Comelec plan to allow voting in malls ‘very noble’ but ‘impractical,’ says election lawyer

An election lawyer on Monday said that while the Commission on Elections' plan to allow voting in malls is a "very noble project," the poll body should look into some legal loopholes to make the planned undertaking more effective.
 

In a phone interview, election lawyer Romulo Macalintal said the idea may also be impractical if the 2016 polls will be automated because the ballots are precinct specific. 

 

"The ballot can only be counted by a specific PCOS machine. Thus, if say only 50% of voters in Precinct 1 will vote in the malls, their ballots have to be brought to the original or mother Precinct 1 since the PCOS assigned in such precinct is the only one programmed to accept the ballots for counting," Macalintal told GMA News Online. 

In response to this, Comelec Chairman Andres Bautista clarified that the entire precincts will be transferred to mall polling sites.

"No problem as we will transfer entire precincts to the malls," he said in a separe interview.

 

Macalintal also pointed out that Sections 42 and 155 of the Omnibus Election Code specified the allowable polling places, which are public schools or any other public buildings. 
 

"Sections 42 and 155 of Omnibus Election Code provide that transfer of polling places could be effected only through petitions of political parties; or petition of 50% of voters; or by resolution of Comelec if existing polling place is no longer usable." he said. 

 

The election lawyer also noted that poll places should not be under the actual control of a private entity, a political party or religious group. The private building should not be owned by a candidate or political parties or their relatives within the fourth civil degree of consanguinity or affinity. 

 

"What if relatives of these mall owners file their certificate of candidacy in October? Then it will affect Comelec preparation. This is a very noble project but Comelec should look into some legal loopholes to make it more effective," Macalintal said. 

 

In a resolution on March 25, Comelec stated that the deadline to file petitions to transfer polling places will be on November 27. 

When asked if Comelec will have enough time to make sure the mall polling sites follow the specifications of the Omnibus Election Code, Bautista said, "Yes, we have until November 7 to finalize the project of precincts."

At the launch of Comelec's satellite registration services in Robinsons Place Manila last July 11, Chairman Andres Bautista listed the many advantages of setting up poll sites in malls. 

 

He said mall amenities will improve the experience of voters. The sites will also help reduce the number of voters per precinct and decongest public schools.

 

"Ang daming ills of election na puwede mong ma-mitigate: vote buying, violence, issues of impatience... Ang AFP at PNP, we can deploy them in the malls... I don't think security will be an issue," he said. — RSJ/KBK, GMA News