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.