LAW Sec.

240 OmNIBUS
Resolution 10083 or the General Instruction for the Board of Canvassers on the Consolidation/Canvass and
Transmission of Votes specifically Section 11, Letter D-II.
Resolution No. 9648

LGU The local government is widely seen as an indispensable platform for the creation of local leadership and
sustainable democratic governance.

NOTE: PASOK mo ang importance of electorates in LGUS – these officials has direct chuchu in the local

Many of the public goods and services can be delivered smoothly and effectively by the local
representatives as they have direct access to common people at the grass-root level. Ideally in a democratic
system, an election is a process through which the people, the custodians of sovereignty elect their
representatives, local and national, to formulate policy and to supervise its execution

The 1991 Local Government Code provides for the election of local government officials. The governor,
vice-governor, city mayor, city vice-mayor, municipal mayor, municipal vice-mayor and punong barangay
(village head) are elected at large in their respective areas. Elections are conducted through simple plurality
every three years. Likewise, members of the local legislative assemblies such as the provincial board, city
and municipal councils are elected by district and plurality vote. However, members of the village assembly
are elected at large in their respective areas. Representatives and local government officials are allowed a
maximum of three consecutive terms before they can again seek reelection

Most ties occur at the state and local level, where there are smaller pools of voters, and recently
there have been some interesting ways to pick winners in case of deadlock:
election . A basic element in a democratic process is the election of representatives to lead and govern the citizens
(Islam, 2013). Elections are considered to be one of the key elements of the democratic system that enables
citizens to exercise their choice in running the system. The local election is the viable mechanism through
which democratic practices and participatory development at local level can be ensured
Elections, as central to the concept of democracy, allow citizens to choose who they want to govern their
country, and at the same time represent them. These serve as their expression of consent to leaders and
representatives who promise to translate the votes they garner to actual social, economic, and political
changes. While elections in the Philippines have relatively been successful, (INSERT DRAW LOTSSS

It is policy of the State to ensure free, orderly,

honest, peaceful, credible and informed
elections…”
(Declaration of Policy, Automated Election Law)

“Certainly chance ought not to be resorted to when the will of the people can be ascertained with a reasonable
degree of certainty by an election where all who desire, can and will participate and thus express an actual and
certain choice. ” Omar v. West, 186 Miss. 136, 142 (Miss. 1939)

Elections are integral to democratic governance. elections serve as a ‘major source of political recruitment,
a means of making government, and of transferring government power, a guarantee of representation, and a
major determinant of government policy’ (Heywood, 2000: 200). These do not, however, prevent the
distortion of the will of the electorate by reason of tie which cannot be predicted.
Elections and other democratic institutions were primarily imported into the Philippines from Western
models. The emergence of institutions such as constitutional law, the secret ballot, the referendum, political
parties and legislature in the Philippines was a product of American colonialism The Philippines as a
conquest colony underwent political development predicated on the interest, influence and power of the
colonial authorities (Paredes, 1989: 2-4).

Americans introduced elections to allow greater participation of the Filipino elite in colonial governance
(Caoli, 1989; McCoy, 1994; Franco, 2000. American colonial government proceeded to lay down the
foundation for municipal, provincial and national elections (Paredes, 1989Americans built electoral politics
from the municipality upwards, thereby entrenching provincial families in both local and national offices
 The Marcos regime also introduced barangay elections in 1982 to replace the pre-martial law barrio as the
basic unit of local governance.Elections perform two central functions in a political system: (1) they
represent the political will of the voters; and (2) they integrate the people through the formation of political
parties that bring about majorities. The representativeness of an electoral system can be determined by the
degree of proportionality in which votes are translated into parliamentary seats
Essentially, ‘an election is a procedure by which members of communities and/or organizations choose
persons to hold an office’ (Nohlen, 1984). It is a technique of rendering authority and/or creating
representative bodies. Elections are often linked to the idea of democratic representation. Therefore, ‘an
election is a device for filling an office or posts through choices made by a designated body of people, the
electorate’ (Heywood, 2000: 199). This does not, however, discount the holding of semi-competitive or
non-competitive elections

proposal
Philippine elections are governed by a multitude of laws aimed at safeguarding the entire electoral process
from beginning to end. Aside from the Omnibus Election Code of 1985 (Batas Pambansa Bilang 881),
Philippine electoral law is contained in more than ten separate election laws and related legislation that
include the Local Government Code of 1991 (Republic Act No. 7160). Nonetheless, elections in the country
are encumbered by several problems such as massive fraud, political violence, patronage and money
politics. Election laws have proven to be ineffective in addressing offences because of the preponderance of
‘dead-letter’ provisions that have proven unrealistic or difficult to enforce. Electoral reforms are aimed at
addressing these issues. However, reforming the electoral system also requires a rethinking of the
established political institutions in the Philippines. These institutions have long served entrenched interests
that have blocked efforts at widening the democratic space. The introduction of elections in the Philippines
during the American colonial period provided an institutional avenue for fostering national linkages among
local political clans and elites in the country. Through the years, a weak, albeit highly centralized, state has
constantly been raided by particularistic and rent-seeking interests

Votes give victory, voter turnout gives legitimacy to a political system. As members of the state (as tax
payers at the very least), citizens have the capacity to determine its persistence, development, or demise.
Simply put, we are voting for both individuals and for the continued existence of the political system. "Why
vote" as a question directly leads to another question: "Can we allow the political system to continue?"
Thus, as citizen-voters we must recognize that our political system is based upon the capacity of the
majority to sustain it – at least at the level of ideas and legitimacy – through the act of voting. Also, those
who are vying for fundamental change must re-think their approach towards this legitimizing institution.

Conclusion
f we are voting for public servants then we must recognize the necessity of constant political participation.
Public servants must act towards the public in a way similar to servants acting in accordance to orders
coming from their masters.

Board Created by General Election Law of the Philippines (Act No. 1532) on January 9, 1907.
OF
Election
Inspectors
lots In the Book of Numbers the tribes of Israel are instructed to “Divide the land by lot, for
an inheritance among your families”; and at the time of the second temple priests drew
lots from the temple urn when differences arose in civil and everyday life.2 Silverman WA,
Chalmers I. Casting and drawing lots. In: Chalmers I, Milne I, Tröhler U, eds. Controlled trials from
history. www.rcpe.ac.uk/controlled_trials/casting.html [accessed 9 November 2001
At the end of the 18th
century, when Britain was preparing for an expected French invasion of Ireland, each
county and county borough was asked to provide a certain number of men for defensive
militias. Lists of eligible men were drawn up by parish constables. Names were then
randomly selected from the list until the quota for each district was complete.3 Military
draft lotteries were used in Austria-Hungary in 1889-1914 and in the United States and
Australia during the Vietnam war.

Lotteries have been accepted as a fair, democratic way of making difficult

choices.4Randomization and social affairs: the 1970 draft lottery.
Fienberg SE
Science. 1971 Jan 22; 171(3968):255-61.The
US secretary of the war department, speaking at the
beginning of the 1917 military draft lottery, captured the essence of this idea: “This is an
occasion of great dignity and some solemnity. It represents the first application of a
principle believed by many of us to be thoroughly democratic, equal and fair in selecting
soldiers to defend the national honor abroad and at home.

Allowing chance to enter the core of a democratic system seems

counterintuitive, although it’s widely recognized today as an electoral tiebreak. In
fact, the roots of election by lottery stretch back to ancient Athens. (Modern-day
Americans aren’t the first people to be wary of the method; it was also used by
sorcerers to predict the future. “Sorcery” comes from the Latin sors, meaning “lot.”).
In election, when votes results in a tie, generally, drawing of lots will be conducted.
This practice has been exercised by many countries.

Ambivalence
Alongside a belief in the fairness of lottery as a way of distributing benefits or harms, there's also some ambivalence.
The accusation, “It's a lottery,” suggests that people wish there were better ways of making the decision in question

drawing of lots acc to bible https://carm.org/what-casting-lots-in-the-bible

the idea ofmaking choices by lot however had a long history in the ancient world and it
was a procedure that did not have ethnic or chronological limits

divination in the ancient world

divination consists either of obtaining information by supernatural means or of securing
answers to questions that are beyond human understanding in the ancient world many
methods were developed to discern the will ofthe gods and to receive guidance with
orwithout elements ofreligious ceremony often this was done through observing and
interpreting signs in the natural world such as the flight ofbirds the frequency of thunder
the movement and pattern of astronomical bodies or the arrangement of organs in a
sacrificial animal
the casting or drawing oflots falls into this latter category and divination ofthis sort is
known either aspsepho spsepho mancy drawing of different pebbles or cleromancy
drawing or casting of any type of lot divination especially the use of lots was a common
practice among the different peoples who surrounded the ancient israelites

see s -
 Drawing of lots also applies in the field of medicine. Disagreements and
uncertainties about which treatments should be used in health care are very common.
These uncertainties can be addressed and reduced by casting lots to decide which
patients should receive which treatments. This is not a new idea. In 1648, the Flemish
physician Van Helmont proposed this approach to settle a dispute he was having with
the followers of Galen, who were bleeding and purging their patients (Van Helmont
1648) (Silverman WA, Chalmers I. Casting and drawing lots. In: Chalmers I, Milne I,
Tröhler U, eds. Controlled trials from history, 2002 (3.24),

examples include penalty shootouts in soccer matches

examples
A tennis set tied at six games might be awarded to the winner of a special one-game
tiebreaker, a deadlocked soccer match might be settled with a penalty shootout, and a
football game might linger into sudden death overtime
another
issue: ung
right to
protest

Recanvass/ In CONNECTICUT:
recount RE-CANVASS

A recanvass of the vote in an election or primary may occur in one of three ways:
1. Discrepancy Recanvass – the head moderator determines there is a discrepancy in
the return of any district in an election primary. (Sec.9-311)
2. Close Vote Recanvass – the plurality between the winner and the next highest vote
getter is either less than a vote equivalent of ½ of 1% of the total number of votes cast for
the office but not more than 2,000 votes or less than 20 votes. (Sec.9-311a,445)
3. Tie Vote Recanvass – there is a tie vote for any office. (Sec.9-311b,446) Any
recanvass must be held not later than the fifth business day after the election.

A close question recanvass occurs when the difference between the “Yes” and “No” vote
is less than ½ of 1% of the total votes cast for the question but not more than 2,000 votes.
The head moderator institutes the recanvass. (Sec.9-370a)
Tie Vote - For provisions etc., see Section 9-446.

Three Weeks After Election

Run-off election for offices in which tie-vote resulted is to be held three weeks after
election. At least three days’ notice of such adjourned election must be given by Town
 Clerk. (Sec. 9-332)

solution 1) propsed by miriam re: voting by SK

2) voting by the vote of canvassers and SK?
3) run-off election (like used in party list system)

Desired Features
The features we need in a process that addresses a tie-breaking scenario are the following:

has to be fair
has to support a remote process
results need to be verifiable (repeatable)
results need to also be random
process needs to severely limit (or remove altogether) the possibility of "gaming" the
system
process needs to support multi-way ties

fate vs qualification plus effort in campaigning

alamin ang average spending of an official during campaign period
tas add kn ng mga labor kyeme ganun

conclusion There is a need to refocus the debate on electoral reforms in the Philippines. Aside from
reviewing which electoral system can best bring about democratic representation in the
country, the issues of access and the integrity of the entire process should be addressed.
At the heart of the issue of electoral access is the issue of campaign finance reform.
Through the years, large amounts of money have become a primary determinant in
waging an electoral campaign. This has effectively limited the participation of political
players and has tainted the entire democratic process. Elections have played an integral
role in the development of representative democracy in the Philippines. However, the
conduct and performance of elections through the years has fallen short of achieving the
two central functions of electoral systems: representation and integration. With regard to
representation, the electoral system largely favours the major parties and grossly over-
represents them in Congress. While this has reinforced integration or the formation of
majorities, the inherent weakness of the party system has resulted in the constant
emergence of dominant ad hoc coalitions. In the postauthoritarian period, these KBL-type
party monoliths are created through party switching, pork-barrel inducements, machine
politics and forming local alliances.
In terms of the quality and social inclusiveness of elections, the major institutions in the
national and local political arena are still dominated by the economic and political elites.
A segment of these elites, the political clans and dynasties, have successfully maintained
their dominance in national and local politics by adapting to the changing contours of the
social, economic and political terrains. They extend their dominance by bequeathing
power to their next of kin. Thus the interests of the marginalized sectors that include
labour, small farmers, fisherfolk, the urban poor and women are hardly represented in the
national legislature. Congress remains the nexus of local and national elite interests. Be
that as it may, some scholars have argued that there is an observable shift in
representation from elite landed interests to that of the more professional urban middle
class. However, the shift is gradual and tenuous as these new professional politicians tend
to establish their own political dynasties.
Electoral politics in the Philippines suffer from institutional and procedural defects that
prevent it from becoming meaningful to effective and efficient governance. While
Philippine elections are relatively open, there is the issue of the lack of real political
alternatives or competitive candidatures. Candidates must either be rich or popular to win
elections. The high cost of getting elected serves as a disincentive for popular
participation and an incentive for corruption. Oftentimes competitiveness is prevented by
the use of political violence. Efforts to address the issue of access have yet to bear fruit.
From a procedural perspective, the electoral process is riddled with opportunities for
committing fraud, from voters’ registration to ballot box stuffing and wholesale cheating
through vote shaving and tampering with electoral records. The Commission on Elections
has been ineffective in preventing fraud, thus straining its credibility as the institution
tasked with managing the country’s election. Modernization and computerization of the
electoral process remains stalled due to disagreements from within the COMELECThese
problems of electoral democracy in the country have resulted in initiatives to review the
institutional form and structure of the political system. Some advocates of constitutional
reform are taking a second look at alternatives to the current presidential, centralized
state. However, institutional re-engineering rests upon a set of historical, socio-cultural
factors that do not necessarily translate into immediate solutions to the deficiencies of
Philippine democracy. Hence, a more incremental approach focusing on electoral reforms
and legislative development is the most appropriate option