2011 OMNIBUS ELECTION CODE OF XU-Central Student Government

Be it amended and enacted by the 17th Directorate in session assembled:

ARTICLE I
General Provisions

Section 1 Title. The code shall be known and cited as the “2011 Omnibus Election Code of
XU – Central Student Government.” For the purposes of brevity, the government
shall be referred to as the XU-CSG.

Section 2 Applicability. This code shall govern all elections XU-CSG officers and, to the
extent appropriate, all referenda and plebiscites.

Section 3 Election and Campaign Periods. Unless otherwise fixed in special cases by the
Electoral Commission, which hereinafter shall be referred to as the ELECOM,
the election period shall commence forty (40) school days before the day of the
election and shall end seven (7) days thereafter.

The period of campaign for all the public offices shall be ten (10) school days.
The campaign periods shall not include examination days, the cleaning day,
which is the day before, and the day of the election.

However, in case of special elections, the campaign period shall be five (5)
school days.

Section 4 Postponement of Election. The only valid reason for the ELECOM to cause a
postponement of election when it so happens that Xavier University declares
classes suspended during Election Day.

Section 5 Failure of election. The ELECOM shall declare failure of election on the
following grounds:
a) If, on account of force majeure, violence, or other analogous
causes the election in any polling place has not been held on
the date fixed, or had been suspended before the hour fixed by
law for the closing of the voting, or after the voting and during
the canvass thereof, such election results in a failure to elect,
and in any of such cases the failure or suspension of election
would affect the result of the election, the ELECOM shall, on
the basis of a verified petition by any interested party and after
due notice and hearing, call for the holding or continuation of

1
 the election not held, suspended or which resulted in a failure
to elect on a date reasonably close to the date of the election
not held, but not later than thirty days after the cessation of the
cause of such postponement or suspension of the election or
failure to elect.
b) If in the case where the population of those who voted is less than
twenty-five percent (25%) of the Xavier University student
population as for the CSG President and Vice-President; and less
than fifteen percent (15%) of the college student population for the
Council Presidents. ELECOM shall then hold for a re-election for the
particular position(s) declared failure on a date close to the
declaration of failure of elections but not later than thirty (30) days
from the declaration of failure of elections.

Section 6 Special Elections. The situation described in Art. XII, Sec IV of the XU-CSG
2006 constitution will be the only time when special elections could be called,
provided that the AD Hoc Body of the XU-CSG shall not call special elections
three months before the regular election. The special elections shall be held two
weeks after the nearest examination week.

Section 7 Availability of the election code in all polling places. A printed copy of this
code in English shall be provided, posted and be made available by the ELECOM
in every polling place, in order that it may be readily consulted by any person in
need.

Section 8 Election Expenses. Funds needed by the ELECOM to defray the expenses for
the holding of regular and special elections, referenda and plebiscites shall be
provided by the XU-CSG.
st
Section 9 Tenure of Office. The elected officials shall assume office on the 31 day of
March, noon time, and shall terminate at the same date the year after, as stated in
Art. XIII, Sec I of the XU-CSG 2006 Constitution. Preparations shall be made
together with the incumbent officials for the proper turnover and smooth
transition during the summer period.

Section 10 Disqualification. The ELECOM, after proper verification, shall reject the
application for candidacy of any person who falls short to the qualifications set
by the XU-CSG 2006 Constitution (Art X, Sec II).

ARTICLE II
Election of President, Vice-President and Directorate

Section 1 Regular Election. The regular elections for President and Vice-President of the
XU-CSG and Council Presidents shall be held either on the first or second
Thursdays, Fridays and Saturdays of February, provided that no major exams are
scheduled.

Section 2 Proclamation of President-elect, Vice-President-elect and Council

Presidents-elect. Upon the completion of the canvass of votes by the ELECOM,
the person obtaining the highest number of vote shall be declared elected, but in

2
 case two or more shall have an equal and highest number of votes, one of them
shall be chosen President and Vice-President and Vice-President, as the case
maybe, by majority of all the incumbent members of the Directorate, President
and Vice-President of XU-CSG in session assembled, as stated in Article XVII,
Section 10 of this code.

In the case where there is only one candidate for a certain position, he has to
attain more than 50% votes of the total population of those who voted.

Proclamation of the CSG President-elect, the Vice-President-elect and the

winners at the Council level shall be done on the first Wednesday after the
completion of the canvass of votes by the ELECOM through any activity set by
the ELECOM provided that the official results are obtained. In case of tie for the
highest number of votes vying for the same position in the council level, the
council ELECOM shall facilitate the breaking of such tie according to their
Election guidelines. The CSG ELECOM shall also declare the declared winner as
Council President as member of the Directorate.

Section 3 Re-election for the CSG President, CSG Vice-President, and Directorate. If
in the case the lone candidate running for a certain position failed to attain more
than 50% of the population of those who voted, a re-election will be done. The
candidate who failed to achieve the quota is unqualified for the re-election. The
next day after the last day of election, ELECOM will then immediately release
COCs for new candidates who want to run for the position. ELECOM will then
set re-election schedules but should not be later than thirty school days after the
last day of election. Eligibility of the new set of candidates will still be followed
as stated in Article X Section 2 of the 2006 XU-CSG Constitution.

Section 4 Oath-taking and Turnover Ceremonies. The Oath-taking of the declared

winners of election, which shall be presided by the ELECOM, and the turnover
ceremonies which will be presided by the outgoing CSG officers shall take place
at noon of the 31 st day of March of the year and on the same date of the year
thereafter. The ELECOM shall have the power to reschedule the oath taking and
turnover ceremonies should it be deemed necessary.

ARTICLE III
The Electoral Commission

Section 1 Powers and Functions of the ELECOM. In addition to the powers and
functions conferred upon it by the XU-CSG Constitution, the ELECOM shall be
the sole enforcer of all the provisions of the 2011 XU-CSG Omnibus Election
Code for the purpose of ensuring free, orderly and honest elections.

Section 2 Qualifications. Only bona fide college students of XU-CSG shall be eligible for
appointment as members of the ELECOM.

Section 3 Disqualifications of Members of the ELECOM. No commissioner shall

assume function in any case which he/she has manifested bias prejudice for or
against antagonism against any party. If it were claimed that the commissioner is
disqualified, the party objecting to its competency may file his/her objection in
writing one week after the filing of the complaint.

3
 ARTICLE IV
Political Parties

Section 1 Political Party. “Political party”, when used in this Election Code, means an
organized group of XU students pursuing the same ideology, political ideas, or
platform of student governance. A political party shall first be duly registered to
the ELECOM.
Section 2 Registration. Any organized group of students, seeking registry as a political
party may file to the ELECOM, in a given period set by the ELECOM, a petition
attaching their platform of student governance and such relevant information as
maybe required by the ELECOM. The ELECOM shall resolve the petition after
five (5) days from the date it is submitted for decision. No political party which
seeks to achieve its goal through violence shall be entitled to accreditation.

ARTICLE V
Eligibility of Candidates and Certificate of Candidacy

Section 1 Qualification of Elective Positions. No student shall be allowed to run for an

elective position unless he/she satisfies the requirements as mandated in Article
X, Section 2 of XU-CSG 2006 Constitution.

Section 2 Candidate holding Appointive and Elective Office. Any person holding an
appointive position or elective office in the CSG Executive or Directorate or in
the Council who is seeking for re/election or higher level office, shall submit
resignation letter to the authorized person upon the application for candidacy.

Section 3 Certificate of Candidacy. No person shall be eligible for any elective public
office unless he/she files a sworn certificate of candidacy within the period fixed
herein.

A person who has filed a certificate of candidacy may, prior to the election
withdraw the same by submitting to the office concerned a written declaration
under oath.

No person shall be eligible for more than one office to be filled in the same
election, and if he/she files his/her certificate of candidacy for more than one
office he/she shall not be eligible for any of them. However, before the expiration
of the period for the filing of the certificates of candidacy, the person who has
filed more than one certificate of candidacy may declare under oath the office for
which he desires to be eligible and cancel the certificate of candidacy for the
other office or offices.

Section 4 Contents of Certificate of Candidacy. The Certificate of Candidacy shall state

that the person filing it is announcing his/her candidacy for the office stated
therein and that he/she is eligible for the said office; the political party to which
he/she belongs; civil status; his/her date of birth; residence; his/her course and
year; his/her nickname(s); that the obligation imposed by the oath is assumed
voluntarily without mental reservation or purpose of evasion; and that the facts
stated by the certificate of candidacy are true to the best of his/her knowledge.

4
 The person filing a certificate of candidacy shall also attach his/her latest
photograph, passport size. Both party chairperson and candidate, and independent
candidates shall have to affix their signatures to make the certificate valid. The
ELECOM shall have the right to set other requirements not stated above should it
deemed necessary for the election.

Section 5 Filing and Distribution of Certificate of Candidacy. The certificate of

candidacy shall be filed on any day from the commencement of the
election period but not later than the fifteen (15) school days thereafter:
Provided that in cases of postponement or failure of election under
Sections 4 and 5 of Article I, no additional certificate of candidacy will be
accepted. The declaration of candidates shall be held three (3) school days
after the last day of filing.

ARTICLE VI
Campaign and Election Propaganda

Section 1 Lawful Election propaganda. Lawful election propaganda shall include:

a) Teasers, including leaflets and book markers with the maximum
size equivalent to one-half size of a short bond paper [maximum
size: 1/2 (8.5 x 11) 10,000 pieces per party or independent
candidate].
b) Poster Maximum size equivalent to half-size manila paper
[maximum size: (24” x 36”) 50 pieces per party or independent
candidate].
c) Streamers and Tarpaulins, provided that they follow the university
policy on postings [maximum size of streamers: (1m x 3m), 2
pieces per party or independent candidate].
d) Other campaign materials, such as buttons or pins, provided they
are produced at the minimum cost [maximum size: (6” x 6”) 1000
pieces per party or independent candidate].

All other forms of election propaganda not provided for in this code shall be
made authorized after the ELECOM has approved it and made due notices to all
interested parties or candidates.

Section 2 Removal, Destruction or Defacement of lawful Propaganda Prohibited. It

shall be unlawful for any person, other than the ELECOM representatives, during
the campaign period to remove, destroy, obliterate or in any manner deface or
tamper with, or prevent the distribution of lawful election propaganda.

Section 3 Election Propaganda. Requirements for Published or Printed Election

Propaganda shall have to pass through the ELECOM.

Section 4 Prohibited forms of Election Propaganda. It shall be unlawful to print, publish,

post or distribute any election propaganda urging the voters to vote against any
candidate.

5
 Any prohibited election propaganda, gadget, or advertisement shall be stopped,
confiscated or turn down by the representative of the ELECOM upon specific
authority of the ELECOM.

Section 5 Rallies, meeting and other political activities. Other than the rally set by the
ELECOM, all other rallies, and political connected activities shall first be
approved by the ELECOM, the DSA and AAO.

Section 6 ELECOM Posting Area. The ELECOM shall have also a designated area in
strategic places in the University for which announcements can be posted.

ARTICLE VII
Registration of Voters

Section 1 List of Voters. Complete list of bona fide College and Graduate students will be
obtained at the Registrar’s Office and shall be considered the Voters Master List.

Section 2 Disqualification. Failure of ID presentation to the poll commissioner shall

automatically disqualify a voter.

ARTICLE VIII
Polling Places

Section 1 Polling Places. A polling place is a space where the board of election inspectors
conducts its proceeding and where voters shall cast their votes.

Section 2 Designation of Polling Places. The location of polling place shall be in the
University that is of easy access to the voters.

Section 3 Voting Booth. During the voting in each polling area, there shall be complete list
of all bona fide voters of their respective college. The ELECOM shall post a list
containing the names of the candidates and the position they are running for.
Names of the candidates per position shall be arranged in alphabetical order. The
ELECOM shall also post voting procedure during the whole duration of voting
hours. Assistance must be provided by the election inspectors should a voter
needs it.

ARTICLE IX
Method of Election

Section 1 Declaration of the Method of Election. The ELECOM shall either conduct an
automated or manual election, provided they abide with all requirements set by
this code and shall duly notify the student body of the method to be followed
before the election.

Section 2 Appeal before the Automated Election. An individual or group of individuals

may appeal for manual election should the ELECOM be incapacitated to hold the
automated election. An appeal may be given to the Supreme Constitutional Court
through the Chief Justice not later than two days after the presentation of the
Automated Election Program to the XU community. The members of the CSG
Supreme Constitutional Court shall do approval/disapproval of appeals within

6
 two (2) school days after the appeal has been made. The decision of the justices
shall be final and irrevocable.

ARTICLE X
Board of Election Inspectors

Section 1 Composition and Appointment of Board of Election Inspectors. The board of

Election Inspectors shall compose of two (2) duly recognize representatives of
each college council to the chairperson and poll clerks, who must know the
election procedures of voter and has their respective colleges and one (1)
ELECOM representative who shall be appointed to assist such college.
Appointment of ELECOM representatives to be chairpersons and poll clerks
shall be made possible provided that the colleges do not have an Election
Committee as mandated by their constitution.

Section 2 Oath of Board of Election Inspectors. The members of the board of election
inspectors shall, before assuming office, take and sign an oath upon forms
prepared by the ELECOM, before an officer authorize to administer the oath or,
in his absence, before any other member of the board of election inspectors
present, or in case no one is present they shall take it before any voter.

Section 3 Qualifications of Members of Board of Election Inspectors. No student shall

be chairperson or member of the board of election inspectors unless he/she is of
good moral character, a bona fide voter and has never been mentioned by the
Disciplinary Board of Xavier University for any disciplinary case since his/her
previous year of stay in the University.

Section 4 Disqualification. No student shall be appointed chairman or member of the

board of election inspectors if he/she manifests bias for or prejudice/antagonism
against any other party. He/she shall not engage in any partisan political activity.

Section 5 Powers of Board of Election Inspectors. The Board of Election inspectors shall
have the following powers and functions:
a) Conduct the voting and counting of votes in their respective colleges.
b) Act as deputies of the ELECOM in the supervision and control of the
election in the polling places wherein they are assigned, to assure the
holding of the same in a free, orderly and honest manner; and
c) Perform such other functions prescribed by this code or by the rules and
regulations promulgated by the ELECOM.

Section 6 Voting Privileges of the Members of the Board of Election Inspectors.

Members of the board of election inspectors may vote in their polling places
where they are assigned on the Election Day provided that they are registered
voters of that college. Members not registered in that College may vote at their
respective voting polls before voting proper begins.

Section 7 Relief and Substitution of Members of the Board of Election Inspectors.

There shall be no relief or substitution of the chairperson or poll clerk assigned to
the polling place, unless, a valid reason such as test and oral reports. The
chairperson or the poll clerk may be relieved for a period of one hour and thirty
minutes only. Other than the stated reason, the members who wish to be relieved

7
 because of some other important appointment shall notify the ELECOM at least
before the day of the election.

Section 8 Proceedings of the Board of Election Inspectors. The meetings of the board of
election inspectors shall be public and shall be held only in the polling place
authorized by the commission.

ARTICLE XI
Watchers

Section 1 Official Watcher of Candidates. Every registered political and independent

candidate shall each be entitled to not more than (1) watcher in every polling
place. Other watchers are not allowed within 20 meter radius from the voting
area. No person shall be appointed as watcher unless he/she is a qualified voter.

Section 2 Rights and Duties of Watchers. Upon entering the premises of the voting center
the watcher is requested to submit to the chairperson of their respective voting
center his/her appointment which is duly signed by the independent candidate or
party who appointed him/her. The watchers shall have the privilege to stay at the
place designated for them.

The official watchers must be present during the start of the election and also in
the sealing of the ballot box. He/she shall observe the number of votes in the
election returns and tally boards. The watchers shall neither touch the ballots and
election returns to the tally board nor interfere with the proceedings.

ARTICLE XII
Official Ballots and Election Returns for Manual Elections

Section 1 Official Ballots. If election is done manually, ballots for all colleges shall be
uniform size and color with serial numbers and must bear the words: “OFFICIAL
BALLOTS”.

Section 2 Printing of Official Ballots and Election Returns. The official ballots to be
used by all councils and the XU-CSG must be printed in the same establishment
for uniformity.

The Election returns shall be prepared by the ELECOM in sets. Returns will be
printed in such manner that will ensure that the entries are original and shall bear
the name of the college in which the returns are to be used.

Section 3 Distribution of Official Ballots. The official ballots must be distributed by the
ELECOM Chief to each chairperson on the morning, an hour before the voting
time.

ARTICLE XIII
Manual Elections Paraphernalia

Section 1 Publication of Certificate of Printing. The ELECOM shall post all XU-CSG
bulletin boards a certificate of printing duly countersigned by the administrator of
the printing press where the ballots were printed.

8
Section 2 Ballot Boxes. There shall be in each polling place a ballot box at the top of the
table. The ballot boxes shall be uniform and in size and print. The ballot boxes
shall also contain the number of its designated polling place. One box shall be
used in a day per council in a precinct.

Section 3 Tally Boards. Tally Boards shall be used if election is done manually. At the
beginning of the counting of each college, there shall be placed within the plain
view of the board of election inspectors, watchers and public, a tally board where
the names of all the registered candidates, issues or questions to be voted upon
shall be written, and the clerk shall record thereon the votes received by each of
them as the chairperson of the board of election inspectors order per position.

Section 4 Furnishing of Ballot Boxes, Forms, and Materials for Elections. The
ELECOM shall prepare and furnish the ballot boxes, forms and other materials
necessary for the holding of the election and counting of returns.

ARTICLE XIV
Computerized Elections Paraphernalia

Section 1 Computers and Printers. If election is computerized, a minimum six (6)

computers and a printer per polling place shall be used during the election. The
printer shall only be used for the printing of election returns.

Section 2 Official Election Software. Only the official election software presented to the
XU community before the election shall be used during the University elections.

ARTICLE XV
Manual Casting of Votes

Section 1 Voting Hours. For the three days of election, the casting of votes will start at 8
o’clock in the morning until 12 o’clock noon and will resume at 1 o’clock in the
afternoon until 6 o’clock in the evening. However voters within 5 meter radius
from the voting center, who have not yet voted, shall be allowed to cast their
votes.

Section 2 Persons allowed inside the voting place. During the voting hours, no person
shall be allowed inside the polling place except the chairperson, the poll clerk,
the ELECOM representative, the official watchers and voters. The official
watcher shall not be allowed in the areas reserved for the voters and the members
of the board of election inspectors nor are they allowed to mingle or talk with the
voters. The candidates are not allowed to stay within 20 meter radius of all voting
polls.

Section 3 Order of voting. The voters shall vote in the order of their arrival to the polling
place. They may cast their votes forthwith, unless there are voters inside, in
which they shall fall in line according to their time of arrival at the polling place
and shall not crowd around the table of the board of election inspectors. The
voters having their votes casted shall immediately depart.

9
Section 4 Manner of Obtaining the Ballots. The voter shall approach the chairperson,
give his/her name and presents his/her ID., before he/she will be given a ballot.
Then sign on the designated space on the List of Voters sheet.

Section 5 Manner of Preparing the Ballots. Upon receipts of the ballot, the voter shall
immediately proceed to one of the chairs and fill out his/her ballot by writing in
the proper spaces for each office name(s) of the candidate(s) or position case of
plebiscite or referendum, he/she desires to vote for and drop it in the ballot box.

Section 6 Voting. After the voter has filled his/her ballot, he/she shall fold it on the same
manner as when he/she received it; return it to the chairperson who shall sign the
ballot crossing the folded area. Then the chairperson will give it back to the voter
who in turn shall deposit it inside the ballot box.

Section 7 Minutes of Oathing and Counting of Votes. The board of election inspectors
shall prepare and assign a statement in two (2) copies setting forth the following:
1. The time the voting commenced and ended;
2. The number of the official ballots used;
3. The number of the official ballots unused;
4. The number of the voters who casted votes;
5. The names of the watchers present and the party they are presenting;
6. The time the counting of votes commenced and ended;
7. The number of valid ballots;
8. The number of spoiled ballots;
9. The number of marked ballots;
10. The number of ballots read and counted;
11. The time the election returns were signed and sealed in their
respective envelopes;
12. The number and nature of protests; and
13. Such matters that the ELECOM may require.

Copies of the statement after during accomplished shall be sealed in the

designated envelope, to be delivered to the ELECOM office or room
designated for the final count.

Section 8 Disposition of Unused Ballots at the close of Voting Hours. The chairperson of
the board of election inspectors shall prepare a list signed by all members of the
board of election inspectors, after which all the unused ballots shall be torn
halfway in the presence of the members of the board of election inspectors. The
list shall then be attached to the documents prepared as required by the previous
section, herein.

ARTICLE XVI
Automated Casting of Votes

Section 1 Voting Hours. For the three days of election, the casting of votes will start at 8
o’clock in the morning until 12 o’clock noon and will resume at 1 o’clock in the
afternoon until 6 o’clock in the evening. However voters within 5 meter radius
from the voting center, who have not yet voted, shall be allowed to cast their
votes.

10
Section 2 Persons allowed inside the voting place. During the voting hours, no person
shall be allowed inside the polling place except the chairperson, the poll clerk,
the ELECOM representative, the official watchers and voters. The official
watcher shall not be allowed in the areas reserved for the voters and the members
of the board of election inspectors nor are they allowed to mingle or talk with the
voters. The candidates are not allowed to stay within 20 meter radius of all voting
polls.

Section 3 Order of voting. The voters shall vote in the order of their arrival to the polling
place. They may cast their votes forthwith, unless there are voters inside, in
which they shall fall in line according to their time of arrival at the polling place
and shall not crowd around the table of the board of election inspectors. The
voters having their votes casted shall immediately depart.

Section 4 Approach to the Chairperson. The voter shall approach the chairperson,
presents his/her ID before proceeding to the computer assigned to him/her.

Section 5 Automated Casting of Votes. The voter shall proceed to one of the computers
and shall follow the instructions provided.

Section 6 Minutes of Oathing and Counting of Votes. The board of election inspectors
shall prepare and assign a statement in two (2) copies setting forth the following:
1. The time the voting commenced and ended;
2. The number of the voters who casted votes;
3. The names of the watchers present and the party they are presenting;
4. The time the counting of votes commenced and ended;
5. The time the election returns were signed and sealed in their respective
envelopes;
6. The number and nature of protests; and
7. Such matters that the ELECOM may require copies of the statement after
during accomplished shall be sealed in the designated envelope, to be
delivered to the ELECOM office.

ARTICLE XVII
Counting of Votes if Election is Done Manually

Section 1 Applicability. The sections that follow shall be applied either when election is
done manually, when computerization of election fails or when there are any
complaints/appeal against the computerization of election that is deemed valid by
the Supreme Constitutional Court.

Section 2 Counting to the Public and Without Interruptions. As soon as the voting and
other preparations are duly accomplished, the board of election inspectors shall
publicity count, in the rooms assigned to them by the ELECOM, the votes cast
and ascertain the results the board of election inspectors shall not adjourn or
postpone or delay the count unless it has been fully completed or otherwise
ordered by the ELECOM.

Section 3 Excess Ballots. Before the proceedings to count the votes, the board of election
inspectors shall count the ballots in the ballot box without unfolding them or
exposing their content, except so far as to certain that each ballot is single, and

11
 compare the number of ballots in the box with the number of voters who have
voted. If there are excess ballots, they shall be returned in the box, and mixed
thoroughly with the remaining ballots, and then the chairperson without looking
at the box shall pick the equal number of excess: ballots and shall mark it:
“excess” and shall be stapled, together for the later disposition, in front of the
public.

Section 4 Marked or Spoiled Ballots. If the board of election inspectors during the
counting find and ascertain that the ballots are either marked or spoiled. The
ballots shall be labeled as either “MARKED” or “SPOILED” and shall be
recorded on the tally sheet and election returns as such. The marked or spoiled
ballots shall then be put inside for later disposition.

Section 5 Manner of Counting Votes. The counting of votes shall be made in the
following manner. The board of election inspectors shall unfold the ballots one
by one and check it for validation. After every ballot is determined whether it is
valid, spoiled or marked, the chairperson of the board of election shall take the
ballots one by one and read the names of the candidates voted for and the office
for which they were voted in order in which they appear. The chairperson shall
sign in front of the ballot after it is counted. The poll clerk and the ELECOM
representative, respective, shall record on the election returns and the tally
board/sheet each vote has the names for each are read. Each vote shall be
recorded by a vertical line. Every fifth vote shall be recorded by a diagonal line
crossing the four (4) vertical lines. Each box Found on the tally board/sheet and
election returns contain only five (5) lines. After all the ballots have been read
the board of election inspectors shall determine the total number of votes
recorded for each candidate, the sum being noted on the tally board/sheet and
election returns. In case of discrepancy such recount necessary shall be made.
The ballots shall then be placed back inside the ballot box and sealed. The tally
board/sheets as accomplished and certified by the board of election inspectors
shall not be changed or destroyed but shall be kept together with the election
returns and other documents.

Section 6 Rules and Appreciation of Ballots. In the reading and appreciation of ballots,
every ballot shall be assumed valid unless there is clear and good reason to
justify its rejection. The board of election inspectors shall observe the following
rules bearing in mind that the object of the election is to obtain the expression of
the voters will:
Where only the first name of the candidate or only his/her last name is written,
the vote for such candidate is valid, if there is no other candidate with the same
first name or surname for the office;
Read sound similar to the surname of another candidate, the vote shall be counted
in favor of the candidate with such surname;
When the ballot is written a single word which is at the same time surname of the
candidate, the vote shall be counted under that candidate; A name or surname
incorrectly written which when heard a sound similar to the name or surname of
a candidate when incorrectly written shall be counted on his/her favor.
When two words in the ballot, one of which the first of a candidate and the other
of another candidate, the vote shall not be counted for either; when the name of a
candidate appears on the space of a ballot for an office for which he/she is a

12
 candidate and for the vote for office for which he/she is not a candidate shall be
considered as stray;
There shall be no block voting;
When a space in a ballot, there appears a name of a candidate that is erased and
another clearly written, the vote shall be to the latter; the erroneous initials of the
middle name which accompanies the surname of the candidate shall not annul the
vote;
Ballots which contain prefixes such as “Sr.”, “Ms.”, “Datu”, “Ginoo”, “Hon.”,
“Gov.”, or suffixes like “Hijo”, “Jr.” , or “Segundo” are valid;
The use of nicknames and affiliations of the affection and friendship, if
accompanied by the first name or the surname of the candidate does not annul
such vote, except when they are used as a means to identify the voter, in which
case the whole ballot is unaccompanied by the name or surname of the candidate
and it is one by which he/she is generally or popularly known in the locality, the
name shall be counted in his/her favor, only if there is no other candidate for the
same office with the same nicknames;
Any vote containing initials only written is eligible or which does not sufficiently
identify the candidate for whom it is not intended shall be considered as a stray
vote but shall not invalidate the whole ballot;
If on the ballot is correctly written the first name of a candidate but which the
surname or the surname of the candidate is correctly written but with different
first name, the vote shall be counted in favor of any candidate having such first
name or surname, but the ballot shall be considered valid for the other
candidates.
Any ballot written with crayon, lead pencil or ink wholly or in part shall be valid;
where there are two or more candidates voted for in office or which the law
authorizes the election of only one, the vote shall be counted in favor in any of
them but this shall not affect the validity of the votes therein;
If the candidates voted for exceed the number of those to be elected, the ballot is
valid but votes shall be counted in favor of a candidate whose names were firstly
written by the voter within the spaces provided for the office in the ballot until
the authorized number is covered.
Any vote in favor of a person who has not filed a certificate of candidacy or in
favor of a candidate for an office for which he/she did not present himself/herself
shall be considered a stray vote, but does not invalidate the whole ballot. Any
ballot containing the names of a candidate printed and posted on a blank space of
the considered as signs to indicate his distance form voting and shall invalidate
the ballot, unless it should appear clearly that they have been deliberately placed
by the voter serve as identification marks, comma, dots, lines, or hyphens
between the first name and the surname of a candidate or in other similar ballots;
Choices of the letter “T”, “J”, and other similar ones, the first letter of the
syllables of names which voter does not continue, the use of two or more kinds or
writing as unintentional or accidental flourishes, stroke or strains shall not
validate the vote;
The accidental tearing or perforation of the ballot does not annul such vote;
Any ballot in which only the party is written shall be considerate null and void,
except the names in the offices filled in properly.

Section 7 Election Returns. The board of election inspectors shall prepare the election
returns simultaneously with the counting of the votes as prescribed in Section 4
thereof. The returns shall be prepared in duplicate. The recording of votes shall

13
 be made as prescribed in said section. The board of election inspectors shall sign
immediately after the name of the candidate who did not receive any vote; the
returns shall also show the date of election, plebiscite, or referendum, the polling
place, the total number of excess ballots, the total number of marked or void
ballots, and the total number of votes obtained by each candidate. The returns
shall be accomplished in a single sheet, but if not possible, additional sheets may
be used which shall be prepared in the same manner at the first sheet and
likewise certified by the board of election inspectors. Immediately upon
accomplishment of the election returns, shall be sealed in the presence of the
public and shall be delivered to the ELECOM. If the signatures of the members
of the board of election inspectors are missing in the election returns, the
ELECOM may summon the members of the board of election inspectors
concerned to complete the returns.

Section 8 Proclamation of the Result of the Election in the Polling Place. Upon the
completion of the election returns, the chairperson of the board of election
inspectors shall orally and publicly announce the total number of votes received
in the polling place by each and every candidate, stating their corresponding
office, or in the case of plebiscite or referendum, the position the total number of
votes counted.

Section 9 Delivery of voting records, ballot boxes to the office of the Electoral
Commission. The board of election inspectors, as a group, shall deliver the
election returns, the ballot box, and other documents to the ELECOM. Those will
be checked and the results will be recorded on the tally boards/sheet known as
“SUMMARY OF RESULTS.” A copy of the election returns shall be given to
the respective College Board of Election Inspectors chairperson.

Section 10 Election Resulting in Tie. Whenever it shall appear the result that two or more
candidates have received equal highest number of votes, the incumbent CSG
(President, Vice-President and Directorate) shall hold a secret balloting
immediately after a quorum shall be performed. The quorum shall compose of at
least seven (7) members of the CSG. A simple majority of votes will decide on
the winning candidate(s), the ELECOM shall promptly make a certificate stating
the name of the candidate favored by the tie breaking votes. Results of which
shall also be noted and signed by the ELECOM representatives and
commissioner.

Section 11 Preservation and Disposition of Election Returns. All used and unused ballots,
tally boards/sheets will be disposed off a month after the declaration of winners.
But the election returns and other documents shall be kept as ELECOM
files/record for election, plebiscite or referendum, as the case may be.

ARTICLE XVIII
Canvassing of Votes in an Automated Election

Section 1 Applicability. This article shall be applied if the ELECOM, with due
presentation to the XU community holds the automation of the campus election.

14
Section 2 Manner of Preparing the Election Results and Returns of the Polling Place.
The board of election inspectors shall prepare the election returns as soon as the
voting ended.
The returns of election in the polling place shall be printed in duplicate. The
board of election inspectors shall sign immediately the two copies furnished.
The returns shall also show the date of the election, plebiscite of referendum, the
polling place, and the total number of votes obtained by each candidate. The
returns shall be accomplished in a single sheet, but if not possible, additional
sheets may be used which shall be prepared in the same manner at the first sheet
and likewise certified by the board of election inspectors.
Immediately upon the accomplishment of the election returns, it shall be sealed
with the presence of the watchers and shall be delivered to the ELECOM.

Section 3 Proclamation of the Results, Election Returns and Ballot Boxes of the
Polling Place to the Office of the Electoral Commission. As soon as the
casting of votes is done, an unofficial result may be posted on designated areas.
The board of election inspectors, as a group, shall deliver the election returns, the
ballot boxes, and other documents to the ELECOM as “SUMMARY OF
RESULTS”. A copy of the election return shall be given to the respective
College Board of Election Inspectors chairperson.

Section 4 Election Resulting in Tie. In case of Election resulting in tie, the provision
found in Article XVII Section 10 shall be followed.

Section 5 Preservation and Disposition of Election Returns. The election returns and
other documents shall be kept as ELECOM files/record for election plebiscite or
referendum, as the case may be.

Section 6 Appeal to Recount the Votes in the Automated Election. An individual or

group of individuals may submit an appeal of recount to the chief justice of the
Supreme Constitutional Court that will approve without credibility the
automation of election, within 24 hours after the votes are canvassed.
A copy of the database immediately secured by the ELECOM of after the
election will be audited if in case of appeal to recount the votes in automated
election be granted by the Supreme Constitutional Court.

ARTICLE XIX
Elections Contest

Section 1 Jurisdiction of the Commission. The ELECOM shall be the sole charge of all
contests relating to the elections. However, in the case of plebiscite or referenda,
an appeal may be passed to the Constitutional Commission, after the declaration
of the results.

Section 2 Procedure in Election Contests. All protest regarding the election, plebiscite or
referendum shall be filed to the ELECOM within twenty-four (24) hours after the
last ballot has been counted. All protests shall be signed by the petitioner in
triplicate and must be submitted to the chairperson of the college to which the
concerned candidate or political party shall be filed to the ELECOM
commissioner.

15
Section 3 Decision in the Commission. The ELECOM has one (1) week to settle the
protest(s) the decision of the ELECOM shall be final and irrevocable.

Section 4 Notice of Decision. Notice of decision shall be made public through a document
signed by the corresponding members of the board of election inspectors and the
ELECOM commissioner. A copy of the document will be given to the petitioner,
and the Board of Election Inspectors filed upon.

ARTICLE XX
Transitory Provision

Section 1 Requirements for approval of this Election Code. Enacted and approved by a
simple majority of the members of the Directorate sitting en banc, and of the
CSG President.

Section 2 Amendments and revisions. Amendments and revisions shall require the
approval or non-approval of a simple majority of votes from the members of the
Directorate sitting en banc to make amendments or revisions on any provision of
this Code. And it shall also require a simple majority of votes from the
directorates sitting en banc vote to approve or disapprove the proposed
amendment(s) or revision(s). The XU-CSG President shall then approve or vote
the directorate’s decision.

Section 3 Integration. Integration of the Electoral Process Provision of the Council’s

Constitution shall be channeled to the XU-CSG Election Code. Refer to Article
X Section 1 of this code with regards to this council and executive ELECOM
working relations.

Section 4 Separability Clause. If for any reason any section or provision of this code, to
any person, group or circumstances is declared invalid or unconstitutional, the
remainder of the Code or the application of such section, provision or portion
thereof to other persons, groups, or circumstances shall not be affected by such
declaration.

Section 5 Repealing Clause. All laws, decrees, orders, rules of parts thereof inconsistent
herewith are hereby repealed.

Section 6 Effectivity Clause. This code shall take effect immediately upon the enactment
of the directorates and approval of CSG President.

16