Comelec exec, LENTE: Distribution of sample ballots on Election Day a prohibited act

The Commission on Elections (Comelec) and the Legal Network for Truthful Elections (LENTE) have reminded the public that the distribution of sample ballots on Election Day is prohibited under the law.

At a press conference on Monday, Comelec Commissioner George Garcia said the distribution of sample ballots is still considered as a form of campaigning, which already ended on May 7.

"Kasi po sa ating General Instructions at sa ating schedule of activities, bawal na po mangampanya mula a-otso pa lang ng Mayo," Garcia said.

(Under our General Instructions and schedule of activities, campaigning is prohibited starting on May 8.)

"''Pag po nagbigay kayo ng sample ballots, 'yan po ay pangangampanya kahit pa sabihin mo ang namimigay po ay mga supporters o 'yung mga leader, leader nila. Pangangampanya pa rin po yan at puwede pa rin po naming habulin yung mga kandidato na nag o-authorize at namimigay po ng sample ballots," he added.

(If you distribute sample ballots, that will be considered as campaigning even if you claim that the individuals who are distributing are supporters or leaders of their groups. That is a form of campaigning and we can still go after the candidates who authorized and distributed the sample ballots.)

Atty. Izah Katrina Reyes, policy consultant of LENTE, explained that this act is considered as unlawful electioneering under the Omnibus Election Code (EOC).

"Ito po ay bawal na bawal under our Omnibus Election Code. Ito po ay tinatawag na unlawful electioneering," Reyes said.

(This is very prohibited under our Omnibus Election Code. This is called unlawful electioneering.)

Reyes advised the public to take pieces of evidence such as videos and photos, as well as the names of the individuals who distributed the sample ballots.

"Puwede po siya later ma-identify kung sino ang namimigay ng sample ballot sa ating mga presinto para po maisulat ito sa isang affidavit. Bukas po ang LENTE in partnership with the [Integrated Bar of the Philippines] para po ma-assist ang ating mga witnesses para po magawa ang ating mga affidavits," Reyes said.

(Later on, we can identify who distributed the sample ballots inside the precincts so we could write it in an affidavit. LENTE in partnership with the IBP is open to assist our witnesses in writing their affidavits.)

Complaints could be raised with LENTE and IBP through their hotlines, she added.

Article XXII, Section 261 (k) of the Omnibus Election Code states: "It is unlawful to solicit votes or undertake any propaganda on the day of registration before the board of election inspectors and on the day of election, for or against any candidate or any political party within the polling place and with a radius of thirty meters thereof."

Section 3 of Comelec Resolution 10730 also provides that it is unlawful for any person, any party or association of persons to engage in an election campaign or partisan political activity on the eve of election day and on the election day itself. — RSJ, GMA News