Omnibus Election Code

29
College of Arts and Sciences The Omnibus Election Code MMXII

description

San Beda Election Code

Transcript of Omnibus Election Code

  • College of Arts and Sciences

    The Omnibus

    Election Code

    MMXII

  • As promulgated by

    Electoral Board

    MMXII

  • OMNIBUS ELECTION CODE

    In accordance with Section 5, Article XIV of the San Beda College of Arts

    and Sciences Student Council Constitution, the Electoral Board promulgates the

    Revised Election Code.

    Article I General Provisions

    Section 1. Title. - This Code shall be known as the "Omnibus Election Code of

    the College of Arts and Sciences."

    Section 2. Applicability. - This Code shall govern all elections, referenda and

    plebiscites. Election of officers of the College of Arts and Sciences shall include,

    but not limited to the following:

    a. Election of officers of the Executive Council;

    b. Election of officers of Professional Organizations;

    c. Election of officers of Non-Professional Organizations;

    d. Classroom officers.

    Section 3. Election and Campaign Periods. - Unless otherwise fixed in special cases

    by the Electoral Board, elections shall be as follows:

    a. Officers of the Executive Council - Every second week of February;

    b. First Year Level Representatives - Every last week of June;

    c. Officers of Professional and Non-Professional Organizations - at

    such date as may be decided upon by such organizations, subject to the

    prior approval of the Electoral Board; and

    d. Classroom officers - Week after the First Year Level Representatives

    Elections

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  • Section 4. Plebiscites or Referendum. - All plebiscites and referenda shall be

    conducted by the Electoral Board after the approval of the Executive Council and

    Student Assembly on the amendments or revision to the Student Council

    Constitution, or important legislative measures for ratification of the electorate

    through an election called for the purpose.

    Section 5. Special Elections. - In case a vacancy arises in the Executive Council, the

    Executive Council shall call for a Special Election to be held within fifteen (15)

    days after the vacancy occurs to elect the officer to serve the unexpired term.

    Article II The Electoral Board

    Section 1. Powers and Functions of the Electoral Board. - In addition to the powers

    and functions conferred upon it by the San Beda College of Arts and Sciences

    Student Council Constitution, the Electoral Board shall have exclusive charge of

    the enforcement and administration of all laws relative to the conduct of elections

    for the purpose of ensuring free, orderly and honest elections. The Electoral

    Board shall:

    a.

    b.

    Decide, except the right to vote, all questions affecting the

    conduct of elections, including but not limited to the

    determination of qualifications of candidates, accreditation of

    student political parties and election protests;

    Deputize, upon concurrence of the Prefect of Student Affairs,

    bona fide students, to assist the Electoral Board in the exercise of

    its functions during election periods; Provided, that such bona fide

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  • c.

    d.

    e.

    f.

    students are not officers of any Professional or Non-

    Professional organizations recognized by the school.

    Promulgate rules and regulations implementing the provisions of

    this Code or other school rules and regulations which the

    Electoral Board is required to enforce and administer;

    Promulgate rules and regulations relative to the accreditation of

    student political parties;

    Summon parties to a controversy pending before it. Any

    controversy submitted to the Electoral Board shall, after

    compliance with the requirements of due process, be

    immediately heard and decided by it. No decision or resolution

    shall be rendered by the Electoral Board unless taken up in a

    formal session properly convened for the purpose;

    Prescribe the forms to be used in the election, plebiscite or

    referendum;

    g. Fix other reasonable periods for certain pre-election

    requirements in order that voters shall not be deprived of their

    rights of suffrage and certain groups of rights granted them by

    the San Beda College of Arts and Sciences Student Council

    Constitution and this Code; and

    h. Unless indicated in this Code, the Electoral Board is hereby

    authorized to fix the appropriate period for the various

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  • prohibited acts enumerated herein, consistent with the

    requirements of free, orderly, and honest elections.

    Section 2. Composition of the Electoral Board. -

    composed of the following:

    a. Chairman

    b. Vice Chairman

    c. Secretariat d.

    Treasurer

    e. Auditor

    f. Logistics Officer

    Article III Qualified Voters

    The Electoral Board shall be

    Section 1. Qualified Voters. - All members of the Studentry shall be qualified to

    vote and to be voted upon for any elective position, subject to the qualifications

    and limitations that may be imposed by this Code and such other rules and

    regulations issued by the school administration.

    All bona fide students of the San Beda College of Arts and Sciences shall, upon

    enrollment, be deemed members of the Studentry and shall continue to be so, for

    purposes of an election, unless they have taken a leave of absence or for any

    reason have been dropped from the list of official enrollees at the time of the

    election.

    Section 2. List of Voters. - The Electoral Board shall adopt the College Registrar's

    Official List of Students as the list of voters.

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  • Article IV

    Eligibility of Candidates

    Section 1. The Executive Council. - There shall be an Executive Council, which shall

    be the governing and executive body of the Studentry. The Executive Council

    shall be composed of the following officers:

    a. President

    b. Internal Vice-President

    c. External Vice-President

    d. Secretary-General

    e. Treasurer

    f. Auditor

    g. Fourth Year Level Representative

    h. Third Year Level Representative

    i. Second Year Level Representative

    j. First Year Level Representative

    Section 2. Elective Officers for Professional and Non-Professional Organizations. - Elective

    officers for Professional and Non-Professional Organizations shall be determined

    by their respective organization's outstanding constitution and shall be

    communicated to the Electoral Board in writing at the start of the academic year.

    Section 3. Classroom Organization Officers. - Classroom Organization Officers shall

    be limited to the following positions only:

    a. President

    b. Vice-President

    c. Secretary

    d. Treasurer

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  • e. Auditor

    f. Public Information Officer

    The class concerned shall vote for their respective Classroom Organization

    Officers using either secret ballots or viva voce methods. Provided, that students

    holding major positions Professional and Non-Professional, as well as Special Interest

    organizations and Student Arm shall not be elected as classroom organization officers.

    Provided further, that students holding any position in the Executive Council shall also be

    barred from running for any classroom officers' elections

    Major positions in Professional and Non-Professional, as well as Special Interest

    organizations and Student Arm shall mean the top three (3) positions, regardless of their

    nomenclature or designation.

    After the election of Class Officers, the classroom adviser shall immediately

    submit to the Electoral Board the list of winning candidates for certification.

    Upon certification, the Board shall then submit the list of winning classroom

    officers to the Office of the Prefect of Student Affairs. The Executive Council,

    through its President shall also be furnished with a copy of such list.

    Section 4. Qualification. - All elective officers of the Executive Council,

    Professional and Non - Professional Organizations and Classroom Organization

    Officers must be bona fide students of San Beda College of Arts and Sciences.

    Section 5. General Qualifications for the Executive Council. - In addition to Section 4

    of this Article of this Code, the following shall be the general qualifications for

    the Executive Council:

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  • a. Should not be under any probation within the academic year.

    Probation shall include attendance, disciplinary, and academic

    probations.

    b. Should have a GPA of not less than 2.25 in the immediately preceding

    regular semester of the election;

    c. Should not have any incomplete grades upon filing of Certificate of

    Candidacy;

    d. Should have at least fifteen (15) units of the subjects required for

    his/her course at the time of the election as certified by the Registrar's

    Office;

    e. A residence of at least four (4) consecutive semesters in the College of

    Arts and Sciences immediately preceding the election for the top three

    (3) positions, two (2) semesters for the rest of the positions with the

    exemption of the First Year Level Representative;

    f. Should not hold any position in any recognized organization in the

    College of Arts and Sciences during the filing of Certificate of

    Candidacy;

    Section 6. Additional Qualifications. - Notwithstanding the provisions of Sections 4

    and 5 of this Article, the following shall be additional qualifications for the

    following elective positions of the Executive Council:

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  • a. For the positions of President and Internal Vice-President, must be

    incoming senior students in the semester immediately succeeding the

    election;

    b. For the positions of External Vice-President, Secretary-General and

    Treasurer, must be either incoming junior or senior students in the

    semester immediately succeeding the election;

    c. For the position of Auditor, must be an incoming senior Accounting

    Major in the semester immediately succeeding the election; and

    d. For Year Level Representatives, must be bona fide students of the year

    level they are representing as classified by the College of Arts and

    Sciences

    Section 7. Petition for Disqualification. - A petition for disqualification may be filed

    by any member before the Electoral Board at any time but shall not be later than

    three (3) days before the elections. Said petition shall state the reason/s why the

    candidate is not qualified to run and shall be accompanied by supporting

    documents.

    Section 8. Filing of Answer/ Counter-Affidavits - The respondent shall, upon receipt

    of the disqualification case filed against him/her, submit his/her

    Answer/Counter-Affidavit within a non-extendible period of two (2) days. Said

    Answer/Counter-Affidavit shall be accompanied by supporting documents, if

    available.

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  • Section 9. Decision for Petition for Disqualification. - The Electoral Board shall

    immediately resolve the petition and shall decide the petition for disqualification

    within twenty-four (24) hours after the petition has been submitted for decision.

    Article V Political Parties

    Section 1. Political Parties. - This Code recognizes the creation and organization of

    student political parties. A student political party is herein defined as an organized

    group of students pursuing the same ideology, political ideas or platforms of

    government.

    Section 2. Accreditation and Registration. - To qualify for accreditation and be

    entitled to the rights and privileges granted to student political parties, such must

    be duly accredited and registered with the Electoral Board. Any organized group

    of students seeking accreditation and registration as a student political party must

    file with the Electoral Board, two (2) weeks before the first day of filing of

    Certificates of Candidacy, a petition for accreditation attaching the following:

    a. Its Constitution and By-Laws;

    b. Platform of government;

    c. List of officers and members; and

    d. Such other relevant information that the Electoral Board may require.

    The Electoral Board shall, after due notice and hearing, resolve the petition within

    twenty-four (24) hours from the date said petition is submitted for decision.

    Registration/Accreditation of a political party shall be valid until the end of the

    election period only.

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  • Article VI

    Certificates of Candidacy

    Section 1. Certificate of Candidacy. - No member of the Studentry shall be eligible

    for any elective office unless he/she files a certificate of candidacy within the

    period fixed by the Election Board for such purpose.

    Each candidate shall file his/her Certificate of Candidacy personally.

    A member who has filed a certificate of candidacy may, prior to Election Day,

    withdraw the same by submitting to the Electoral Board a written declaration to

    that effect.

    No member shall be eligible to run for more than one (1) office in the same

    election. If he/she files his/her certificate of candidacy for more than one (1)

    office, he/she shall be automatically disqualified and shall not be eligible to run

    for any position for that particular election.

    Section 2. Contents of Certificate of Candidacy. - The certificate of candidacy shall

    state that the person filing it is announcing his/her candidacy for the office stated

    therein and that he/she is eligible for said office.

    A candidate shall use in the certificate of candidacy the name which appears in

    his/her official enrollment form in the College of Arts and Sciences. When there

    are two or more candidates for the same office with the same name or surname,

    each candidate shall state his paternal and maternal surnames. The candidate may

    include no more than two (2) nicknames or aliases by which he or she is generally

    and popularly known.

    A member filing a Certificate of Candidacy shall also attach the following:

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  • 1. One (1) 2x2 recent photo;

    2. A photocopy of the Scholastic Report Card from previous semester;

    3. A certification duly signed and sealed by the Prefect of Student

    Discipline that he/she is not under any probation;

    4. A copy of his/her registration form for the second semester, stating that

    he/she is duly enrolled for at least fifteen (15) units; and

    5. A certification duly signed and sealed by the College Registrar of his/her

    year-level classification in the semester succeeding the election.

    Section 3. Date of Filing. - The Certificate of Candidacy shall be filed five (5)

    working days prior to the campaign period duly scheduled by the Board in

    accordance with the Student Council Constitution as stated in the CAS Student

    Handbook.

    Section 4. Ministerial Duty of Receiving and Acknowledging Receipt. - The Certificate of

    Candidacy shall be filed before the Chairman of the Electoral Board. It shall be

    the Electoral Board's ministerial duty to receive and acknowledge receipt of the

    Certificate of Candidacy.

    Section 5. Effect of Filing of Certificate of Candidacy to Incumbent Officers. - Upon filing

    of the Certificate of Candidacy, an elected officer is deemed to have resigned

    from any position in any recognized organization in the College of Arts and

    Sciences.

    Section 6. Death, Withdrawal or Disqualification of a Candidate. - If after the last day

    for the filing of certificates of candidacy, an official candidate of an accredited

    political party dies, withdraws for any just cause or is disqualified for any cause,

    only a person belonging to, and certified by, the same party may file a certificate

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  • of candidacy to replace the candidate who died, withdrew or was disqualified. The

    substitute candidate nominated by the party concerned may file his Certificate of

    Candidacy for the office not later than 12:00 noon of the day before the Election

    Day.

    Article VII

    Campaign and Election Propaganda

    Section 1. Election Campaign, Definition. - The election campaign is any act

    designed to promote the election of any particular candidate or party to an office.

    Section 2. Persons Allowed to Campaign. - While this Code recognizes the role of

    the alumni and other non-Bedan supporters of the candidates, elections are

    conducted solely for school purposes and as such, only bona fide students of the

    College of Arts and Sciences who are currently enrolled as such are allowed to

    campaign directly during election period. Campaigning directly shall include but

    not limited to the following activities:

    a. Participating in room-to-room campaign activities;

    b. Participating in the Miting de Avance as speakers, campaign managers,

    etc.; and

    c. Participating in the dissemination of campaign paraphernalia and

    materials such as posting campaign posters, streamers, etc.

    Section 3. Persons Not Allowed to Campaign. - The following are not allowed to

    campaign directly:

    a. Persons who are not bona fide students of the College of Arts and

    Sciences; and

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  • b. Alumni and non-Bedan supporters.

    Incumbent officers of the Executive Council are prohibited directly or indirectly

    from participating in any campaign activities.

    Section 4. Election Paraphernalia. - Only the following election paraphernalia are

    allowed:

    a. Pamphlets, leaflets, flyers and postcards no bigger than 8.5" x 14" in

    size;

    b. Ten (10) posters no bigger than 23" x 28.5" in size for political parties

    and five (5) for independent candidates;

    c. Two (2) streamers not exceeding 72" x 42" in size for political parties

    and one (1) streamer not exceeding 72" x 42" in size for independent

    candidates;

    d. Baller IDs;

    e. Buttons and pins; and

    f. Shirts and jackets bearing the name and image of candidates. Only

    campaign managers, assistant campaign managers and candidates are

    allowed to wear such apparels.

    g. Any multimedia or interactive tools that will be used shall be approved

    by the Office of the Prefect of Student Affairs and Electoral Board,

    given that the political parties will pay for the consume of electricity.

    Campaign booths allotted shall contain only the above-mentioned election

    paraphernalia, if applicable.

    Section 5. Registration of All Election Paraphernalia. - All election and campaign

    paraphernalia shall be duly registered with the Electoral Board. Prior approval of

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  • the Office of the Prefect of Student Affairs is needed before any election

    paraphernalia may be posted, distributed or otherwise displayed in public.

    In case required by school rules and regulations, parties concerned shall also

    secure approval from proper school authorities regarding the public display of any

    election propaganda before seeking registration with the Electoral Board.

    The Electoral Board shall have the power to refuse the registration of any election

    paraphernalia if such materials are not in conformity with the guidelines set by this

    Code or it is prejudicial to other candidates or parties.

    Section 6. Removal, Destruction or Defacement of Election Paraphernalia. - Any person

    caught or reported removing, destroying, obliterating or in any manner defacing or

    tampering with, or preventing the distribution of the election paraphernalia during

    the election period shall be investigated and reported by the Electoral

    Board to the Office of the Prefect of Student Discipline.

    Section 7. Violation of this Article, Penalty. - Any election paraphernalia not cited or

    not in conformity with the limitations set by this Article shall be confiscated by

    the Electoral Board. The provisions of Section 2, Article IX of this Code shall also

    be applied accordingly.

    Article VIII Campaign Period

    Section 1. Duration of Campaign Period. - The campaign period shall last for ten

    (10) days, and shall start the day after the screening of candidates and end at 12:00

    midnight of the day of the Miting de Avance.

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  • Section 2. Room-to-room Campaigning, Limitations. - Candidates shall be allowed to

    conduct room-to-room campaigning, subject to the schedule given them by the

    Electoral Board.

    A maximum of fifteen (15) minutes will be granted per party and three (3)

    minutes per independent candidate to deliver their platform inside a particular

    classroom.

    Section 3. Persons Allowed to Conduct Room-to-Room Campaigning. - Only candidates,

    together with their campaign manager and two (2) assistant campaign managers

    shall be authorized to campaign inside the classrooms. Independent candidates

    shall be accompanied by their respective campaign managers. In all cases, the

    campaign sorties shall be accompanied by a maximum of three (3) Electoral Board

    members who shall supervise the activity.

    Section 4. Violation of this Article, Penalty. - The provisions of this Article shall be

    strictly applied. Any violation thereof shall be dealt with in accordance with

    Section 2, Article IX of this Code.

    Article IX Penalties and Sanctions

    Section 1. Application of Penalties. - Any violation of the provisions stated in

    this Code shall be subject to penalties as may be determined by the Electoral

    Board after due course. The provisions of the Student Handbook shall also be

    applicable.

    Section 2. Weight of Penalty and Corresponding Sanctions. - The following penalties

    and sanctions shall be observed accordingly:

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  • A. For violation of any offense categorized as a Major Offense by the

    Student Handbook, perpetual disqualification for holding office.

    B. For violation of any offense categorized as Minor Offense by the

    Student Handbook, the gravity of such minor offense shall be punished as

    follows, with Level One as the least grave minor offense:

    1. Level One Offense:

    directly or indirectly.

    2. Level Two Offense:

    directly or indirectly.

    3. Level Three Offense:

    directly or indirectly.

    One (1) day suspension from campaigning

    Three (3) days suspension from campaigning

    Five (5) days suspension from campaigning

    Should any suspended candidate participate in campaigning directly or

    indirectly during his/her suspension; such candidate shall be disqualified

    from running in the elections.

    C. For violations of the allotted time for room-to-room campaigning:

    a. 1st violation: One (1) scheduled classroom campaign shall be

    cancelled.

    b. 2nd violation: Half of the entire day's scheduled classroom

    campaign shall be cancelled.

    c. 3rd violation: All classroom campaign scheduled for the entire day

    shall be cancelled.

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  • D. For violations on election paraphernalia:

    a. 1st violation: Removal of two streamers as paraphernalia and

    cancellation of one (1) scheduled classroom campaign.

    b. 2nd violation: Removal of ten posters as paraphernalia and

    cancellation of half of the whole day's scheduled classroom campaign.

    c. 3rd violation: Removal of respective booth and cancellation of all

    classroom campaign scheduled for that day.

    Succeeding violation of the same offense shall result to the disqualification

    of the entire party including their candidates to join the elections.

    Should any of the provisions of this Code be violated on the last day of the

    election period, such violation will warrant the non-accreditation of the political

    party concerned, upon prior determination of the Board, in the next succeeding

    elections.

    Section 3. Applicability to Other Violations. - The above-mentioned penalties and

    sanctions shall also be applied to other violations of the Code and other rules and

    regulations issued by the Electoral Board.

    The penalties incurred by this Code shall be without prejudice to the application

    of penalties prescribed by the Student Handbook.

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  • Article X

    Miting de Avance

    Section 1. Miting de Avance. - The Miting de Avance shall be held on the last day of

    the campaign period. The Electoral Board shall choose a recognized organization

    which will help it in organizing said activity.

    Section 2. Rules for Miting de Avance. - The Electoral Board, together with the

    chosen recognized organization, shall formulate fair and reasonable rules that shall

    govern the Miting de Avance.

    Section 3. Manner of Selection. - The Electoral Board shall call all the heads of

    recognized organizations in a meeting for the purpose of determining who shall

    assist the Board in the conduct of the Miting de Avance.

    Article XI Election Day

    Section 1. Election Day. - Election Day shall be held on the date. Place and time

    fixed by the Electoral Board. Absentee voting may be allowed subject to the prior

    approval of the Board. Those intending to avail of this privilege shall file a written

    petition stating their intent to avail the absentee voting and their reason for such.

    Said petition shall be filed five (5) days prior to the election. The Board shall have

    the right to approve or disapprove petitions for absentee voting.

    Section 2. Manner of Election. - All elections shall be by secret ballot. In the

    exercise of the member's right to vote, he/she shall adopt and observe the system of

    individual voting.

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  • Section 3. Voting Hours. - The casting of votes shall start at 9:00 o'clock in the

    morning and shall end at 5:00 o'clock in the afternoon.

    Section 4. Persons Allowed Inside the Polling Precinct. - During the voting, no person

    shall be allowed inside the polling place except the following:

    a. Officers and members of the Electoral Board;

    b. Observers, two (2) in case of the political parties, and one (1) in case of

    independent candidates. Said observers shall be allowed to monitor the

    voting process but shall not be allowed in all cases to accompany the

    voters inside the voting booths.

    Section 5. Election Turnout. - In any Regular Elections, there must be at least fifty

    per centum plus one (50% + 1) of the total number of students in the College of

    Arts and Sciences that should vote on the date fixed by the Election Board.

    In case of Special Elections, the Electoral Board may set a reasonable percentage

    of the total number of students in the College of Arts and Sciences that should

    vote on the date fixed for such purpose.

    Section 6. Declaration of Failure of Elections. - Failure of elections shall be declared

    by the Electoral Board upon a verified complaint or on its own initiative in the

    following instances:

    a. The total votes cast are less than fifty per centum plus one (50% +1) of

    the total number of qualified votes;

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  • b. On account of force majeure, violence, fraud or other analogous causes

    that may adversely affect the casting of votes or the result of the

    election as determined by the Electoral Board.

    Article XII Counting of Votes

    Section 1. Uninterrupted Canvassing. - As soon as the voting is finished, the

    Electoral Board shall count in the designated areas the votes cast and ascertain the

    results. The Board shall not adjourn, postpone or delay the canvassing.

    Section 2. Persons Allowed to Witness Canvassing. - No other persons except the

    officers and members of the Electoral Board and the authorized watchers of the

    political parties and independent candidates shall be allowed inside the polling

    precinct. Every accredited political party shall be allowed a maximum of four (4)

    watchers to witness the canvassing inside the polling precinct. Independent

    candidates shall be allowed a maximum of one (1) watcher.

    Section 3. Rights and Duties of Watchers. - The watchers shall have the following

    rights and duties:

    a. They shall have the right to stay in the space reserved for them in the

    canvassing;

    b. They shall have the right to witness the canvassing;

    c. They shall have the right to file protests against any irregularities

    and/or violations;

    d. They shall have the right to read the unsecured ballot after they have

    been read by an Election Board officer; and

    e. They shall have the right to be furnished a certificate of number of

    votes cast for the candidates.

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  • Article XIII

    Official Ballots

    Section 1. Official Ballots. Ballots shall be of uniform size and shall be printed on paper

    with watermarks or other marks that will readily distinguish the ballot paper from ordinary

    paper. It shall contain the student number on the upper right portion of the ballot. It shall

    also bear at the top portion thereof the logo of the Electoral Board, the words Official

    Ballot and the academic year of the election. A notice stating: Fill out this ballot secretly

    inside the voting booth. Do not put any distinctive mark on any part of this ballot shall be

    printed on the face of the ballot. Each ballot shall be in a shape of strip with stub and

    detachable coupon.

    Each ballot shall contain all the names of the candidates running for their respective offices,

    sufficient space or spaces with boxes where the voter may write a check mark () beside

    the name or names of the candidates voted for.

    In case of ballots to be used for the election of the Executive Council, it shall contain colors

    designated for each year level.

    Notwithstanding the preceding provisions of this section, the Electoral Board is hereby

    empowered to prescribe a different form of ballot to facilitate more efficient voting and or

    adapt to the latest technological and electronic devices.

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  • Article XIV

    Rules for the Appreciation of Ballots

    Section 1. Presumption of Validity. - In the reading of ballots, every ballots and

    votes contained therein shall be presumed valid unless there is a clear and good

    reason to justify its rejection. The Electoral Board shall observe the rules stated in

    this Article, bearing in mind that the object of election is to obtain the expression

    of the voter's will.

    Section 2. Excess ballots. Before proceeding to count the votes, the Board shall

    count the ballots in the compartment for valid ballots without unfolding them or

    exposing their contents, except so far as to ascertain that each ballot is single, and

    compare the number of ballots in the box with the number of voters who have

    voted.

    The number of ballots shall also be compared with the number of the detachable

    stubs contained in the box. If there are excess ballots, the Member of the Board

    assigned to such ballot box shall return the excess ballots in the box and

    thoroughly mix it. Without looking into the contents, he shall then draw out as

    many ballots as may be equal to the excess and without unfolding them, place

    them inside and envelope which shall be marked "EXCESS BALLOTS" and

    which shall be sealed and signed by the members of the Board. Said excess ballots

    shall not be included in the counting of votes.

    Section 3. Void Ballots. - The following are void ballots and their invalidity shall

    attach to all the votes contained in the ballots:

    a. Ballots that bear no student number or control number;

    b. Ballots that bear any mark that in any way defame or malign any

    candidate;

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  • c. Ballots that bear distinctive marks to identify any voter with such

    ballot; and

    d. Ballots which are deformed in such a way that would make reading it

    impossible.

    Section 4. Void Votes. - The following are void votes and shall not be counted in

    favor of any candidate voted for such position but the ballot shall still be valid for

    the other positions:

    a. Votes which have been crossed out or erased creating confusion as to

    the true intention of the voter;

    b. Votes marking two (2) or more candidates; and

    c. Votes not complying with the prescribed manner of marking such

    votes.

    Section 5. Valid Ballots. - The following are valid ballots:

    a. Ballots wholly written on ink;

    b. Ballots bearing accidental tearing; and

    c. Ballots not otherwise stated in Section 2 of this Article

    Article XV

    Proclamation of Winners

    Section 1. Proclamation of Winners. - The winners shall be proclaimed by the

    Electoral Board immediately after the votes cast have been tallied subject to the

    provision of Section 2, Article XV on election protests.

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  • Article XVI

    Complaints and Election Protests

    Section 1. Electoral Board as Sole Judge. - The Electoral Board shall be the sole

    judge of all contests relating to the qualification of candidates, the conduct of

    elections, plebiscites or referenda and the validity of returns therefrom.

    Section 2. Complaints. - All complaints regarding any student elections of the

    College of Arts and Sciences shall be in writing duly addressed to the Chairman of

    the Electoral Board. Verbal complaints shall not be given due course by the

    Board.

    All complaints shall state the pertinent facts attendant to the act/s complained of.

    Complainant shall also attach supporting documents, if available.

    Section 3. Conduct of Investigation. - (a) The Electoral Board shall require the

    respondent to submit four (4) copies of his Answer and other supporting

    documents to the complaint within a non-extendible period of twenty-four (24)

    hours. Respondent shall also furnish the complainant of his answer and

    supporting documents.

    (b) Upon the submission of the Answer, the Electoral Board shall act upon the

    complaint within twenty-four (24) hours upon submission.

    Section 4. Protests on the Conduct of Elections. - The following shall be observed in

    cases of protests:

    a. Any duly accredited watcher contesting the inclusion, exclusion or

    deferment of any ballot or vote in the canvassing of votes shall make

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  • verbal objection to the Electoral Board at the time the questioned

    ballot or vote is presented for inclusion or exclusion.

    b. The Electoral Board shall immediately resolve the issue, but will

    segregate the ballot questioned and proceed with the canvassing of the

    other ballots.

    c. Any aggrieved party may file a formal election protest with the

    Electoral Board en banc within twenty-four (24) hours after the

    completion of the canvassing of votes. The Electoral Board shall

    decide the said protest within twenty-four (24) hours after the protest

    has been submitted for decision.

    d. Failure to make a verbal objection at the proper time or to file a protest

    of the decision of the Electoral Board on such verbal objection shall

    prohibit any action on the said questioned ballot or vote.

    Section 5. Deferment of Proclamation. - The filing of an election protest shall defer

    the proclamation of the officer-elect for the office concerned but shall not affect

    the proclamation of the other officers-elect.

    The proclamation shall not be deferred if the resolution of the questioned ballot

    or vote shall not affect the results of the elections.

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  • Article XVII

    Decisions of the Electoral Board and Appeal

    Section 1. Effectivity of Decisions. - Decisions issued by the Electoral Board

    regarding any matters brought before it shall be final and executory unless appeal

    has been filed within the period of twenty-four (24) hours before the Office of the

    Prefect of Student Affairs.

    Article XVIII Applicability of the Omnibus Election Code of the Philippines

    Section 1. Applicability of BP. 881. - Batas Pambansa Blg. 881, as amended

    otherwise known as "The Omnibus Election Code of the Philippines" shall be

    applicable suppletorily to this Code.

    Article XIX Effectivity

    Section 1. Effectivity. - This Omnibus Election Code shall be effective

    immediately after its approval by the Electoral Board en banc and notice

    thereafter has been submitted to the Executive Council and Prefect of Student

    Activities.

    References:

    The Omnibus Election Code of the Philippines

    Outline Reviewer in Political Law by Antonio B. Nachura, 2006 Ed.

    Comments on the Omnibus Election Code by Ruben Agpalo, 2004 Ed.

    Philippine Constitution by Hector De Leon, 2002 Ed. SBC-CAS Student

    Information Handbook, 2009 Ed.

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