When is there a failure of election?

We only have 17 more days to go before the ARMM election.   This coming ARMM election will be a milestone in our election history because of the adoption of automation to expedite and facilitate the election process.  As of this writing, the test run of the automation system of COMELEC was very smooth.  However, I can’t help to be sceptic on whether during the election day, the system will also run smoothly considering other social and political factors that usually occur during election day.  At any rate, let us give the COMELEC the benefit of the doubt and kudos to them for finally undertaking this election reform long overdue.  

Expect that during the election date, the 3Gs (Guns, Goons and Gold) that traditionally disrupts the conduct of free, honest, ordely and credible election will again be employed by unscrupulous politicians.  For sure, the COMELEC will have its hand busy with petitions for suspension and for declaration of failure of election in ARMM areas.  But what exactly constitute a failure of election?  On what grounds failure of election is declare?

To help us understand, let me see what the law provides…

Section 6 of Omnibus Election Code says,

Sec. 6.  Failure of election. - If, on account of force majeure, violence, terrorism, fraud or other analogous causes the election in any polling place has not been held on the date fixed or had been suspended before the hour fixed by the law for the closing of the voting, or after the voting and during the preparation and the transmission of the election returns or in the custody or canvass thereof, such election results in a failure to elect, and in any of such cases the failure or suspension of election would affect the result of the election, the Commission shall, on the basis of verified petition by any interested party and after due notice and hearing, call for the holding or continuation of the election not held, suspended or which resulted in a failure to elect on a date reasonably close to the date of the election not held, suspended or which resulted in a failure to elect but not later than thirty days after the cessation of the cause of such postponement or suspension of the election or failure to elect. (more…)

Tags: Election Law Failure of election

Posted by elaw at 7:42 pm | permalink | comments[18]