Sunday, September 13, 2009

Pertinent Election Documents in PCOS Automated Election System

PERTINENT ELECTION DOCUMENTS IN A PCOS AUTOMATED ELECTION SYSTEM
Prepared by: Atty. Luie Tito F. Guia
List of election documents that would most likely be used as evidence in election disputes involving the correctness and the validity of votes credited to each candidate.

A. Paper Ballot
1. Description:
  • Paper Ballot containing the printed names of all candidates with corresponding ovals or circles, which may be filled using a pen to indicate a vote.
  • Over-vote will result in no vote for the position.
  • Contains bar code for authentication. The PCOS machine will not accept/read ballots without or with wrong barcode
  • PCOS machines are configured to read specific number of ballots only per precinct
  • Deposited in a ballot box after they shall have been scanned by the PCOS machine
    Signed by the BEI Chair (?)

2. Information Included:

  • Names of Candidates and the votes for each of the contested positions

3. Evidentiary Value:

  • Proof of votes cast
  • Proof of the number of votes obtain by candidates

B. Captured Image of the Ballot

1. Description:

  • A scanned image of the ballot cast by a voter and stored in the memory of the PCOS machine
  • The image is captured by the PCOS machine

2. Information Included

  • Names of Candidates and the votes for each of the contested positions

3. Evidentiary Value:

  • Back up proof of votes cast
  • Back-up proof of the number of votes obtained by candidates

C. Electronic Election Returns transmitted to the Municipal/City Board of Canvassers

1. Description:

  • In electronic or digital form, not paper
  • Generated by the PCOS machine upon execution by the BEI of a command after the voting period and automatically transmitted to the Municipal/City Board of Canvassers.
  • It is the copy that will be used to canvass precinct results

2. Information Included:

  • Number of Votes of all candidates in a specified precinct
  • The precinct, municipality or city, province
  • The number of voters who actually voted or the number of ballots counted(?)

3. Evidentiary Value:

  • Proof of the total number of votes obtained by all candidates in a precinct
  • Proof of the number of voters who actually voted(?)
  • Proof of the results of a particular precinct having been canvassed

D. Electronic Election Returns transmitted to the COMELEC Server

1. Description:

  • In digital or electronic form which COMELEC may use in publishing results in its public website.

2. Information Included:

  • Number of Votes of all candidates in a specified precinct
  • The precinct, municipality or city, province
  • The number of voters who actually voted or the number of ballots counted(?)

3. Evidentiary Value:

  • Back up proof of the total number of votes obtained by all candidates in a precinct
  • Back up proof of the number of voters who actually voted(?)
  • Back up proof of the results in a particular precinct having been canvassed

E. Electronic Election Returns transmitted to the SERVER for the dominant majority/minority parties, citizens’ arm authorized to do a count, and the KBP.

1. Description:

  • In digital or electronic form which the dominant majority/minority parties, citizens’ arm authorized to do a count, and the KBP, may access

2. Information Included:

  • Number of Votes of all candidates in a specified precinct
  • The precinct, municipality or city, province
  • The number of voters who actually voted or the number of ballots counted(?)

3. Evidentiary Value:

  • Proof of the total number of votes obtained by all candidates in a precinct
  • Proof of the number of voters who actually voted(?)
  • Proof of the results in a particular precinct having been canvassed

F. Paper or Printed Election Returns

1. Description

  • Printed on a paper that looks like a receipt print out generated by grocery adding machines
  • Mandatory printing of 30 copies intended for several recipients, like political parties, national and local CSOs, national and local CSO monitors, national and local media
  • One copy should be posted outside of the polling place for public viewing.

2. Information Included:

  • Number of Votes of all candidates in a specified precinct
  • The precinct, municipality or city, province
  • The number of voters who actually voted or the number of ballots counted(?)

3. Evidentiary Value:

  • Proof of the total number of votes obtained by all candidates in a precinct
  • Proof of the number of voters who actually voted(?)
  • Proof of the results in a particular precinct having been canvassed

F. Audit log

1. Description

  • Printed by the PCOS machine after the voting and counting
  • Also in the same form as the paper election return

2. Information Included:

  • Activities of the machine from start to finish
  • Time of zero initialization
  • Time of start of Voting
  • Time ballots were fed to the PCOS machine, scanned.
  • Time voting ended
  • Time ER copies were generated
  • Number of ballots scanned
  • Number of ballots rejected

3. Evidentiary Value:

  • Proof of the activities of the machine
  • Proof of time machine starts to be operated
  • Proof of time when voting ended.
  • Proof of how many ballots were scanned.
  • Proof of number of rejected ballots

G. Minutes of Voting and Counting

1. Description:

  • In paper form consisting of 2 copies, one for the ballot box, another to be submitted to the ERSD
  • Data and information on the following;
    Time voting started
    Time voting ended
    Time election return generated
    Challenges against voters
    Objections to procedures
    Ruling of the BEIs on the challenges and objections
    Names of watchers and their candidates and parties
    Rejected Ballots
    Number of illiterate and disabled voters
    The signature of the BEI members

3. Evidentiary Value:

  • Proof of the proceedings in the Clustered Precinct, as well of the information reflected therein.

G. Election Day Computerized Voter’s List (EDCVL)

1. Description:

  • Printed Voter’s List for a specific precinct in the possession of the BEI where information about voters are reflected, and which is also use in the process of identifying the person presenting himself as a voter on election day
  • Separate EDCVL for each individual precinct even when several precincts are clustered

2. Information Included:

  • Names of registered voters in a precinct
  • Number of registered voters in a precinct
  • Address of each of the registered voter in a precinct
  • Age of each of the registered voter in a precinct
  • For some, photograph of each registered voter in a precinct
  • The signature of the voter who was given a ballot
  • The thumbmark of the voter given a ballot
  • The serial number of the ballot given to the voter(?)
  • The signature of the BEI Chair attesting to the giving of ballot to the voter

3. Evidentiary value:

  • Proof of a voter registered in a particular precinct
  • Proof of qualified or unqualified voters having voted
  • Proof of the number of registered voter in each precinct
  • Proof of a voter having voted
  • Proof of the number of voters who actually voted
  • Proof that voter cast his own ballot(?)

H. Posted Computerized Voters’ List (PCVL)

1. Description:

  • The Listing of Voters in a Precinct posted outside of the Polling Place and is intended for use of voters to verify the appropriate polling place for them

2. Information Included:

  • Names and addresses of registered Voters in a precinct
  • Number of registered voters precinct

3. Evidentiary Value:

  • Proof of the number of registered voters in a particular precinct
  • Proof of a voter registered in a particular precinct

I. Voter Registration Record (VRR)

1. Description:

  • A document containing all the relevant data pertaining to each voter
  • The VRRs or voters in a precinct are bound and the bound form is called the book of voters.

2. Information Included:

  • Pertinent personal data of each voter in a precinct

3. Evidentiary Value:

  • Proof of a voter being registered in a particular precinct
  • Proof of information pertaining to a particular voter

J. Book of Voters

1. Description:

  • Bound compilation of all the VRRs of the registered voters in a specific precinct

2. Information Included:

  • More detailed information on each of the registered voter in a precinct
  • Number of registered voters in each precinct

3. Evidentiary Value:

  • Proof of registered voters in a particular precinct
  • Proof of the number of registered voters

K. Data stored in the Memory or Electronic Storage Device of the PCOS
Digital and Electronic form

1. Description:

  • Record of the activities and actions of the machines
    Activities of the Machine

2. Information Included:

  • Data on the number of ballots counted by the specific PCOS
  • Data on the votes obtained by candidates in a particular precinct

3.Evidentiary Value:


  • Back –up proof of the activities of the PCOS machines
    Back-up proof of the results of the election in a particular precinct

L. Software consisting of the operating system, the applications used, and source code, etc. by the PCOS machine.

1. Description:

  • Digital form
    Softwares involved in the scanning, recording, image capturing, counting of votes, as well as in the electronic transmission of results, including digital signing and authentication protocols

2. Information Included:

  • Information on the manner by which votes have been scanned, recorded, image of the ballot captured, counted, and the manner by which results were transmitted, as wells as the process of authenticating digital signatures.

3. Evidentiary Value:

  • Proof of the manner by which votes have been scanned, recorded, image of the ballot captured, counted, and the manner by which results were transmitted, as wells as the process of authenticating digital signatures.

M. Objections, Challenge, and Ruling Forms

1. Decription:

  • Paper forms to be filled up as needed.
  • Paper forms indicating the ruling of the BEI on the objections and challenges

2. Information Included:

  • Challenges and Objections raised by watchers
  • Rulings of the BEI on the challenges and objections

3. Evidentiary Value:

  • Proof that perceived irregularities were reported
  • Proof that BEI has ruled on the objections and challenges

N. Electronic Municipal/City Certificate of Canvass transmitted to the Provincial Board of Canvassers

1. Description:

  • Digital or Electronic Form
  • Generated by the Consolidating Machines at the canvassing
  • Simultaneous transmission to three different location

2. Information Included:

  • The total votes credited to each candidate in a city or municipality
  • May indicate the number of precincts as well as the number of ballots covered

3. Evidentiary Value:

  • Proof of the votes credited to each candidate in a city of municipality
  • Proof of number of precincts as well as the number of ballots covered

O. Electronic Municipal/City Certificate of Canvass transmitted to the COMELEC back up server

1. Description:

  • Digital or Electronic Form
  • Generated by the Consolidating Machines at the canvassing
  • Simultaneous transmission to three different location

2. Information Included:

  • The total votes credited to each candidate in a city or municipality
  • May indicate the number of precincts as well as the number of ballots covered

3. Evidentiary Value:

  • Back-up Proof of the votes credited to each candidate in a city of municipality
  • Back-up Proof of number of precincts as well as the number of ballots covered

P. Electronic Municipal/City Certificate of Canvass transmitted to the SERVER for the dominant majority/minority parties, citizens’ arm authorized to do a count, and the KBP.

1. Description:

  • Digital or Electronic Form
  • Generated by the Consolidating Machines at the canvassing
  • Simultaneous transmission to three different location

2. Information Included:

  • The total votes credited to each candidate in a city or municipality
  • May indicate the number of precincts as well as the number of ballots covered

3. Evidentiary Value:

  • Proof of the votes credited to each candidate in a city of municipality
  • Proof of number of precincts as well as the number of ballots covered

Q. Printed Municipal City Certificate of Canvass

1. Description:

  • Printed form
  • Printed by the Consolidating Machines at the canvassing

2. Information Included:

  • The total votes credited to each candidate in a city or municipality
  • May indicate the number of precincts as well as the number of ballots covered

3. Evidentiary Value:

  • Proof of the votes credited to each candidate in a city of municipality
  • Proof of number of precincts as well as the number of ballots covered

R. Statement of Votes by Precinct (SOVP)

1. Description:

  • Supporting document for Municipal/City Certificates of Canvass
  • May be in printed or electronic form
  • Contains votes per precinct in the municipality

2. Information Included:

  • Summary of the Votes per Precinct in a city or municipality

3. Evidentiary Value:

  • Back up proof of the results of the election per precinct in a city or municipality

S. Electronic Provincial Certificate of Canvass transmitted to the Provincial Board of Canvassers

1. Description:

  • Digital or Electronic Form
  • Generated by the Consolidating Machines at the canvassing
  • Simultaneous transmission to three different location

2. Information Included:

  • The total votes credited to each candidate in a province
  • May indicate the number of precincts as well as the number of ballots covered

3. Evidentiary Value:

  • Proof of the votes credited to each candidate in a province
  • Proof of number of precincts as well as the number of ballots covered

T. Electronic Provincial Certificate of Canvass transmitted to the COMELEC back up server

1. Description:

  • Digital or Electronic Form
  • Generated by the Consolidating Machines at the canvassing
  • Simultaneous transmission to three different location

2. Information Included:

  • The total votes credited to each candidate in a province
  • May indicate the number of precincts as well as the number of ballots covered

3. Evidentiary Value:

  • Back-up Proof of the votes credited to each candidate in a province
  • Back-up Proof of number of precincts as well as the number of ballots covered

U. Electronic Provincial Certificate of Canvass transmitted to transmitted to the SERVER for the dominant majority/minority parties, citizens’ arm authorized to do a count, and the KBP.

1. Description:

  • Digital or Electronic Form
  • Generated by the Consolidating Machines at the canvassing
  • Simultaneous transmission to three different location

2. Information Included:

  • The total votes credited to each candidate in a province
  • May indicate the number of precincts as well as the number of ballots covered

3. Evidentiary Value:

  • Proof of the votes credited to each candidate in a province
  • Proof of number of precincts as well as the number of ballots covered

V. Printed Provincial Certificate of Canvass

1. Description:

  • Printed form
  • Printed by the Consolidating Machines at the canvassing

2. Information included:

  • The total votes credited to each candidate in a city or municipality
  • May indicate the number of precincts as well as the number of ballots covered

3. Evidentiary Value:

  • Proof of the votes credited to each candidate in a city of municipality
  • Proof of number of precincts as well as the number of ballots covered

W. Statement of Votes by Municipality or City (SOVM)

1. Description:

  • Supporting document for Provincial Certificates of Canvass
  • May be in printed or electronic form

2. Information Included:

  • Contains votes per component city or municipality in the province
  • Summary of the Votes per city or municipality in a province

3. Evidentiary Value:

  • Back up proof of the results of the election per city or municipality in a Province

X. Statement of Votes by Province, HUCs,

1. Description:

  • May be in printed or electronic form

2. Information Included:

  • Contains votes per province, highly urbanized cities to support the national canvass for the election of president, vice-president, senator, and party-list candidates
  • Summary of the Votes per Province

3. Evidentiary Value:

  • Back up proof of the results of the election per province

Y. Certificate of Canvass and Proclamation

1. Description:

  • Most probably in Printed Form
  • Document proclaiming the winners at all levels of canvassing

2. Information Included:

  • The Winning Candidate per position and their respective number of votes

3. Evidentiary Value:

  • Proof of formal proclamation of an election victory and the number of votes of obtained by winners

Z. Canvass Objections, Ruling Forms

1. Description:

  • Paper forms to be filled up as needed.
  • Paper forms indicating the ruling of the BOC on the objections and challenges

2. Information Included:

  • Challenges and Objections raised by candidates
  • Rulings of the BOCs on the objections raised

3. Evidentiary Value:

  • Proof that perceived irregularities were reported
  • Proof that BOCs has ruled on the objections and challenges