UNIVERSITY OF ASIA AND THE PACIFIC

OMNIBUS ELECTION CODE ARTICLE 1

GENERAL PROVISIONS
Section 1. Title This Code shall be known as the University of Asia and the Pacific Omnibus Election Code.

Section 2. Right and Obligation to Vote It shall be the right and obligation of every bona fide student of the university to cast his vote. Unless otherwise specified by the Constitution, bona fide students are those currently enrolled at the University for college to post-graduate schools.

Section 3. Applicability This code shall govern all electoral procedures concerning the Student Executive Board (SEB), as well as all referenda and plebiscites requested by the student government.

Section 4. Date of Elections Unless otherwise specified by the Constitution or determined in special cases by the COMELEC, the regular date of elections. For the officers of the Student Executive Board (SEB), elections shall be held no later than the second week of March. Elections would mean the casting of votes. Section 5. Postponement of Elections When, for any serious cause such as violence, loss or destruction of election paraphernalia or records, fraud, force majeure, national and school holiday and analogous causes of such nature that the holding of free, fair, honest, orderly and peaceful elections should become impossible in any political subdivision, the COMELEC motu propio or upon petition by any interested party, after due notice and hearing, shall postpone elections therein to a date not earlier than three (3) school days (Monday to Saturday) after the cessation of the cause for such postponement or suspension of the election, or failure to hold elections but not later than five (5) school days after the date of election not held, suspended or which resulted in a failure to hold elections. Section 6. Failure of Elections

If, for any reason, the requisite for a valid election as stipulated by the Constitution and/or by this Code is not met, the COMELEC shall declare a failure of elections, and shall hold a special election as provided for in this Code.

Section 7. Call for Special Elections In the case of a failure of elections, the succeeding procedures as stipulated by the Constitution will be followed. In case the prescription of the Constitution is not met, COMELEC will declare the positions vacant. In the event of vacancy in the Student Executive Board and/or any political subdivision, arising after three (3) months or more until the term limit, special elections shall be held by the COMELEC. In the case of a tie, the COMELEC, with direct jurisdiction over the political subdivision, shall organize a special election for the contested position not later than two (2) weeks following the regular elections, unless otherwise determined by the COMELEC. The voting population shall be specified by the COMELEC. Section 8. COMELEC funding and election expenses The COMELEC shall derive funds directly from the Office of Student Affairs (OSA), which shall be included in the miscellaneous fees. All expenses as may be necessary and reasonable in connection with the elections, referenda, plebiscites and similar exercise shall be paid by the COMELEC.

Section 9. COMELEC Adviser The COMELEC Adviser shall be chosen by the Commissioners upon due consultation with the Office of the Student Affairs (OSA). The role of the Adviser shall be to give counsel. The COMELEC shall not be obliged to follow the advice of the Adviser.

ARTICLE 2
THE COMELEC

Section 1. Composition The COMELEC shall be comprised of the COMELEC Commissioners, the COMELEC Adviser and all the other COMELEC volunteers.

Section 2. Duties and Responsibilities The COMELEC shall have exclusive charge of the enforcement and administration of this document relative to the conduct of elections for the purpose of ensuring free, fair, clean, honest, orderly and peaceful elections. It shall:

a) b)

c) d)

e)

Promulgate rules and regulations regarding candidacy, campaign, elections, special elections, plebiscites and/or referenda; Provide information to the student body of the University regarding all election laws, procedures, decisions and other matters related to candidacy, campaign, elections, special elections, plebiscites and/or referenda; Execute decisions, directives and instructions on matters involving campaign, elections, special elections, plebiscites and/or referenda; Hear and resolve protests, appeals and complains pertinent to the conduct of candidacy, campaign, elections, special elections, plebiscites and/or referenda; and After due process and for just cause, have the power to cancel the certificate of candidacy of any candidate or revoke the accreditation of any political party found to be in violation of the provisions of this Code, or recommend any student, candidate or political party found to be guilty of election offense for disciplinary action by the Office of the Student Affairs (OSA) for due process.

The COMELEC commissioners, in conducting/ensuring free, fair, clean, honest, orderly and peaceful elections, shall: a) Exercise direct and immediate supervision and control over all COMELEC volunteers in the university in the performance of their duties; b) It may discipline erring members of the commission and after due process and for just cause, relieve erring Commissioners and/or volunteers from their duties and positions; c) Summon parties and/or independent candidates to a pending case and take testimony in any investigation or hearing before it, or whenever COMELEC deem it necessary; d) Be the sole administrator of the conduct of elections for the University and all authorized university-wide referenda and plebiscites. It shall be charged with canvassing of the election returns and the proclamation of the winners. e) The COMELEC may, as the need arises avail of the assistance of the SEB and/or other duly recognized student organization in the canvassing of election returns; f) After due process and for just cause, shall recommend any student found in violation of this Code to the Office of Student Affairs; g) Prepare and submit election report to the Office of Student Affairs and/or to the appropriate University authorities; h) Have judicial power over the review and recognition of the accreditation of all the political parties at the start of the school year; and i) Other functions (i.e. revision of Omnibus Election Code, creating and producing election rules and regulations) which may be deemed necessary to exercise free, fair, clean, honest, orderly and peaceful conduct of elections. The COMELEC shall have exclusive and initial jurisdiction over all election protests and offenses involving the elections for the SEB officers and all authorized university-wide referenda and plebiscites.

The COMELEC volunteers shall assist the commissioners in conducting/ensuring free elections. They shall: a) Assist in the polling area during the dates of the elections; b) Assist in the canvassing of votes; and c) Other tasks assigned by the COMELEC Commissioners. The COMELEC shall perform such functions as the need arises for the full implementation of this Code, consistent with the requirement of free, fair, clean, honest, orderly and peaceful elections.

Section 3. Term The term of the COMELEC (Commissioners, Volunteers and Adviser) shall begin on the last day of the second semester and end on the last day of the second semester the following school year. In the event when the succeeding COMELEC Commissioners are not appointed, the incumbent COMELEC will remain in office until a new set of COMELEC Commissioners are appointed.

Section 4. Qualifications Any person aspiring to be a member of the UA&P-COMELEC (i.e. Commissioner and Volunteer) shall possess the following qualifications: a) A bona fide student of the University of Asia and the Pacific; b) Shall be known with probity and integrity; c) Shall not be a member, nor be affiliated with any political party in the University; and d) Not be found guilty of any grave offense/s of the provisions in the Code of Discipline as certified by the Office of Student Affairs. Grave offenses are those punishable by suspension or dismissal.

Section 5. Appointment of COMELEC Commissioners The process of the appointment of COMELEC Commissioners is as stipulated in the Constitution.

Section 6. Election of Chairperson The COMELEC Commissioners shall elect among themselves a Chairperson, who shall direct all COMELEC operations and preside over meetings.

Section 7. Voting on COMELEC Decisions The COMELEC decisions shall be made through a simple majority vote of the COMELEC Commissioners therein, excluding the Chairperson. The Chairperson shall only vote in order to break a tie. Once a decision is reached, each member shall fully support it.

Section 8. Restrictions

All COMELEC members shall not be eligible to run for any office in the Student Executive Board within the school year following his/her term in the COMELEC.

ARTICLE 3
POLITICAL PARTIES
Section 1. Composition A political party shall be comprised of at least ten (10) party members and vote among themselves a party leader, who will direct and oversee all party activities. The party leader can and shall speak for the party during meetings or consultations conducted by the COMELEC.

Section 2. Functions The different political parties have the following responsibilities: a) Recruit and nominate students for elective positions in the SEB in adherence to the requirements of the Code; and b) Create project/s that are in line with this Code, the Constitution, and their own political goals.

Section 3. Accreditation All parties shall be accredited through a deliberation by the COMELEC to be able to participate in the elections. The criteria for accreditation are as follows. Political parties are required to submit the following: a) b) c) d) Name and description of the political party; Mission, vision, and objectives of the political party; Copy of the political partys constitution; Complete names of the party members of at least 15 bona fide students, their respective contact numbers, year levels and courses; e) At least one proposed project for the school year; f) Documentation and evaluation of past projects (only for political parties requesting for re-accreditation); and g) Any other information which the COMELEC regards as important in order to hold free, fair, clean, honest, orderly and peaceful elections.

For the re-accreditation of political parties and the accreditation of new political parties, they shall submit the requirements mentioned above to the COMELEC not later than the second week of July.

ARTICLE 4
ELIGIBILITY OF CANDIDATES AND CERTIFICATES OF CANDIDACY

Section 1. Qualifications Any candidate for any position shall have the qualifications stipulated in the Constitution.

Section 2. Nuisance Candidates The COMELEC may motu propio or upon a verified petition of any interested party cancel or refuse to give due course to a certificate of candidacy. It should be shown that the said certificate of candidacy was filed to put the election process in mockery, dispute or to cause confusion among the voters by the similarity of the names of the registered candidates. Any other circumstances or acts which clearly demonstrate that the candidate has no bona fide intention to run for office for which the certificate of candidacy has been filed, and thus prevent a faithful determination of the true will of the electorate shall be cancelled.

Section 3. Filing of Candidacy A period of at most five (5) school days for the filing of candidacy shall be provided for all elections. The filing of candidacy will begin the day after a memo is issued regarding it. The COMELEC may call for an extension when necessary. Candidates are required to submit the following for the filing of candidacy enclosed in a brown envelope: a) b) c) d) e) f) g) h) Name and three aliases, student number, year level, and course; Two 2 by 2 pictures; Position desired; Organizations and/or affiliations; Projected Projects for the year; Platform; Recommendation letter from any faculty member; Complete names of representatives, their respective contact numbers, year levels and courses i. Each independent candidate should have five (5)representatives ii. Each political party should have ten (10) representatives; and i) Any other information which the COMELEC regards as important in order to hold free, fair, clean, honest, orderly and peaceful elections.

Section 4. Certificates of Candidacy No person shall be eligible to run for any public office unless he files a sworn certificate of candidacy with the COMELEC, within the period fixed, herein. a) The certificate of candidacy shall state that the person filing is announcing his candidacy for the office stated therein, and that he is eligible for the said office; the political party to which he belongs; his date of birth; that he will defend and support the Constitution; that he will obey the laws, legal orders and decrees promulgated by the duly constituted authorities; that the obligation imposed by his oath is assumed voluntarily, without mental reservation or purpose of evasion;

and that the facts stated in the certificate of candidacy are true to the best of his knowledge. b) The COMELEC shall have the power to require such other annexes to the certificate of candidacy, as it may deem appropriate, provided that such requirements are not unduly oppressive or unreasonable. c) Unless otherwise specified by the COMELEC, certificates of candidacy shall be issued during the orientation of eligible candidates. Upon the issuance of the certificate of candidacy by the COMELEC, the candidates holding elective and non-elective positions, such as people working for the departments within the SEB, holding major positions in clubs, organizations, varsity teams within the University, and having other responsibilities alike, are deemed to have automatically resigned from their office or position.

Section 5. Withdrawal from Candidacy A person who filed for a certificate of candidacy may, prior to the election, withdraw the same by submitting to the COMELEC a written declaration of withdrawal within three (3) days after the deadline of filing of candidacy. COMELEC will deal with exceptions on a case to case basis.

Section 6. Deliberation of Candidates The set of candidates qualified to run shall be determined by the COMELEC with the certificate of approval coming from the Registrars Office, Guidance Office and the Office of Student Affairs (OSA) as regards to the grade, behavior and disciplinary status of the candidates.

Section 7. Announcement of the Official List of Candidates The COMELEC shall announce the official list of candidates for the Student Executive Board elections, and all other organizations as stipulated in the Constitution, not later than one (1) week after the deadline for the filing of candidacy, and shall furnish a copy to OSA.

ARTICLE 5
CAMPAIGN AND ELECTION PROPAGANDA
Section 1. Duration of Campaign Unless otherwise stipulated by the COMELEC, election campaign shall be allowed only during ten (10) school days immediately preceding the date of election. A moratorium period, beginning on the day before the elections until the winners have been proclaimed by the COMELEC, shall be imposed. During which, any form of campaign by the candidates or parties shall not be allowed.

The candidates will be held responsible for removing all their campaign materials from the campus by 7:00 am of the day of the moratorium period, unless otherwise specified by the COMELEC.

Section 2. Campaign Materials a.) Each candidate is allowed to spend only a certain amount for campaign materials. The amount shall be specified by the COMELEC. The budgets of candidates running under a political party can be pooled to one amount to be spent by the political party for the campaign of its candidates. b.) All election campaign materials shall be subject to approval by the COMELEC. Distribution of campaign materials without the approval of the COMELEC shall be an election offense. c.) Each political party and/or independent candidate shall submit a list of all their campaign materials a one school day before the campaign period. The COMELEC will specify the rules and regulations of the campaign period.

Section 3. Place Restrictions Placement of the approved campaign materials shall be determined by the COMELEC recognizing the mandate of the University Administration through proper channels.

Section 4. Forms of Campaign a) Room-to-room campaign The COMELEC shall allow the room-to-room campaign with the approval of the proper Operations Committee (OpCom) for all authorized university-wide elections, referendum and plebiscites. Each political party and/or independent candidate should give the schedule of the classes they want to campaign in with the teacher concerned to the COMELEC three (3) or four (4) days before the start of the campaign period. Each political party and/or independent candidate is to organize their own room-to-room campaign. They must seek the approval of the department heads by sending the department heads a letter containing their request and their campaign schedule. The removal, destruction, obliteration or tampering with or prevention of the distribution of lawful campaign materials during the campaign period shall be sanctioned by the COMELEC as stipulated in this Code. Noise barrage and rallies on the school grounds or around the block of the campus are prohibited, as well as the use of megaphones, public address systems and other devices of the same nature since they may disturb the classes and other establishments around the campus. The use of email, internet groups, electronic websites, internet messengers, SMS and other electronic means are not allowed. The COMELEC holds the parties and its members responsible for campaign materials they use or campaign strategy they implement.

b)

c)

d) e)

The use of campaign materials that are not in line with the UA&P rules and regulations shall be sanctioned by the COMELEC by meriting an offense.

Section 5. Supporters of Candidates a) Any member of the faculty, administration and university staff (including maintenance staff and security guards) shall not endorse, in whatever form and manner, a candidate of any party. b) Only members of the UA&P student body (excluding COMELEC commissioners and volunteers) are allowed to endorse their preferred candidates. c) Candidates shall be prohibited from approaching any COMELEC member for endorsement purposes. d) COMELEC commissioners and volunteers shall not wear the campaign colors, carry campaign materials intended for promotion, or mention any sort of bias for/against any candidate and/or political party particularly within the duration of the campaign period. e) During the election period, candidates and/or students affiliated with the political party and/or independent candidate/s shall not be allowed within the polling area. Should the supporters not follow this particular rule, the political party and/or independent candidate/s that they are supporting shall, motu propio, be warned. Each succeeding violation will merit an offense against the political party and/or independent candidate/s involved.

Section 6. Miting de Avance a) The political parties and/or independent candidate shall be responsible for holding their own Miting de Avance, and must notify the COMELEC two (2) days before the event. b) The Miting de Avance shall take place during the campaign period. c) All rules and regulations on the conduct of the Miting de Avance shall be determined by the COMELEC.

ARTICLE 6
VOTING

Section 1. Voters List The COMELEC shall prepare a voters list based on the list of students currently enrolled in the semester the elections will be held.

Section 2. Voting Population

The COMELEC shall determine the voting population in all university-wide elections, referenda and plebiscites, depending on the kind of election to be held.

Section 3. Polling Area and Polling Period a) The COMELEC shall establish the polling area where the students will cast their votes. b) There will be two tables provided for the entrance and exit of the polling area that will serve as sign in and sign out booths for the voters. c) In between the sign in and sign out booths will be the tables provided for the voters. d) Unless otherwise specified by the COMELEC, polling period will last for three (3) school days. e) Unless otherwise specified by the COMELEC, polling hours will last from 9:00 am until 5:00 pm.

Section 4. Persons Allowed in the Polling Area a) Only persons bearing authorized identification tags of the COMELEC and bona fide students who will be casting their votes shall be allowed to stay in the polling area. b) At least one (1) COMELEC Commissioner must be present at the polling area during the polling hours, aside from the COMELEC volunteers and COMELEC adviser. c) Each political party shall assign at most two of the ten official party representatives during the election period. In the case of the independent candidate/s he/she shall assign at most two of the five official independent candidate/s representatives during the election period. These official representatives are mandated to be at the polling area at the start and at the end of the polling hours. They are to inspect the ballot boxes before polling begins and to seal the ballot boxes after the polling hours. These official representatives are the only people allowed to approach the booths. However, they have no right to enter into the polling area except at the start and at the end of the polling hours. d) Persons who are not allowed to stay in and linger around the booth are: 1) Faculty and staff, except the COMELEC adviser, and other nonbona fide students; thus, those not eligible to vote; 2) Bona fide students who have already cast their votes; and 3) Candidates, individual candidate/s representatives and members, and parties representatives and members, unless they are casting their votes.

Section 5. The Ballots The COMELEC shall prescribe the format of the ballots, which will be in the form of tick boxes. Any other form is null and void. The ballot shall contain the following: a) Space for the student number, year level, and course; b) Candidates and their desired positions; c) Serial number;

d) Space for the signature of the COMELEC Commissioner present in the polling area; e) Space for the signature of voter; and f) All other pertinent information that the COMELEC deem necessary.

Section 6. The Ballot Boxes The COMELEC shall prescribe the ballot boxes where the voters shall place their ballots. At the start of the polling hours of each of the polling days, the ballot boxes shall be inspected by the official representatives and COMELEC commissioners. After which, the boxes shall be sealed in preparation for election that day by the COMELEC commissioners and official representatives. Commencement of this activity shall only begin when all political parties and/or independent candidates have at least one official representative at the polling area to inspect the ballot boxes. At the end of the polling hours of each of the polling days, the ballot boxes shall be sealed and signed by the COMELEC commissioners and official representatives present. Commencement of this activity shall only begin when all political parties and/or independent candidates have at least one official representative in the polling area. After which, the ballot boxes shall be kept in the Office of Student Affairs or any storage place recommended by the OSA.

Section 7. Voting Procedure The COMELEC shall determine the voting procedure. a) It is mandatory that voters shall sign in, cast their vote, and sign out. b) The COMELEC Commissioner shall ask the voter for the presence of erasures, in so doing, ensuring that the COMELEC did not make the change/s on the ballot. If there are erasures, the COMELEC Commissioner shall sign beside it. c) The COMELEC Commissioner shall sign the ballot as a signature of authentication. d) After the authentication facilitated by the COMELEC Commissioner, the voter shall drop his/her ballot into the ballot boxes. e) At the sign out booth, the voters shall put their signatures.

Section 8. Supervision and Control during the Casting of Votes The COMELEC Commissioners, volunteers and adviser shall have the power to supervise elections in the polling area.

ARTICLE 7
CANVASSING OF VOTES
Section 1. Conduct of Canvassing of Votes

The rules for the conduct of canvassing of votes shall be prescribed by the COMELEC.

Section 2. Opening of Ballot Boxes All sealed ballot boxes shall be opened by the COMELEC Commissioners on the date and time designated by the body, in the presence of the party representatives and/or independent candidate representatives.

Section 3. Time and Venue to Hold the Canvassing of Votes Canvassing should be held in rooms, prescribed by the COMELEC, one (1) hour after the closing of elections and shall continue until the canvassing is finished, unless otherwise specified by the COMELEC.

Section 4. Official Poll Watchers Each political party and/or independent candidate shall be entitled to appoint one (1) watcher per canvassing room. The watchers shall have the right to be present at, and take note of, all the proceedings of the COMELEC. They have the task to: a) Read the election returns without touching the ballots; b) To file a protest on any irregularity in the election returns submitted; c) To obtain from the COMELEC a resolution from the protest filed; and d) Other rights and duties in accordance to the provisions of this Code in ensuring free, fair, clean, honest, orderly and peaceful elections.

Section 5. Invalid votes Ballots are considered invalid when: a) There are erasures or unnecessary marks on the ballot, not duly signed or noted by any COMELEC commissioner. b) If any of the pertinent information is not written on the ballot. c) There is no signature of COMELEC Commissioner.

Section 6. Persons allowed in the canvassing rooms. Persons mandated to be in each of the canvassing rooms for the canvassing of votes to begin and allowed to participate in the procedures are the following: a) b) c) d) At least one COMELEC Commissioner; At least one COMELEC volunteer; COMELEC Adviser; One (1) poll watcher from each political party and/or independent candidate.

In case the abovementioned persons are not in the designated canvassing area in at most one hour after the specified time for canvassing, the

COMELEC will declare a failure of elections, since the ballots cast would not be counted. Persons allowed in the canvassing room but not allowed to participate in the canvassing of votes: a) Bona fide students of the University; b) University Faculty members. Candidates are not allowed to enter the canvassing rooms.

Section 7. Petition for Recount A petition for a recount with valid grounds must be received by the COMELEC only within one (1) school day after the canvassing of votes.

ARTICLE 8
PROCLAMATION, INDUCTION AND HOLDING OF OFFICE
Section 1. Proclamation Unless otherwise specified by the COMELEC, winners in the election shall be proclaimed not later than three (3) school days after the culmination of canvassing, wherein the official tally of election returns are duly signed by all COMELEC Commissioners. Section 2. Induction of Officers Unless otherwise specified by the COMELEC, the officers elect shall be inducted into office within five (5) school days after the official proclamation of winners.

Section 3. Holding of Office The officers elect shall hold office as stipulated in the Constitution.

Section 4. Failure to Assume Office Any elected official who fails to assume his/her office within fifteen (15) days, shall be relieved of his duty or position unless the said failure is for a cause not imputable to him and beyond his control. Guidelines for the replacement of the relieved officer/s are as stipulated in the Constitution.

Section 5. Withdrawal from Position The officers elect of the SEB or any political subdivision may withdraw from their position by submitting to the COMELEC a written declaration of withdrawal from office within four (4) school days after the official proclamation of winners. The COMELEC shall not recognize withdrawal from any position beyond the days

stipulated herein unless the reason for withdrawal is for a cause not imputable to him and beyond his control. Guidelines for the replacement of the officer/s who withdrew are as stipulated in the Constitution.

ARTICLE 9
ELECTION OFFENSES AND PROTESTS

Section 1. Violations Any violation of the provisions in this Election Code shall be considered an election offense. The following shall be guilty of an election offense: a) Any person, association or group who gives, offers or promises money or anything of value or any other similar incident, in order to persuade anyone to vote for/against any candidate or withhold his vote in the election; b) Any person, association or group who makes any representation to persuade the voting public to restrain from casting his vote in the election; c) Any person or group who, directly or indirectly, terrorizes, threatens or actually causes, inflicts or produces any violence, injury or damage upon any person or group or uses any dishonest device or scheme to force such person or group to vote or to refrain from voting; d) Any person who, directly or indirectly, threatens, intimidates or actually causes, inflicts or produces any violence, injury, punishment or damage upon any COMELEC member in the performance of their election duties; e) Any person who uses under any form whatsoever, directly or indirectly, public funds for any election campaign or partisan political activity; f) On voting: 1) Any person who votes more than once in the same election. 2) Any person who votes in replacement of another, whether with or without consent. The person who allows another to vote in his place is also held responsible. g) On Canvassing: 1) Any member of the COMELEC with the duty of reading the ballot during the counting, who intentionally fails to read the vote duly written on the ballot or misreads the vote actually written or reads the name of a candidate who is not listed on the ballot. 2) Any member of the COMELEC who is in charge of tallying the votes on the tally board or sheet, election returns or any other form who intentionally fails to record a vote or records erroneously the votes as read or records a vote where no such vote has been read. 3) Any person who intentionally disrupts the canvassing procedure.

h) Any person who, for any cause whatsoever, disrupts the peace of the election process or performs any act prejudicial to the free, fair, clean, honest and peaceful conduct of elections.

Section 2. Election Protest and/or Election Offenses An election protest is any question related to or will affect the proceedings of the COMELEC, which may be raised by any bona fide student directly addressed to the COMELEC. In dealing with election protests and offenses, the COMELEC will adhere to the following procedures: a) All complaints involving election protests and/or election offenses shall be filed in writing with the COMELEC at least two (2) school days before the proclamation of winners. b) The COMELEC shall require the offender to submit a written reply to the complaint within one (1) school day from the date of receipt of notice. Any complaint not replied to by the alleged offender within the period prescribed shall be deemed true and shall merit the appropriate sanction. c) The COMELEC shall render its decision one (1) school day after the expiry date of the required response. d) Appeal, from a decision granted by the COMELEC, may be made to the Office of Student Affairs not later than two (2) school days from the receipt of the copy of the decision appealed from.

Section 3. Sanctions Violations of persons affiliated with any political party and/or independent candidate shall merit an offense. There will be a maximum of ten offenses, and accumulation of such will merit a disqualification. Violations of persons who are not affiliated with any political party and/or independent candidate shall be directed to the Office of Student Affairs.

Section 4. Jurisdiction on Election Protests and Offenses The COMELEC shall have exclusive jurisdiction over all election protests and/or election offenses.

ARTICLE 10
COMPUTERIZED ELECTIONS

In the availability of a computerized election, the COMELEC shall have the responsibility of ensuring the continuance of clean, honest, and effective elections. In lieu with this, the COMELEC shall follow the rules instituted herein. Section 1. Requirements:

a) Three or more kiosks and/or three or more computers shall be situated in Study Hall A for election purposes b) A television set shall be placed in Study Hall A as an updating mechanism regarding the number of votes already cast per batch in an SEB election or other elections, plebiscites, and referendum. c) Sign-in and sign-out booths must be available, which will be manned by at least one (1) COMELEC Commissioner or COMELEC volunteer. d) The COMELEC shall secure a voters list containing the names of voters with their respective student numbers. e) Voters must present any valid ID with picture for verification purposes in the sign-in booth.

Section 2. Process: a) Voters must first confirm in the sign-in area before they are allowed to proceed to the computers/kiosks. b) The interface in the computer/kiosk shall require the voter his/her Student Number, PIN, and a password provided by the COMELEC in order to login. c) One student number is equivalent to one vote. d) Once the voter has chosen his/her candidates by marking the tick boxes, the interface shall ask him/her to verify his/her choices. After verification, the voter can no longer alter his/her vote.

Section 3. Security: a) The COMELEC shall obtain back-up data after every hour from the computers and/or kiosks. b) To prevent the event that a voter can vote more than once, since he/she may have knowledge of another voters student number and pin, the COMELEC shall provide a random password for each student which will be given in the sign-in area. c) In the circumstance of a systems crash, the COMELEC shall enforce the following: 1) If the system crashed within the election period, and the system was restored within the day, elections will resume the succeeding days through computerized voting. 2) If the system crashed within the election period, and can no longer be repaired, in which the COMELEC already has back-up data of those who already voted, the COMELEC shall resort to manual elections the succeeding day. The votes in the back-up data shall be considered valid and will be included in the canvassing. Voters whose votes were not stored in the back-up data shall again vote in the manual elections. 3) The election period will be extended for one more day, unless otherwise specified by the COMELEC.

Section 4. Ensuing Actions

The succeeding course of action by the COMELEC will still hold as stated by in this Code.

ARTICLE 11
AMENDMENTS

Section 1. Call for Amendment The COMELEC, or upon the request of any bona fide student through a formal written letter, may propose any amendment or revision of this Code, or call a convention for that purpose. A public notification and hearing will then ensue to justify the need for an amendment.

Section 2. Call for Convention The COMELEC may call for a convention for the purpose of amending or revising this Code upon the validity of the request for an amendment. The convention will be composed of five COMELEC Commissioners and three representatives of the student body. Names from the student body from 1st, 2nd, and 3rd year will be nominated by the COMELEC (Commissioners, volunteers, and Adviser). A representative from each year level will be selected by the COMELEC Commissioners as well.

Section 3. Plebiscite required Any amendment to or revision to this Code shall be valid when ratified by a simple majority votes cast in a plebiscite consisting of incumbent COMELEC Commissioners, which shall be held not later than eight (8) months after the approval of such amendment or revision. The voting population of the plebiscite to ratify the Code will be the COMELEC Commissioners, the three year representatives, and two representatives of each accredited political party.

Section 4. Amendments No amendments shall be made within five (5) years of its approval, not more often than once every five years thereafter, unless there are changes that are related and may affect this Code, for example, a new Constitution is ratified that falls within the five year allotment.

ARTICLE 12
TRANSITORY PROVISIONS

Section 1. Effectivity This Code shall take effect immediately after the ratification process. The manner of ratification is through a majority vote that is fifty percent plus one (50% + 1) by the incumbent COMELEC.

Section 2. COMELEC Members All incumbent members of the COMELEC shall remain in office until the new set of COMELEC commissioners has assumed their office.

Section 3. Applicability Upon any changes in any related documents (ex. Constitution) or in the structure of the University, this Code shall apply mutates mutandi.

Section 4. Pending Actions Pending actions arising before the affectivity of this Code shall be governed by the rules then in force.

ARTICLE 13
FINAL PROVISIONS

Section 1. Reorganization of the COMELEC The COMELEC is hereby authorized to reorganize its office within twelve (12) months of the implementation of this Code for the purposes of ensuring free, fair, orderly, honest and peaceful elections, discharging its judicial powers, and in maintaining its independence under the Constitution.

Section 2. Repealing Clause All election laws, decrees, rules and regulations or parts thereof, inconsistent with the provisions of this Code and the Constitution are hereby repealed.

Section 3. Effectivity This Code shall become effective starting January 2007, after its approval.

Signed:

John A. Montoya COMELEC Chairperson COMELEC Commissioner Industrial Economics Program

Mary Rose Juliet G. Anatalio COMELEC Commissioner Master of Science in Management

Karen Anne F. Lozano COMELEC Commissioner College of Arts and Sciences

Joanna Marie L. Soberano COMELEC Commissioner Integrated Marketing Communications

Jean Marie G. Chua COMELEC Commissioner College of Arts and Sciences

Noted By:

Ms. Ces M. Ressureccion OSA Director

Mr. Carlos Martin B. Velez COMELEC Adviser