Ex-Comelec exec: Mall voting for Eleksyon 2016 'illegal'

A former top official of the Commission on Elections (Comelec) said the poll body's initiative to move select clustered precincts to malls for the May 9 elections is "illegal," with preparations being done beyond the time frame imposed by law.

Election lawyer Gregorio Larrazabal, who had previously served as a Comelec commissioner, pointed out that per the Omnibus Election Code, polling places may no longer be moved 45 days before election day.

Larrazabal, the head of the steering committee for the 2010 elections, also said the poll body has yet to release an en banc resolution on the matter, which must "specify the clustered precincts to be moved." Parties, particularly voters, must also be informed.

The former Comelec official wrote to poll chief Andres Bautista on Wednesday questioning a memorandum supposedly issued by the latter, ordering "intensified voter information and education campaign" about mall voting.

The memorandum in question was dated Apr. 14, signed by Bautista and addressing "all concerned election officers."

Larrazabal wrote: "Assuming the above memorandum to be genuine, the transfer of the polling places at this point in time, barely 19 days before Election Day, 12 days left before the start of the Final Testing & Sealing and LONG AFTER the Project of Precincts have been finalized is, certainly, in violation of the foregoing prohibition, especially where there is no need for it because the existing ones are neither destroyed nor cannot be used."

He added that the said memorandum also violates provisions in the law that the Commission en banc must decide on the matter.

"While the Honorable Chairman certainly has authority to perform certain acts for the Commission as its Chief Executive Officer, the authority to transfer polling places is, unfortunately, not one of them as the law specifically requires that the same be done BY THE COMMISSION," he wrote.

Massive disenfranchisement

Larrazabal warned that pushing through with this even when it's deemed illegal may lead to a massive disenfranchisement of voters, as votes in the clustered precincts involved may be declared null and void.

"If you transfer the clustered precinct to another polling place that is not in conformity with the law, you now have a question as to the proceedings of the board of election inspectors. So any person, any voter, can now question the proceedings and ask for a nullification of the proceedings or votes of that precinct," he said.

He added that moving polling places is done by "real necessity."

"In this case, the polling places are still functioning. This happens kasi before if, like for example, nasunog 'yung polling place or nabahaan, hindi na magamit, that's when you have to move. But there's no need [here]," said Larrazabal, who is now affiliated with the Nationalist People's Coalition (NPC).

'There is a resolution'

In a press conference, also on Wednesday, Bautista defended the pilot project, which he has actively espoused "to enhance the voter experience" by making the process more comfortable for them.

The poll chief said there have been several resolutions issued on the matter. One of them, Minute Resolution 16-0152, was issued Mar. 10, or 61 days before the polls, and pointed out "precincts that opted to be transferred."

"To be honest, hindi ko na naman alam anong pinaggagalingan na wala raw en banc resolution. Lahat 'yan, nandito po. 'Yung mga presinto na gustong mailipat nandito po sa listahan, ibibigay ko rin sa inyo," he told reporters.

"Sa kanila, minsan talaga puro na lang technical, at hindi iniisip nga ano ba ang kagustuhan ng taumbayan, ano bang makakatulong para maging maayos, maginhawa 'yung proseso ng pagboto," Bautista also said.

In response, Larrazabal said the Minute Resolution "merely noted... acknowledged the existence of the said list."

Bautista has so far signed memoranda of agreement (MOA) with Robinsons Malls and Ayala Malls. Other mall groups that have offered their spaces include:

• SM Malls
• Walter Mart
• Pacific Malls
• CB Mall
• Gaisano Grand Malls
• Sta. Lucia Mall
• City Malls
• Fisher Mall

A total of 337 clustered precincts nationwide, serving 231,174 voters, will be moved to malls for this election.

Bautista said they are "in the process" of informing voters of their transfer as more MOA signings are underway. —JST, GMA News