watcher designated and out of view of any other person. The information thus obtained shall be regarded as a privileged communication.

"SEC. 454. Disposition of spoiled ballots.— If a voter shall soil or deface a ballot so that it cannot lawfully be used, he shall surrender the same to the poll clerk, who shall, if necessary, give him, one at a time, not to exceed two more. Each ballot given to a voter shall be announced to the inspectors and a record thereof kept opposite the name of the voter in the registry list in a column provided for that purpose. Each spoiled ballot, as soon as returned, and without opening shall be distinctly marked 'spoiled' on the indorsement fold thereof and immediately placed in a ballot box similar to the official ballot box, which shall be plainly marked 'spoiled ballots,' together with the name of the municipality and number of the election precinct in which used, which shall be used for no other purpose and which shall be kept locked, and at the close of election be sealed up and delivered to the municipal treasurer.

"No ballot, spoiled or otherwise, shall be taken from the polling place, except as hereinafter provided.

"SEC. 455. Casting of ballots. — After properly preparing his ballot, the voter shall immediately return to the poll clerk, who shall again announce the voter's name and residence and the number of the ballot delivered, following which the chairman of the board shall receive the ballot and, without exposing the contents, shall read and remove the number thereof, and shall deposit the ballot in the ballot box in the presence and view of the voter. No ballot shall be deposited in the ballot box unless its number corresponds to that which has been delivered to the voter as recorded in the registration list. The fact that he has voted shall be recorded by placing a mark opposite the voter's name on each of the registration list in a column provided for that purpose. The voter shall then depart.

"SEC. 456. Challenge of person offering to vote. — Any qualified voter of the election precinct, if he believes that any person who is not registered is offering to vote or that any person is offering to vote in the name of another, may challenge the vote of such person upon such ground, and the board shall thereupon take the oath of such person or otherwise satisfy itself whether or not the ground of challenge be true.

"For the purpose of receiving and counting the vote it shall be sufficient if the person so challenged shall prove that he is the identical person duly registered as by law provided, by means of a statement identifying him, subscribed and sworn to before the board by two known voters of the polling place. This sworn statement and the affidavit of the person challenged shall be attached to the minute-record made of the incident.

"SEC. 457. Challenge based on ground of corrupt practices. — A challenge of any person offering to vote may likewise be made by any qualified voter of the precinct upon the ground that the challenged voter is guilty of corrupt practices in connection with the impending election; in which case the following oath shall be administered to the challenged person by one of the inspectors:

"'I, ________________ , do solemnly swear (or affirm) that I have not received or offered, do not expect to receive, have not paid, offered or promised to pay, contributed, offered or promised to contribute to another, to be paid or used, any money or other valuable thing or consideration as a compensation or reward for the giving or withholding of a vote at this election, and have not made any promise to influence the giving or withholding of any such vote; and that I have not made, or become directly or indirectly interested in any bet or wager depending upon the result of this election.'

 

"Upon the taking of the proper oath by a person whose right to vote is questioned in the manner contemplated in this section, the challenge shall be disallowed, but in case of his refusal to take such oath the challenge shall be sustained and his vote shall be rejected.

"SEC. 458. Reception of challenged vote not conclusive in judicial proceeding. — The reception and counting of the vote shall not be conclusive upon any court of the legality of the registration or voting in an action against such person for illegal registration or voting.

"SEC. 459. Record of challenges and certificate of oaths administered. — The inspectors of election shall keep a minute of their proceedings in respect to the challenging and administering of oaths to persons offering to vote, in which shall be entered, by one of them, the name of every person who shall be challenged; specifying in each case whether either of the oaths herein prescribed were taken. At the close of the election, at each polling place, the inspectors thereat shall add to such minutes a certificate to the effect that the same are all such minutes as to all persons challenged at such election, and shall file the same with the registration lists and statements of results of the election as hereinafter provided.

"ARTICLE IX

Counting of votes and canvass of returns

"SEC. 460. Counting of votes — Announcement of results. — As soon as the polls of an election are closed the board of inspectors shall publicly count the votes and ascertain the result, and not adjourn or postpone or delay the count until it shall be fully completed. During the counting of the votes, not more than one member of the board of inspectors shall be absent, and in this case such absence shall not exceed twenty minutes. TCAScE

"No member of the board or election officer shall, before the announcement of the result, make any statement of the number of ballots cast, the number of votes given for any person, the name of any person who has voted or who has not voted, or of any other fact tending to show the state of the polls, nor shall he make any statement at any time, except as a witness before a court, tending to show how any person votes.

"SEC. 461. Official watchers of the candidates. — During the registrations, voting, and counting of the votes, and in general at all meetings or sessions of the board of inspectors, a number of persons representing the candidates opposing each other in the election and appointed in writing by said candidates, shall be allowed within the polling place, but not within the guard rail: Provided, That each candidate for the office of senator or representative or any provincial office or for municipal president shall be entitled to have a watcher in each polling place. Each candidate for councilor shall be entitled to appoint any of the appointees of the candidates above mentioned.

"Such watchers shall be allowed to freely witness the proceedings and to read the ballots after they have been read by the inspectors, without touching them, to hear the proceedings of the board and to take notes of what they see and hear: Provided, That the watchers may then and there file their protest against any irregularity they may believe to have been committed by the board of inspectors, and the poll clerk shall note an abstract of such protests on his minutes; but they shall not touch the ballots nor converse with the inspectors nor with each other in such manner as to interrupt the proceedings.

"Persons other than watchers and the officials authorized by law to remain in the polling place shall be excluded from the same.

"SEC. 462. Preliminaries to counting of votes. — Before proceeding to count the ballots the board of inspectors shall first compare the registration lists and ascertain the number of persons who have voted as shown thereon. They shall then open the box of ballots cast and shall count the ballots therein contained without unfolding them or exposing their contents, except so far as to ascertain that each ballot is single, and shall compare the number of ballots found in the box with the number shown by the registration lists to have been deposited therein. If the ballots found in the box shall be more than the number of ballots so shown to have been voted, the ballots shall all be replaced, without being unfolded, in the box from which they were taken and shall be thoroughly mingled therein and one of the inspectors designated by the board shall, without seeing the same and with his back to the box, publicly draw out as many ballots as shall be equal to such excess, and without unfolding them place them in a package which shall be then and there securely sealed and marked 'excess ballots,' together with the signatures of the inspectors, which package shall be returned in the box with the other ballots and shall not be opened except as hereinafter provided. If in the course of this examination two or more ballots shall be found folded together in such manner that they must have been so folded before being placed in the box, then they shall be removed therefrom and counted as a portion of the excess number hereinbefore mentioned. In case ballots marked 'spoiled' are found in the ballot box they shall be placed with the spoiled ballots.

"SEC. 463. Examination for marked ballots. — The ballots shall then be opened and examined for marked ballots, and if any such be found they shall be placed in a package securely sealed and inscribed 'marked ballots' together with the signature of the inspectors and be returned in the same manner as provided for excess ballots. Marked ballots shall in no case be counted, and a majority vote of the board shall be sufficient to determine whether any ballot is marked or not. In case any ballot or ballots shall be objected to by any inspector as marked and the board shall decide against such objection, such ballot or ballots shall be counted but shall be marked upon the indorsement fold in such manner as not to obliterate the feature objected to, with the words 'objected to by (adding the name of the objecting inspector) as marked,' and all such ballots, after the count, shall be placed in another separate package and returned in all respects as herein provided for marked ballots. No ballot that is not an official ballot shall be counted, except such as are voted in accordance with the provisions of section four hundred and forty-three hereof.

"SEC. 464. Mode of procedure in counting votes. — The board shall then proceed to count the votes in the manner following:

"The ballots shall be arranged in piles in front of the chairman of the election board, who shall take them one by one and read therefrom, jointly with the other inspector of the party opposed to that of the chairman of the board, in the order in which they appear thereon, the names of the persons voted for, assuming such a position as to enable all, or at least a majority of the watchers to read such names. The other inspector and the clerk shall keep tally sheets, the clerk upon the blackboard or blackboards placed opposite the table of the board of inspectors, and the inspector upon a form which shall be prepared and furnished by the Chief of the Executive Bureau for the purpose, on which they shall record as read, the names of all persons voted for each office and the number of votes severally received by them, each vote being separately noted by a stroke on the tally sheet as the ballot is read. At the conclusion of the count the totals shall be verified by the chairman and the other inspector and in case of disagreement a recount shall be made for such offices as may be necessary. The tally sheet forms shall not be changed or destroyed and shall be kept with the ballots in the ballot box.

"Votes for persons who have not filed certificates of candidacy for any office shall be counted in the count of votes as scattering votes.

"SEC. 465. Inspectors' statement and certificate of result. — Within three hours after the completion of the count the inspectors shall make, complete and sign a written statement thereof in quadruplicate, showing the date of the election, the name of the municipality, and the number of the precinct in which it was held, the whole number of ballot stubs received from the municipal treasurer, the whole number of ballots deposited in the ballot box, the whole number of votes adjudicated to each candidate for each office, the whole number of ballots rejected as marked, the whole number objected to because marked but not rejected, the whole number of ballots objected to and rejected for other reasons, the whole number of the ballots objected to for the same or different reasons, but accepted, the whole number of spoiled ballots, the whole number of ballots remaining on hand, and the whole number of ballots not used, writing out at length in words and not in figures, and at the end thereof a certificate signed by the inspectors to the effect that the statement is in all respects correct, and any protest filed by the watchers. Every such statement shall be made upon a single sheet of paper, or if this cannot be done, each sheet thereof shall be signed on the margin by all the inspectors. Forthwith thereafter, but in any event within one hour after the proclamation, one copy thereof shall be filed with the municipal treasurer, one shall be forwarded in the manner provided in the next following section to the provincial treasurer, and one, also sealed, shall be forwarded to the Chief of the Executive Bureau. The fourth shall be placed by the board in the valid-ballot box upon sealing the same. cTDaEH

"Upon the completion of such count and of the statements of the result thereof, the chairman of the board of inspectors shall make public oral proclamation of the whole number of votes cast at such election at such polling place for all candidates, by name for each office.

"After publication of the result and before retiring, it shall be the duty of the inspectors of the polling place to furnish a certificate of the number of votes cast for each candidate for Insular and provincial office and municipal president and vice-president to all and each of the watchers present at the polling place who may request the same. The statements and certificates of votes referred to in this section shall be delivered before, and not after, four o'clock in the afternoon of the day next following the election. After the said proclamation, no changes or amendments shall be made by the board of inspectors in such certificates of votes, unless so ordered by a competent court.

 

"SEC. 466. Mode of transmission of statement. — The statement forwarded to the provincial treasurer by the board of inspectors shall be sent by registered mail if the mails are reasonably regular and expeditious for the purpose, otherwise by a special messenger at the expense of the municipality.

"Delayed statements shall in all cases be forwarded as soon as possible.

"SEC. 467. Boxes and contents. — The ballots together with the packages hereinbefore referred to, and also the unused ballots, shall be put in the ballot box, which shall be securely locked and sealed and delivered to the municipal treasurer immediately after the count, for which purpose said officer shall keep his office open all night on the day of the election, if necessary, to take delivery of the objects referred to in this chapter, and shall provide the necessary facilities therefor at the expense of the municipality. The spoiled ballots shall be returned to the spoiled-ballot box, if removed therefrom, and such box, similarly locked and sealed, shall be likewise delivered to the municipal treasurer. The sworn statements, applications for cancellation of registration, and other papers and documents forwarded by the municipal treasurer to the board of inspectors in accordance with the provisions of sections four hundred and twenty-six and four hundred and twenty-seven, and also the three copies of the list of voters, the sworn statements and other papers relative to the registration, election and counting of votes, shall likewise be delivered to the municipal treasurer after the election.

"The municipal treasurer shall, on the day after election, notify the members of the boards who have failed to send the objects mentioned in this section to deliver the same immediately to him or to a delegate of said municipal treasurer previously designated by him.

"SEC. 468. Preservation of boxes and disposition of contents. — The municipal treasurer shall retain the boxes unopened in his possession in a safe place and under his responsibility, until the final decision of any election contest, and in any event for one year, subject to the order of the court of competent jurisdiction or other officer specially authorized by law to open the same.

"After one year from the date of the elections, the boxes, if the contents are not needed for any lawful purpose, shall be opened and immediately after opening them, the contents shall be burned by the municipal treasurer in the presence of the municipal president and two municipal councilors.

"SEC. 469. Canvass of returns by provincial board. — The provincial board shall meet as a board of canvassers as soon as practicable, but not later than thirty days after the election and the provincial treasurer shall then produce before it the statements filed with or delivered to him. If any statements be missing the board, by special messenger or otherwise, shall obtain such missing statements and shall direct the fiscal to institute criminal proceedings against the person or persons, if any, criminally responsible for such delay.

"The board shall also examine the statements on file and if it clearly appears that material matters of form are omitted, such statements shall be returned for correction to the board of inspectors by special messenger or in such manner as may be most expeditious. Such statements may not, however, be returned for a recount.

"As soon as all statements are before it, the board of canvassers shall proceed to a canvass of all the votes cast in the province for members of the Philippine Legislature or for provincial officers, and upon completion thereof shall make one statement of all votes cast for each candidate for legislative office in each district, and one statement of all the votes, if any, cast for provincial officers. Upon the completion of such statements the board shall determine therefrom what person has been elected to the House of Representatives from each Representative district, and what person has been elected to each provincial office. If the province comprises an entire senatorial district, the board shall also determine the person who shall have been elected Senator from such district; if the province comprises only part of a senatorial district, the board shall merely state the number of votes received by the candidates for such office. In this case the person elected Senator of the district shall be proclaimed by the Governor-General.

"SEC. 470. Certificate of result. — All such determinations shall be reduced to writing, in duplicate, and signed by the members of the provincial board or a majority of them, or by the Governor-General, as the case may be and sealed with the provincial seal or the seal of the Governor-General's office, as may be proper. One copy thereof shall be filed with the provincial treasurer, one forthwith with the Chief of the Executive Bureau, and a certified copy thereof shall also forthwith be delivered to each elected candidate. Only one copy shall be made, however, of the proclamation of the person elected to the office of Senator.

"SEC. 471. Who may be certified. — The provincial board of canvassers, or the Governor-General, as the case may be, shall certify as elected to the office of senator or member of the House of Representatives and to any provincial office only persons who have obtained a plurality of votes and who have filed their certificate of candidacy in accordance with the provisions of section four hundred and four hereof. cSaATC

"SEC. 472. Confirmation by Governor-General. — Upon the filing of said certificate in the office of the Chief of the Executive Bureau, it shall be by him transmitted to the Governor-General, who shall, except as provided in the next succeeding section hereof, confirm the election of each of the candidates for provincial office so certified as elected notwithstanding the pendency of any contest of his election in a court. Such confirmation shall not, however, prevail against the decision of the court.

"SEC. 473. Confirmation protested for disloyalty. — Any candidate who has received votes at a provincial election may file with the Governor-General, within thirty days after such election, a protest against the confirmation of the election of a provincial officer elect, on account of disloyalty to the constituted Government. The Governor-General may then refuse to confirm the election of any provincial officer elect, pending the determination of the protest filed with him, which shall be investigated by a judge of the Court of First Instance, by the Attorney-General or any of his assistant attorneys whom the Governor-General may designate to make such investigation with the least possible delay. Upon the completion of the investigation, the Governor-General may either confirm or definitely refuse to confirm the election of the candidate elect, as the facts brought out by such investigation may warrant, and the decision of the Governor-General in such cases shall be final.

"SEC. 474. Disability of nonconfirmed candidates. — When a special election is called to fill a position left vacant by the refusal of the Governor-General to confirm, the person whose confirmation was so refused shall be ineligible at such election and no vote shall be counted or canvassed for him therein.

"SEC. 475. Procedure when election results in tie. — In case the board of canvassers, or the Governor-General, as the case may be, decides that an election for senator or member of the House of Representatives results in a tie, they shall certify their decision, together with the statements and all papers upon which the same is based, to the Senate or House of Representatives, as the case may be, which body shall have jurisdiction of the matter thereafter; in case the board of canvassers shall decide that an election for provincial governor, lieutenant governor, member of the provincial board, or councilor of the City of Manila results in a tie, it shall similarly certify the matter to the Senate, which shall have jurisdiction to declare either of the tied candidates elected or to order a special election, as it may decide, but without prejudice in either case to the right of any candidate to contest the election as hereinafter provided.

"SEC. 476. Incompetency to act as member of board of canvassers. — Any member of the provincial board who is a candidate for elective office shall be incompetent to act as member of the board of canvassers, and in this case, the Chief of the Executive Bureau shall designate the provincial treasurer, provincial fiscal, clerk of the court of first instance, or district commander of the Constabulary to act in his stead.

"SEC. 477. Canvass by municipal council. — Immediately after the election the municipal council shall meet in special session and shall proceed to act as a municipal board of canvassers. The municipal treasurer shall produce before it the statements filed with him and the councils shall canvass the votes cast for each municipal office and certify as elected those who obtained a plurality of votes and who have filed their certificate of candidacy in the same manner as hereinbove provided for the provincial board, and to that end shall have the same powers. The municipal board of canvassers shall not have the power to recount the votes or to inspect any of them, but shall proceed upon the statements rendered, as corrected, if corrections are necessary. Its determinations shall be reduced to writing in triplicate, signed by the members, or a majority of them, and one copy shall be filed in the municipal secretary's office, one with the provincial treasurer and one with the Chief of the Executive Bureau immediately on completion of the canvass.

"Any candidate for municipal office thus declared elected shall assume office, notwithstanding the pendency in court of any contest regarding his election, but said certificate of the municipal board of canvassers shall not prevail against the decision of the court.

 

"In case the canvass results in a tie for any municipal office the tied candidates shall draw lots in the presence of the board of canvassers, and the successful candidate shall be declared elected.

"For the first election in a new municipality the provincial board shall act as the board of canvassers to declare the results of the municipal election.

"ARTICLE X

Election contests

"SEC. 478. Contested election of members of Legislature. — The Senate and the House of Representatives shall by resolution respectively prescribe the time and manner of filing contest in the election of members of said bodies, the time and manner of notifying the adverse party, and bond, or bonds, to be required, if any, and shall fix the costs and expenses of contest which may be paid from their respective funds.

"SEC. 479. Contested election to office in general. — Contests in all elections for the determination of which provision has not been made otherwise shall be heard by the Court of First Instance having jurisdiction in the judicial district in which the election was held, upon motion by any candidate voted for at such election and who has duly filed his certificate of candidacy. The contest shall be filed with the court within two weeks after the proclamation.

"Such court shall have exclusive and final jurisdiction, except as hereinafter provided. Upon petition of an interested party, or of its own accord if the interests of justice require it, said court shall forthwith cause the registration lists, ballot boxes, ballots, and other documents used at such election to be brought before it and examined, and to appoint the necessary officers therefor and to fix their compensation, which shall not exceed five pesos per diem each and shall be payable in the first instance out of the provincial treasury. All proceedings in an electoral contest shall be terminated within one year. cHDAIS

"The court shall declare who has been elected or that no candidate has been legally elected, as the case may be, and the candidate who has been declared elected shall be entitled to assume office without any other canvass by the board of canvassers, as soon as the clerk of the court has notified the board of canvassers of the decision of the court and the person concerned has received a copy thereof, unless by virtue of the section next following an appeal shall lie and shall have been filed in accordance with the provisions of said section. The clerk of court shall immediately send certified copies of the decision to the board of canvassers and the candidates affected by the same.

"SEC. 480. Appeal to Supreme Court in contested election case. — An appeal may be taken to the Supreme Court within ten days, from any final decision rendered by the Court of First Instance on contests of elections for provincial governors, or members of the provincial board, or municipal presidents, for the review, amendment, repeal or confirmation of such decision, and the procedure thereon shall be the same as in a criminal cause.

"SEC. 481. Mode of procedure in court cases. — Proceedings for the judicial contest of an election shall be upon written contest with summons, which shall be served as hereinafter prescribed: Provided, That if the contest refers to the office of councilor, it shall be sufficient to summon the candidates proclaimed elected by the municipal board of canvassers.

"In such proceedings the registration list as finally corrected by the board of inspectors shall be conclusive as to who was entitled to vote at such election.

"The aforesaid summons shall be served by delivery by the sheriff of a copy of the summons and the contest to each of the registered candidates voted for personally, or in case of their not being found, by leaving such copies at their usual place of residence, in the hands of some person resident therein and of sufficient discretion to receive the same; such notice shall be considered as having been served if the acknowledgment of the service made as hereinbefore prescribed shall appear on the back of the summons.

"Where the whereabouts of candidate is unknown, for the reason that he is absent from the locality or conceals himself to avoid the service of summons, and the fact appears by affidavit to the satisfaction of the court, the latter shall make an order that the service be made by publication in some newspaper generally read in the locality, or in the absence thereof, by notices posted in several of the most conspicuous places of the locality, of an order which he shall make and which shall fix the date on which the person absent, concealed or of unknown whereabouts shall appear, which shall not be more than twenty days thereafter.

"The candidate whose election is contested and all other registered candidates voted for may reply thereto within fifteen days after the summons, or if they have appeared without being summoned, within fifteen days from the date of their appearance, but in all cases before the beginning of the hearing of the case in court. The reply shall verse only on the precinct or precincts covered by the allegations of the contest. If the candidate whose election is contested or any other registered candidate voted for desires to contest the votes obtained by the contestant in other precincts, they shall file a counter contest within the time limit designated in this paragraph and serve a copy thereof upon the contestant by registered mail or personal delivery, established by a receipt signed by the contestant or his duly authorized agent. The contestant shall reply to the counter contest within ten days after notification. If no reply is made to the contest or counter contest within the time limits designated therefor, a general denial shall be deemed to have been entered.

"The Court of First Instance and the Supreme Court shall hear election contest in preference to all other cases and shall try and decide them as soon as possible, whether it be a regular term of court or not.

"The clerk of the court in which any such contest is instituted shall give immediate notice of its institution and also of the determination thereof to the Chief of the Executive Bureau.

"SEC. 482. Bond or cash deposit required of contestants. — Before the court shall entertain any such contest or counter contest or admit an appeal, the party filing the contest, counter contest, or appeal shall give bond in an amount fixed by the court with two sureties satisfactory to it, conditioned that he will pay all expenses and costs incident to such motion or appeal, or shall deposit cash in court in lieu of such bond. If the party paying such expenses and costs shall be successful they shall be taxed by the court and entered and be collectible as a judgment against the defeated party.

"SEC. 483. Certification of finding when election found illegal. — If the court finds that no person was lawfully found elected, it shall, in the case of a provincial office, certify its finding to the Chief of the Executive Bureau, and in case of a municipal office to both the Chief of the Executive Bureau and the provincial board."

SECTION 2. Article III, Chapter Sixty-five, Title XII, Book IV, of the Administrative Code, as amended, is hereby further amended so as to read as follows:

"ARTICLE III

Offenses relative to elections and elective officers

"SEC. 2636.  Officers and employees meddling with the election. — Any judge of first instance, justice of the peace, treasurer, fiscal or assessor of any province, any officer or employee of the Philippine Constabulary or the police of any municipality, or any officer or employee of any Bureau or the classified civil service, who aids any candidate or violates in any manner the provisions of this Act or takes part in any election otherwise than by exercising the right to vote, shall be punished by a fine of not less than one hundred pesos nor more than two thousand pesos, or by imprisonment for not less than two months nor more than two years, and in all cases by disqualification from public office and deprivation of the right of suffrage for a period of five years.

"Any foreigner violating the provision of the last paragraph of section four hundred and forty-nine of this Code shall be punished by imprisonment for not less than one month nor more than two years and a fine of not less than one hundred pesos nor more than two thousand pesos, or by deportation from these Islands, in the discretion of the court.

"SEC. 2637.  Fraud and omissions touching registration and other proceedings. — Any inspector or poll clerk who knowingly enters upon any registry or poll list or causes or allows to be entered thereon the name of any person as a voter in a district who is not a voter thereof or has not filed the required affidavit, or who includes as voter the name of a person who has requested that his name be stricken from the list or whose name has been ordered stricken from the list by the competent court, or who includes in the list the name of a deceased person or a person who has incurred any of the disqualifications for being a voter provided by law, and any inspector of election who refuses or wilfully votes to refuse or wilfully neglects to enter the name of any qualified applicant for registration upon the registry list, or who knowingly prevents or seeks to prevent the registration of any legally qualified voter, or who is guilty of any fraud or corrupt conduct in the duties of his office, shall be punished by imprisonment for not less than six months nor more than four years, and by a fine of not less than six hundred pesos nor more than four thousand pesos, and in all cases by deprivation of the right of suffrage and disqualification from public office for a period of not more than five years. ISHCcT

"Any election inspector who fails to publish the registry list or transmit the same to the proper authorities, or who refuses to give a certified copy of the statement and registry list and other certificates and proceedings of the election board within the term fixed in this law, or who fails to deliver the keys of the boxes to the district commander of the Philippine Constabulary or his duly authorized representative, as herein provided, or deprives the watchers or any voter of the right granted to them by the present law, and any officer of any category or private individual inducing or aiding the election inspectors to commit any of the aforesaid acts or committing the same himself shall be punished by imprisonment for not less than three months nor more than two years, and by a fine of not less than three hundred pesos nor more than two thousand pesos, and in all cases by deprivation of the right of suffrage and disqualification from public office for a period of not more than four years.

 

"SEC. 2637 1/2. Other punishable omissions. — Any municipal secretary or officer charged with the keeping of record of deaths who knowingly fails to forward to the municipal treasurer within the time limits fixed by law a list of the voters registered in the municipality who have died, or any clerk of a Court of First Instance who knowingly fails to send to the municipal treasurers the list of the males convicted by final sentence of violation of the oath of allegiance to the United States and of those sentenced to eighteen months or more of imprisonment, and any municipal treasurer, who, on the eve of the first day fixed for the preparation of the list of voters, fails to deliver to the poll clerk of each election precinct the copies of the list of voters of the last election, the list of registered voters affected by the rearrangement or increase of precincts, the applications for the cancellation of registration or the list of the voters of said election precinct who have died, violated the oath of allegiance to the United States or been sentenced to eighteen or more months of imprisonment, or who knowingly fails to forward any of the affidavits or applications for cancellation of the name or names of any voter or voters who have died, violated the oath of allegiance to the United States or been sentenced to eighteen or more months of imprisonment, and any election inspector who fails or refuses to deliver a certificate of the number of votes cast for any or all candidates for insular, provincial, and municipal office to any watcher present in the precinct and who may request same after the publication of the result of the election in said precinct, shall be punished by imprisonment for not less than two months nor more than one year or by a fine of not less than two hundred pesos nor more than one thousand pesos.

"SEC. 2638.  Premature declaration of result of election. — Any election officer who, before the public declaration of the result of a vote at an election, as provided by law, makes any statement of the number of ballots cast, of the number of votes given for any person, of the name of any person who has voted, of the name of any person who has not voted, or any other fact tending to show the state of the polls, shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand pesos, or both, in the discretion of the court.

"SEC. 2639.  Fraud of officer in receiving or counting ballots — Failure to perform official duty. — Any member of any board of registration, board of inspectors, or board of canvassers, who knowingly makes any false count of ballots or votes, or soils or mutilates any ballot for the purpose of rendering it void, or who wilfully reads a name different from the one really written on the ballot, or who does not count votes legally cast for a candidate, for the sole reason that the initial of the middle name of such candidate has been omitted, or who wilfully makes or signs a false statement or declaration of the result of a ballot, vote, or election or who wilfully makes or signs a false certificate of the votes or changes the result of the count of votes, as provided in section four hundred sixty-five hereof, or who wilfully refuses to receive any ballot offered by a person qualified to vote at such election, or who wilfully alters, defaces, or destroys any ballot cast, or voting or registry list used thereat, or who wilfully makes any false count or canvass or who wilfully declines or fails to perform any duty or obligation imposed by the Election Law, or any member of a municipal or provincial board of canvassers who amends or causes to be amended the statement of the inspectors, shall be punished by imprisonment for not less than one month nor more than five years and by a fine of not less than one hundred pesos nor more than two thousand pesos, and in all cases by deprivation of the right of suffrage and disqualification for public office for a period of not less than seven years nor more fourteen years.

"SEC. 2639 1/2. Sale of liquor, cockfighting, etc. — Any person violating the provisions of section four hundred and sixteen hereof shall be punished by imprisonment for not less than thirty days nor more than six months and by a fine of not less than fifty pesos nor more than two hundred pesos.

"SEC. 2640.  Premature or improper examination of ballots. — Any officer of election who before the ballots are opened for counting reads or examines, or permits to be read or examined the names written upon the ballot of any voter, shall be punished by imprisonment for not less than one month nor more than two years and by a fine of not less than one hundred pesos nor more than two thousand pesos.

"Any municipal treasurer or other officer having custody thereof who examines or permits to be examined except as prescribed by law any ballots returned to him by the board of inspectors, or who fails to burn said ballots and the other contents of the boxes as required by section four hundred sixty-eight hereof, or who fails to deliver the keys of boxes as provided in section four hundred and fourteen or opens the boxes, shall be punished by imprisonment for not less than six months nor more than two years and by a fine of not less than five hundred pesos nor more than two thousand pesos and in all cases by deprivation of the right of suffrage and disqualification from public office for a period of not more than ten years.

"SEC. 2641.  Destruction, taking, concealment, or mutilation of ballots. — Any officer having custody of any such ballots who wilfully destroys or mutilates the same or permits the destruction, taking, concealment, or mutilation thereof or is unable to give satisfactory information concerning their whereabouts, except as prescribed by law, shall be punished by imprisonment for not less than one month nor more than five years, and by a fine of not less than one hundred pesos nor more than two thousand pesos, and in all cases by deprivation of the right of suffrage and disqualification from public office for a period of not more than five years. CAacTH

"SEC. 2642.  Illegal voting. — Whoever at any election votes or attempts to vote knowing that he is not entitled so to do, or votes or attempts to vote under any name other than his own or more than once in his own name or casts or attempts to cast more than one ballot, or wilfully places any distinguishing mark upon a ballot, or uses carbon paper for making a copy of the ballot, or makes use of any other means of identifying his vote, or makes any false statement as to his ability to fill out his ballot, or wilfully allows his ballot to be seen by any person except as prescribed by law, or wilfully gives any false answer to any election officer touching any matter which is lawfully the subject of official inquiry, shall be punished by imprisonment for not less than one month nor more than one year and by a fine of not less than one hundred pesos nor more than one thousand pesos, and in all cases by deprivation of the right of suffrage and disqualification from public office for a period of not more than four years.

"SEC. 2643. Tampering with election official. — Any person who offers, directly or indirectly, to any election officer and any election officer who, directly or indirectly, accepts or agrees to accept any thing of value or reward whatsoever, in consideration that such election officer will vote affirmatively or negatively or that he will not vote, or that he will use his interest or influence on any question, action, resolution, or other matter or proceeding pending before the board of inspectors or before any election officer, shall be punished by imprisonment for not less than one year nor more than five years, and by a fine of not less than five hundred pesos nor more than two thousand pesos, and in all cases by deprivation of the right of suffrage and disqualification from public office for a period of not more than four years.

"SEC. 2644. Bribery or attempted bribery of voter. — Any person who offers directly or indirectly to any voter, and any voter who directly or indirectly accepts or agrees to accept, any money, goods or chattels, or any bank note, bank bill, bond, promissory note, due bill, bill of exchange, draft, order or certificate, or any security for the payment of money or goods or chattels, or any deed in writing containing a conveyance of land or containing a transfer of any interest in real estate or any valuable contract in force, or any other property or service or reward whatsoever, for the purposes of the forthcoming election, or who makes any promise to influence the giving or withholding of any such vote, or who makes or becomes directly or indirectly interested in any bet or wager depending upon the result of any election, shall be punished by imprisonment for not less than six months nor more than five years, and by a fine of not less than two hundred pesos nor more than two thousand pesos, and, in the discretion of the court, by deprivation of the right of suffrage and disqualification from public office for a period of not more than ten years.

"SEC. 2645. Perjury in election matter. — Any person who knowingly takes or subscribes any false oath, affidavit, or affirmation before any election officer, or before any court or other officer in relation to any material fact in any registration or election proceeding, shall be punished by imprisonment for not less than one month nor more than two years, and by a fine of not less than one hundred pesos nor more than one thousand pesos, and in all cases by deprivation of the right of suffrage and disqualification from public office for a period of not more than four years.

"Any candidate convicted of having directly or indirectly spent in the election campaign, for the purpose of furthering his candidacy, more than is authorized by law, shall be punished by imprisonment for not less than one month nor more than two years, and by a fine of not less than one hundred pesos nor more than two thousand pesos, and in all cases by deprivation of the right of suffrage and disqualification from public office for a period of not less than seven years nor more than fourteen years.

 

SEC. 2646. Unlawful voting by challenged persons. — Any person who, although apprised that his right to vote at any election has been challenged and that the question has been decided against him by competent authority, shall unlawfully cast his ballot, shall be punished by imprisonment for not less than one month nor more than two years, and by a fine of not less than one hundred pesos nor more than one thousand pesos, and in all cases by deprivation of the right of suffrage and disqualification from public office for a period of not more than four years.

"SEC. 2647.  Unlawful registration. — Any person who causes or attempts to cause his name to be registered, knowing that he is not a qualified voter in the district in which he registers, or who attempts to register, and any person who, having registered previously in any other polling place or places does not first request the necessary cancellation or cancellations as required by the Election Law, and any person who falsely represents himself as some other person to any election officer or board of registry, or who wilfully gives a false answer relative to any matter relating to the registration of a voter or to the right of any person to vote, or who wilfully aids or abets any other person in doing any of the acts above mentioned, shall be punished by imprisonment for not less than one month nor more than two years, and by a fine of not less than one hundred pesos nor more than one thousand pesos, and in all cases by deprivation of the right of suffrage and disqualification from public office for a period of not more than four years.

"SEC. 2648.  Disturbance of registration or election proceedings. — Any person who refuses to obey the lawful orders or directions of an election officer or member of a board of registration, or inspector, or who interrupts or disturbs the proceedings of any election or registration board at any registration or election, shall be punished by imprisonment for not less than one month nor more than two years, and a fine of not less than one hundred pesos nor more than two thousand pesos.

"SEC. 2649.  Anonymous criticism of candidate in poster or circular. — Any person who intentionally writes, prints, posts, or distributes, or causes to be written, printed, posted, or distributed, any circular or poster which is designed or tends to injure or defeat any candidate for election to any public office, by criticizing his personal character or political action, unless there appears upon such circular or poster in a conspicuous place the name of the writer who is responsible therefor, with residence and the street and number thereof, if any; and any person who writes, prints, publishes, or utters, or causes to be written, printed, published, or uttered, or aids and abets the printing, publication, or uttering of any anonymous or unsigned or fictitiously signed letter, communication, or publication not disclosing the name of the author, criticizing or reflecting upon the personal character, conduct, or honor of any candidate for election, and any person who, knowingly, delivers or aids in the delivery of any such letter or communication, shall be punished by imprisonment for not less than one month nor more than two years, and by a fine of not less than one hundred pesos nor more than two thousand pesos, and by deprivation of the right of suffrage and disqualification from public office for a period of not more than ten years. IAETDc

"SEC. 2650.  Secretion, taking, or destruction of election supplies. — The following shall be punished by imprisonment for from one year to five years, a fine of from one thousand pesos to five thousand, or deprivation of the right of suffrage and disqualification from public office for a period of not more than five years:

"1. Any person who maliciously injures, destroys, takes, secretes, or carries away any sheet, register, affidavit, application for cancellation of registration, list, statement, ballot, ballot box, key, material, or document used officially in connection with the lists of voters or the elections or furnished for election purposes.

"2. Any public officer or employee who consents to, aids in, or allows the commission of any of the acts mentioned in the preceding paragraph.

"SEC. 2651. Molesting persons in performance of duty. — Any person who wilfully prevents any board of registry or of inspectors, or any other officer or person charged with a duty under the Election Law or hinders or molests such board, officer, or person from doing any such duty, or who aids or abets in preventing, hindering, or molesting such board, officer, or person from doing any such duty, shall be punished by imprisonment for not less than six months nor more than two years, and by a fine of not less than three hundred pesos nor more than one thousand pesos.

"SEC. 2652.  Unlawful distribution or fabrication of ballots. — Any person having custody of any official ballot or ballots who shall deliver any ballot to any other person not then and there duly authorized by law to receive it, or any person who prints or distributes, or has in his possession, or causes to be printed or distributed, a ballot at an election, except as by law provided, shall be punished by imprisonment for not less than six months nor more than five years and a fine of not less than five hundred pesos nor more than two thousand pesos, and by deprivation of the right of suffrage and disqualification from public office for a period of not more than five years.

"SEC. 2653.  Obstruction of voter. — Any person who wilfully and without lawful authority directly or indirectly obstructs or delays a voter while on his way to the polling place where he is entitled to vote, or while he is voting or attempting to vote, or aids, or assists in any such obstruction or delay, and any person who interferes or attempts to interfere with a voter while he is marking his ballot or is within the space inclosed by the guard rail, or endeavors to induce a voter, before he has voted, to show how he marks or has marked his ballot, and any person who wilfully obstructs the voting at an election, and any person who places a distinguishing mark on a ballot not cast by himself, except as by law allowed, shall be punished by imprisonment for not less than three months nor more than two years, and by a fine of not less than three hundred pesos nor more than one thousand pesos.

"SEC. 2654. Fraudulent alteration or deposit of ballot. — Any person who alters a ballot cast at an election or deposits a ballot in the ballot box provided by law for the preservation of ballots cast at an election or removes a ballot from any such ballot box shall be punished by imprisonment for not less than six months nor more than five years, and by a fine of not less than five hundred pesos nor more than two thousand pesos, and by deprivation of the right of suffrage and disqualification from public office for a period of not more than five years.

"SEC. 2655.  Removing ballot from polling place pending election. — Any person who removes a ballot from the space inclosed by the guard rail before the close of the polls shall be punished by imprisonment for not less than three months nor more than two years, and by a fine of not less than three hundred pesos nor more than two thousand pesos.

"SEC. 2656.  Influencing voter by threat, promise or intimidation. — Any person who influences or attempts to influence a voter in connection with the forthcoming election by threatening to discharge such voter from his employment or to reduce his wages, or by promising to give him employment or higher wages, and any person who discharges any voter from his employment or reduces his wages, in connection with the forthcoming election, shall be punished by imprisonment for not less than one month nor more than five years, and by a fine of not less than one hundred pesos nor more than two thousand pesos, and by deprivation of the right of suffrage and disqualification from public office for a period of not more than five years.

"Any person who, by any manner of threat or intimidation, induces a voter to give or withhold a vote shall be punished by imprisonment for not less than one month nor more than five years, and by a fine of not less than one hundred pesos nor more than two thousand pesos, and by deprivation of the right of suffrage and disqualification from public office for a period of not more than five years.

"SEC. 2657.  Various corrupt practices. — No person in order to aid or promote his own election as a candidate for public office shall promise directly or indirectly to secure or assist in securing the appointment, nomination, or election of any other person to a public position or employment or to any position of honor, trust or emolument.

"No person shall pay any money to another for the purposes of the forthcoming election.

"No person shall solicit, demand, ask, or invite from any person who is a candidate for any election or any electioneerer or agent of such candidate, any payment of money or valuable thing to be used in such election.

"No person shall make a fictitious transfer of his real property to another in order to qualify the latter to be an elector and in case such transfer is made, both the owner and the person to whom the transfer is made shall be guilty of violation of this section.

"Any person who violates any of the provisions hereof shall be punished by imprisonment for not less than one month nor more than five years, and by a fine of not less than one hundred pesos nor more than two thousand pesos, and by deprivation of the right of suffrage and disqualification from public office for a period of not more than five years.

"SEC. 2658.  Various frauds, impositions, and obstructions. — Any person who, by any wrongful means, shall prevent or attempt to prevent any voter from freely and fully exercising his right to vote, or shall induce or procure any voter to refuse or neglect to exercise his right, or shall so induce or procure any person to enter upon the registry list the name of any person, or shall so induce or procure the receiving of the vote of any person not legally qualified, or shall so induce or procure any officer to give any certificate, document, or evidence in relation thereto, or shall so induce any officer in any manner to violate or to neglect his duty with respect to any election, shall be punished by imprisonment for not less than one month nor more than five years, and by a fine of not less than one hundred pesos nor more than two thousand pesos, and by deprivation of the right of suffrage and disqualification from public office for a period of not more than five years. DcHSEa

 

"Any person who directly or indirectly molests, disturbs, or interferes with any meeting held for election purposes, shall be punished by a fine of not less than fifty pesos nor more than one thousand pesos and by imprisonment for not less than ten days nor more than one year.

"Any person who directly or indirectly instigates or furthers the premature dissolution of any meeting held for election purposes, shall be punished by a fine of not less than twenty-five pesos nor more than six hundred pesos and by imprisonment for not less than five days nor more than six months.

"SEC. 2659.  Unlawful assumption of office by ineligible persons. — Any person who, knowing that he is disqualified, assumes any office shall be punished by imprisonment for not less than one month nor more than one year, and by a fine of not less than one hundred pesos nor more than one thousand pesos, and by deprivation of the right of suffrage and disqualification from public office for a period of not more than three years.

"SEC. 2660.  Jurisdiction of courts. — Courts of First Instance shall have exclusive original jurisdiction to issue process or conduct preliminary investigation and shall have entire jurisdiction in any criminal action or proceeding arising under this article.

"SEC. 2660 1/2. Prescription. — Offenses resulting from violations of this article shall prescribe one year after their commission; but if the discovery of such offenses is incidental to judicial proceeding in any election contest, the term of prescription shall commence only when such proceedings terminate."

SECTION 3. Acts Numbered Thirty hundred and thirty, Thirty-two hundred and ten, and all other acts or parts of acts inconsistent with the provisions of the preceding sections are hereby repealed.

SECTION 4. This Act shall take effect on its approval.

Approved, December 3, 1927.