Libertas in partnership with the International Foundation on Electoral System (IFES) conducted a focused group discussion on the adjudication of election protests in a Precinct Count Optical Scan (PCOS) automated election system, on December 7, 2009 at the Adarna Restaurant, Quezon City.
The group, composed of representatives from the Commission on Elections (COMELEC), the Supreme Court, the Legal Network on Truthful Elections (LENTE), the Parish Pastoral Council for Responsible Voting (PPCRV) and some practicing election lawyers, discussed the following issues:
1. Should Congress provide for standards in the adjudication of election protests under an automated election system?
2. What would be the most likely scenarios if Congress failed to legislate on these standards?
3. What would be the best way to address these scenarios?
4. What are the scenarios that may lead to the filing of an election protest?
5. What scenarios will lead to a prayer for recount? Will recount be allowed?
6. If recount is allowed, how will recount be done? Machine recount or Manual Recount?
7. What will be recounted? Physical Ballot or the Scanned Ballot?
The participants also discussed the possible innovations/improvements on the existing rules on the adjudication of election protests.
