By Helen Flores (The Philippine Star)
Link: http://www.philstar.com/Article.aspx?articleId=568671&publicationSubCategoryId=63
MANILA, Philippines - There’s no stopping the national and local elections on May 10 despite a petition for their postponement by a presidential candidate, according to Commission on Elections (Comelec) Chairman Jose Melo.
“That’s unconstitutional… because the Constitution itself provides for the specific date on which an election will be held,” Melo said in reaction to a petition to postpone the polls filed by independent presidential candidate Nicanor Perlas.
The Comelec has yet to deliberate on Perlas’ petition.
In his petition, Perlas cited the agency’s lack of preparedness in carrying out its duties in the first nationwide automated polls.
In a 34-page petition, Perlas said the Comelec should first ensure that the automated elections system (AES) is fool proof before it proceeds with the elections in May.
“Failing to do so, the commission should give due course to the petition and postpone the May 10 national elections and expeditiously resolve all the technical, logistical, legal, and other problems connected with the AES within or less than three months,” Perlas said.
Among the issues Perlas raised in his petition were the lack of source code review, possible transmission failure, absence of voter verifiable paper trail, lack of ballot security features, presence of thousands of multiple registrants, lack of sufficient voter education and possible non-delivery of voting machines due to logistical failure.
“The honorable commission should demonstrate in writing that they have fully addressed all the factual allegations of this petition and that there is no basis for concern that the fully automated election system will fail on May 10,” Perlas said.
Perlas said the Comelec has the power to postpone the elections as provided for in the Omnibus Election Code.
He said that Section 5 of the Omnibus Election Code states that the elections may be postponed in cases of “violence, terrorism, loss or destruction of election paraphernalia or records, force majeure, and other analogous causes.”
The law also provides that a new election schedule “should be reasonably close to the date of the election” but not later than 30 days.
Perlas, who trails most candidates in surveys, also clarified that his petition is not meant to benefit President Arroyo, whose term may be extended in the event of a postponement of polls.
“I’m not in favor of Arroyo but I do not want mass violence and civil war in case of a failure of elections,” Perlas said.
Link: http://www.philstar.com/Article.aspx?articleId=568671&publicationSubCategoryId=63
MANILA, Philippines - There’s no stopping the national and local elections on May 10 despite a petition for their postponement by a presidential candidate, according to Commission on Elections (Comelec) Chairman Jose Melo.
“That’s unconstitutional… because the Constitution itself provides for the specific date on which an election will be held,” Melo said in reaction to a petition to postpone the polls filed by independent presidential candidate Nicanor Perlas.
The Comelec has yet to deliberate on Perlas’ petition.
In his petition, Perlas cited the agency’s lack of preparedness in carrying out its duties in the first nationwide automated polls.
In a 34-page petition, Perlas said the Comelec should first ensure that the automated elections system (AES) is fool proof before it proceeds with the elections in May.
“Failing to do so, the commission should give due course to the petition and postpone the May 10 national elections and expeditiously resolve all the technical, logistical, legal, and other problems connected with the AES within or less than three months,” Perlas said.
Among the issues Perlas raised in his petition were the lack of source code review, possible transmission failure, absence of voter verifiable paper trail, lack of ballot security features, presence of thousands of multiple registrants, lack of sufficient voter education and possible non-delivery of voting machines due to logistical failure.
“The honorable commission should demonstrate in writing that they have fully addressed all the factual allegations of this petition and that there is no basis for concern that the fully automated election system will fail on May 10,” Perlas said.
Perlas said the Comelec has the power to postpone the elections as provided for in the Omnibus Election Code.
He said that Section 5 of the Omnibus Election Code states that the elections may be postponed in cases of “violence, terrorism, loss or destruction of election paraphernalia or records, force majeure, and other analogous causes.”
The law also provides that a new election schedule “should be reasonably close to the date of the election” but not later than 30 days.
Perlas, who trails most candidates in surveys, also clarified that his petition is not meant to benefit President Arroyo, whose term may be extended in the event of a postponement of polls.
“I’m not in favor of Arroyo but I do not want mass violence and civil war in case of a failure of elections,” Perlas said.
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