Download - ELECOM OMNIBUS CODE
Electoral Commission
Central Student Government
Xavier University- Ateneo de Cagayan
ARTICLE 1 General Provisions
Section 1 Title. The code shall be known and cited as the “2009 Omnibus Election Code of 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 especial cases by the
Electoral Commissions, which hereinafter shall be referred to as the ELECOM, the election period shall commence 30 days before the day of the election and
shall end 7 days thereafter.
The period of campaign for all the public offices shall be (5) days. The campaign periods shall not include examination days, the cleaning day, which is
the day before; and the day of the election.
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 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 6 Election Code to be available to 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, that it may be readily consulted by any person in need.
Section 7 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.
Section 8 Tenure of Office. The elected officials shall assume office on the 31
st 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 9 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).
ATICLE II Election of President, Vice-President and Directorate.
Section 1 Regular Election. The regular elections for President, Vice-President of the XU-CSG shall be held either on the first or second Thursdays and Fridays of
February, provided that no major exams are scheduled.
Section 2 Proclamation of President-elect, Vice-President 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 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 incumbent
Directorate members, President and Vice-President of XU-CSG as stated in Art.
XV, Sec X of this code.
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
two 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 declared winner as Council President shall also be
declared by the CSG ELECOM as member of the Directorate
Section 3 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, in turn, shall be presided by the outgoing CSG officers, shall
take place at noon of the 31st 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 necessary.
ARTICLE III The Electoral Commission
Station 1 Powers and Functions of the ELECOM. In addition to the powers and functions
conferred by the XU-CSG Constitution, the ELECOM shall be the sole enforcer
of all the provisions of the 2009 XU-CSG Omnibus Election Code.
Station 2 Qualifications. Only bona fide college students of XU-CSG shall be eligible for
appointment as members of the ELECOM.
Section 3 Disqualification 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 be 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.
ARTICLE IV Political Parties
Section 1 Political Party. Political party means an organized group of XU students pursuing
the same ideology, political ideas, and 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 of time 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 (5) days from the date it is submitted for decision.
ARTICLE V Eligibility of Candidates and Certificates 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 mandated in Article X, Sec 2of 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’s 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 office
unless he/she files a sworn certificate of candidacy within the given time.
Section 4 Contents of Certificate of Candidacy. The Certificate of Candidacy shall state
that the person filing it is announcing his/her candidacy of office and that he/she
is eligible for the stated office; the political party to which he 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.
The person filing a certificate of candidacy shall also attach his/her latest
passport size photograph. 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 of Certificate of Candidacy. Filing of certificate of candidacy shall be held
(18) days before the election. The declaration of candidates shall be held three (3)
days after 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 pcs. Per party or independent candidate.]
b) Poster Maximum size equivalent to half-size manila paper. [ maximum size: (24”x 36”) 50 pcs. Per party or independent candidate].
c) Streamers and Tarpaulins, provide that they follow the university policy on
postings. [ maximum size of streamers : (1m x 3m), 2pcs. Per party or independent candidate].
d) Other campaign materials, such as buttons or pins, provide they produced at
the minimum cost. [maximum size : (6 inches x 6 inches) 1000 pcs. 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 Prohibiting. It shall
be unlawful for any person, other that an ELECOM representative, during the campaign period to remove, destroy, or in any manner deface tamper with or
prevent distribution of lawful election propaganda.
Section 3 Requirements for Published or Printed Election Propaganda shall have to pass
through the ELECOM, to be able to provide a guide and system for the
regulation of posting activities in the campus during the election period.
Section 4 Prohibited forms of Propaganda. It shall be unlawful to print and distribute or
post any election propaganda urging the voters to vote against any candidate.
Any prohibited election propaganda, gadget or advertising shall be
stopped, confiscated or torn dawn by any representative of the ELECOM upon
specific authority of the ELECOM.
Section 5 Rallies and other political activities. Other than the rally set by he 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 poster of announcements or questions 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
conduct its proceeding and where voters can cast their votes.
Section 2 Designation of Polling Places. The location of the 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 the 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 a computerized 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 Computerization of Election. An individual or group of
individuals may appeal for manual election should the ELECOM be
incapacitated to hold the computerized 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 Electronic Election Program to the XU community.
Approval/disapproval of appeals shall be done by the members of the CSC Supreme Constitutional Court within two school days after the appeal has been
made. The decision of the justices shall be final and irrevocable.
ARTICLE X Election Paraphernalia
Section 1 Publication of Certificate of Printing. The ELECOM shall post all CSG bulletin boards a certificate of printing duly countersigned by the administrator of the
printing press where the ballots were printed.
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.
Whether election is done manually or is computerized, a similar tally
board will be seen at the ELECOM office or ELECOM designated room for the final counting or the canvassing of the summary of votes from each college.
Section 4 Computers and Printers. If election is computerized, a minimum six (6)computers
and (2) printers per polling place shall be used during the election. The printer shall only be used for the printing of the voters and the election returns.
Section 5 Official Election Software. Only the official election software presented to the XU community not later than three weeks before the election shall be used
during the University elections.
Section 6 Furnishing of Ballot Boxes, Forms, Computers and Printers (if election is
computerized) and Materials for Elections. The ELECOM shall prepare and
furnish the ballot boxes, forms and another materials necessary for the holding of
the election and counting of returns.
ARTICLE XI 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 does 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.
Section 3 Qualifications. 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 a chairperson 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 functions:
a. Conduct the voting and counting of votes of their respective colleges.
b. Act as deputies of the ELECOM in the supervision and control of the election in the polling places where they are in to assure the
holding of the same in a free, orderly and honest manner and;
c. Perform other functions prescribed by this code or by rules and regulations declared by the ELECOM.
Section 6 Voting Privileges of the Board of Election Inspectors. Members of the board of
election inspectors may vote in their polling places where they are assigned on election day provided they are registered as 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 and thirty minutes only.
Other than the stated reason, the members who wish to be relieved 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 board of election inspectors
shall have full authority to maintain order within the polling place and its premises. If ant person shall conduct himself/herself in a disorderly manner, and
there by interpreting its proceedings, the board of election inspectors shall may
order the obstructing party to leave the premises, but this does not mean that the person/group of persons shall be stripped of his/her right to vote.
ARTICLE XII Watchers
Section 1 Official Watchers of Candidates. Every registered political and independent
candidates shall be entitled to not more than (1) watcher in each center and other watchers are not allowed within 20 meter radius from the voting area. No person
shall be appointed as watchers unless he/she is 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,
election returns to the tally board nor interfere with the proceedings.
ARTICLE XIII Official Ballots and Election Returns
Section 1 Official Ballots. Ballots for all colleges shall be uniform size and color with
serial numbers and must bear the words: “OFFICIAL BALLOTS”.
If election is done manually, each ballot shall contain the note: “FILL
OUT THIS BALLOT SECRETLY INSIDE THE VOTING PLACE.” In
addition, it must contain the positions to be voted on and sufficient spaces with horizontal line where the voter may write the name (s) of the candidates (s), or
position in the case plebiscite or referendum chosen by the voters.
If election is computerized, each ballot shall contain serial numbers and the positions to be voted on sufficient spaces with horizontal line. The official
ballot will be used for printing of the voters’ choice/vote. The complete name of
the running candidate voted by the student must be printed in the spaces
provided. There shall be only the official stamp of the ELECOM on the reverse
side, with signature of the respective college chairperson.
Section 2 Printing of Official Ballots and Election Returns. The official ballots to be used
by all councils and the 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 XIV Casting of Votes
Section 1 Voting Hours. For both days of election, the casting of votes will start at 8:00 am
until 12:00 noon and will resume at 1:00 PM until 7:30 PM. 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 or 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 shall immediately depart.
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.
In case of computerized election, the voter shall also approach the
chairperson, presents his/her ID before proceeding to the computer assigned to
him/her.
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.
In case of computerized election, the voter shall proceed to one of the computers and shall follow the instructions provided.
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.
In computerized election, when the voter is finished voting in the
computer he/she shall proceed to the table of the chairperson to have his votes
printed. Both the chairperson and the voter shall assign the ballot. The voter shall then drop the ballot into 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.
For Computerized Elections, only numbers 1, 2, 3, 4, 5, 6, 7, 8, 11, 12 and 13 in
this section shall be bound necessary.
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 are required by the previous
section, herein.
ARTICLE XV 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
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 at the 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 ballots 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 which shall be recorded, by a diagonal line crossing the four (4) vertical
line. 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 maybe 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 surname 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 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 to the later; 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 candidates whose names were firstly written by the voter within the spaces provided for the office in the ballot until the authorize
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, nut not invalidate the whole ballot Any ballot
containing the names of a candidate printed and posted on a blank space of the
considered a 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 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, 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 Election 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 XVI Canvassing of Votes in a Computerized Election
Section 1 Applicability. This article shall be applied if the ELECOM, with due presentation
to the XU community holds the computerization of the campus election.
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 Election 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 Canvassing of Votes. As soon as all of the College Board of Election Inspectors submitted the Election Results. Election Returns and ballot boxes, the ELECOM
shall schedule the canvassing of votes, preferably right after having dinner. The
canvassing of votes shall be done within the school premises, and shall follow the
procedure set by the ELECOM.
Section 5 Election Resulting In tie. In case of Election resulting in tie, the provision found
in Sec. Art XV, Sec. 10 shall be followed.
Section 6 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 7 Appeal to Recount the Votes in the Computerized 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
computerization of election, within 24 hours after the votes are canvassed.
Evidences are important for an appeal to be heard.
The Supreme Constitutional Court shall decide for the approval/disapproval of
appeal to recount.
A recount of votes, using the printed official ballots must be scheduled
immediately by the ELECOM should the Supreme Constitutional Court approve
the appeal. Provisions stated in Article XIV shall be followed in the recounting of votes.
ARTICLE XVII 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 typewritten, 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.
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 XVIII 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 form 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 Section
1, Article X 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.