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Republic of the Philippines h
HOUSE OF REPRESENTATIVES TE: OCT 1 3 20%
Quezon City, Metro Manila TIME: _!'300n

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No, 7868

Introduced by Hon. RONNIE L. ONG

EXPLANATORY NOTE

There have been previous calls to encourage early voting, usually
within seven (7) days before Election Day, for senior citizens (SCs) and
Persons with Disabilities (PWDs), as can be evidenced by the various bills
filed in Congress. The argument being put forward for the early voting
system is either the very low voter's turnout or accessibility issues when it
comes to these sectors.

But, in view of the recent health pandemic, it is not only the right to
vote that is negatively affected but also the very lives of the voters
themselves. Hence, there is now a very compelling reason to revisit and
improve the abovementioned recommendation, urgently develop a new
normal of voting for our SCs and PWDs, and protect their right to vote while
also promoting their health and safety. This is the objective of this bill.

Under this New Normal of Voting for Senior Citizens and PWDs, the
following will be implemented, among others:

1) Casting of votes shall be done early, i.e within 30 days before
Election Day, but it is best to give the Commission on Elections
(COMELEC) the authority to determine the exact period or
duration taking into consideration the number of voters, etc.;

2) Health and safety protocol, which is responsive to the types of
disability and assistance needed by SCs and PWDs and to the
prevailing calamity or health pandemic, shall be put in place;

nts under Republic Act No. 10366, particularly on
and assistive services, are reiterated. It may be noted
that the reasons why some of the SCs and PWDs did not vote last
May 2019 elections is sadly because of the lack of accessibility



and assistance, on top of the inconvenience they suffer while
travelling and voting with a crowd on a single Election Day;

4) Ample opportunity to register and signify their intent to become
early voters shall be given to legitimate, living and qualified SCs
and PWDs. Intensive public information shall also be done to
encourage their full participation;

5) Free and safe transportation will be provided especially for the
physically immobile voters, on top of ensuring accessible public
transportation for all voters; and

6) While actual voting in polling stations is preferred, it is best to also
give COMELEC the authority to explore and develop an early
voting system via postal or mail-in voting, in cases where,
according to scientific data, there is high risk of injury or infection
to SCs and PWDs.

It is our hope that this bill will be considered and approved the
soonest possible time, hopefully before the May 2022 national and local
elections, so that the necessary preparations can be done, the accessibility
issues of polling stations and assistive services for SCs and PWDs can be
improved, and the lives of more than 8.2 million senior citizen voters and
340,000 voters who are PWDs can be protected, especially in light of the
present pandemic.

With all of these in place, our senior citizens and persons with
disabilities will be further encouraged to participate in electing the next set
of leaders and in shaping the future of our country.

RO ONG
Representative, APPL


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS,
Second Regular Session

House Bill No._7868

Introduced by Hon. RONNIE L. ONG

AN ACT PROTECTING THE RIGHT TO VOTE AND PROMOTING THE
HEALTH AND SAFETY OF SENIOR CITIZENS AND PERSONS WITH
DISABILITIES BY INSTITUTING THE NEW NORMAL OF VOTING OR
EARLY VOTING SYSTEM AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the “New
Normal of Voting for Senior Citizens and PWDs Act of 2020.”

SEC. 2. Declaration of Policy. — It is the Policy of the State to
Protect the right to vote of senior citizens (SCs) and persons with
disabilities (PWDs) while, at the same time, also promoting their health and
safety especially during the occurrence of calamities and health
pandemics. Toward this end, a new normal of voting or an early voting
system shall be developed where the effective and full Participation of
these vulnerable sectors are encouraged, the secrecy and sanctity of their
ballot upheld and their health and safety are ensured while exercising their
right of suffrage.

SEC. 3. Early Voting System. — For national and local elections, the
Commission on Elections (COMELEC), while upholding the secrecy and
sanctity of the ballot at all times, shall develop and implement a new normal
or an early voting system for SCs and PWDs, who are qualified to vote,
subject to the following guidelines:


a) Casting of vote shall be done within thirty (30) days immediately
preceding the day of election, the exact period or duration of which
shall be determined and published by the COMELEC, taking into
consideration the number of voters, who are SCs and PWDs, and
other logistical requirements;

b) Health and safety protocol shall be put in place in designated
polling stations and other establishments like waiting areas in
accordance with national and international guidelines and best
practices to address any existing or imminent calamity or health
and safety risk. Measures may include the mandatory use of
mask, face shield, and gloves; checking of temperature; safe and
regular disinfection or sanitization of hands, items, or place; social
distancing; proper ventilation; and adequate training and equipping
of the Electoral Board and other authorized officers and
representatives of the COMELEC;

c) To ensure effective and full participation, the COMELEC shall,
pursuant to Section 4 hereof, keep and update the record of SCs
and PWDs senior citizens who are qualified to vote, and, in
accordance with Section 6 of this Act, conduct an intensive public
information campaign;

d) Aside from actual voting in polling stations, the COMELEC,
pursuant to Section 5 hereof, is given the authority to explore and
develop an early voting system utilizing postal or mail-in voting;

) Polling stations and other establishments like waiting areas shall
fully comply with Republic Act No. 10366 (R.A. 10366) or “An Act
Authorizing the Commission on Elections to Establish Precincts
Assigned to Accessible Polling Places Exclusively for Persons with
Disabilities and Senior Citizens,” such that the requirements for
accessibility, assistive services and devices, ballot design, among
others, are observed;

f) In addition to guaranteeing an accessible public transportation, the
COMELEC, with the help of the Department of Transportation
(DOTr), Department of Interior and Local Government (DILG), the
local government units concerned and other stakeholders, shall
endeavor to provide free transportation service for SCs and PWDs
to and from polling stations, especially for those who have


impaired physical mobility; Provided, That nonpartisanship and
healthy and safety protocol are observed; and

9g) Guided by its mission to provide clean, honest, fair, credible and
orderly elections, the COMELEC is also given the authority to
implement the early voting system in phases or batches or by area
or region, taking into consideration the concentration of voters who
are SCs and PWDs, the prevailing state of calamity or pandemic
and its accompanying risks to the said vulnerable sectors and the
COMELEC personnel, poll workers, or authorized representatives,
the readiness of the system or technology to be used, and
logistical and budgetary requirements therefor.

SEC. 4. Record of Persons with Disabilities and Senior Citizens.
— The COMELEC shall comply with the requirements under Sections 5,6
and 7 of R.A. 10366 on the keeping and updating of records of PWDs and
SCs, who are qualified to vote, and in indicating the types of disability and
the forms of assistance they need. The COMELEC, with the assistance of
the DILG, Department of Health (DOH), the National Commission of Senior
Citizens (NCSC), and the National Council for Disability Affairs (NCDA),
shall verify or ensure that only legitimate, living and qualified PWDs and
SCs are included or will be included in the said record and will benefit
under this Act. For this purpose, the COMELEC shall strictly require such
proof or document to establish a voter's inclusion in the said list.

During the period of early voting set by the COMELEC, the health
and safety protocol of polling stations and other establishments, including
the assistance to be given, shall be responsive to the types of disability and
assistance needed by the PWDs and SCs on record, and the calamity or
pandemic prevailing at that time.

In addition, the COMELEC shall give ample opportunity for PWDs
and SCs to register or signify their intent to Participate in the early voting
system, for which, the corresponding annotation shall be put on record.
Except for valid grounds to be determined by the COMELEC to uphold the
fundamental right to vote and prevent disenfranchisement of voters, those
who registered or signified their intent as an early voter, but have not
exercised their right to vote during the early voting period set by the
COMELEC, shall be prohibited from voting during the day of election.

SEC. 5. Postal or Mail-In Voting. - Actual voting in polling stations
shall be the preferred mode of voting. However, in cases where, because


of an existing calamity or pandemic, voting in polling stations poses high
risk of injury or infection to SCs and PWDs, or a subgroup thereof,
according to scientific data, the COMELEC may opt to develop and
implement an early voting system via postal or mail-in voting catering to the
affected SCs and PWDs, according to guidelines and safeguards it may
provide.

The COMELEC, in implementing postal voting, shall issue such
guidelines that uphold the secrecy and sanctity of the ballot at all times,
including the design, security features and contents of the ballot and
mailing packet, the delivery of the same to the voter, including his or her
address on record, the procedure for voting, the return, receipt and storage
of mailing packet, the canvassing of the vote, transmission of results, and
the provision of ballot receipt, if warranted. Toward this end, the COMELEC
may call for assistance from any government agency and/or non-partisan
civil society group in putting up the necessary mechanism to ensure a
clean, honest, fair, credible and orderly casting of votes under this system,
especially in preventing vote buying, ballot tampering and voter
intimidation.

Section 3 (a), the 3" paragraph of Section 4, other applicable
provisions under this Act, and other existing election laws shall also apply
to postal or mail-in voting.

SEC. 6. Information Campaign. — The COMELEC shall conduct an
intensive public information campaign on the early voting system being
adopted pursuant to this Act, including, among others, who can benefit as
an early voter, stages of the electoral process, the procedure in signifying
intent to participate as an early voter, the period for early voting,
instructions on the casting of vote, the list of designated polling stations, the
health and safety protocol to be observed, and all other services available
for qualified SCs and PWDs.

In coordination with the Presidential Communications Operations
Office (PCOO), DILG, civil society groups and other concerned agencies
and organizations, the COMELEC shall endeavor to conduct surveys and
gather data, evaluate the election turnout, and simplify the procedures or
guidelines, all with the end goal of improving the accessibility and voter
experience of SCs and PWDs and encouraging their full participation.

SEC. 7. Report to Congress. - The COMELEC shall, after deciding
the early voting system to be implemented in the upcoming national and


local elections, shall submit regular and public reports and updates to
Congress on the readiness of the system and the legal, logistical and
budgetary constraints or requirements thereof.

In addition, within a reasonable time after the conduct of the national
and local elections, the COMELEC shall report to Congress on its
evaluation of the effectivity of the early voting system and on its
recommendations how to improve the same and whether to expand its
coverage, including those covered by the local absentee voting, or to utilize
other methods such as the use of online platforms for casting of votes.

SEC. 8. Appropriations. — The initial funding of this Act shall be
charged against the current year’s appropriations or from any available
savings of the COMELEC. Thereafter, such amount as may be necessary
for the continued implementation of this Act shall be included in a
supplemental budget or in the annual General Appropriations Act.

SEC. 9. Implementing Rules and Regulations. - The COMELEC,
in coordination with NCSC, NCDA, and other concerned agencies and
Private stakeholders, shall formulate its rules and regulations within (90)
days after the effectivity of this Act.

SEC. 10. Separability Clause. — If any provision or part hereof is
held invalid or unconstitutional, the remaining provisions not affected
thereby shall remain valid and subsisting.

SEC. 11. Repealing Clause. — Any law, presidential decree or
issuance, executive order, letter of instruction, administrative order, rule or
regulation contrary to or inconsistent with the provisions of this Act is
hereby repealed, modified or amended accordingly.

SEC. 12. Effectivity. — This Act shall take effect fifteen (15) days

after its publication in the Official Gazette or in any two (2) newspapers of
general circulation in the Philippines.

Approved,