AMID debates on the legality of the proposed mall-based voting and even as the Commission on Elections (Comelec) already approved it “in principle” for next year’s elections, the poll body said it would still hold a public hearing on the satellite voting initiative before the end of the month.
“Before the end of November, we will have the hearing. We will invite the political parties as well as the general public… we want to hear the public’s take on this,” Comelec Chair Andres Bautista said.
According to him, the poll body intends to get all the necessary inputs, including the arguments of those opposed to the proposal.
In a text message to reporters, Bautista said “it would be an honor and privilege to orally argue” with Sen. Aquilino “Koko” Pimentel III, who threatened on Friday to question the legality of the proposed mall voting all the way to the Supreme Court.
Pimentel said he believed the proposal did not have any legal basis and should not be implemented.
Pimentel, chair of the Senate electoral reforms and people’s participation committee, argued that the Omnibus Election Code (OEC) does not provide for the utilization of malls as polling places since these are privately owned establishments.
Section 42 of the OEC states that polling places must be public schools or any other public building within the barangay. But the law also provides that in case there is no public school or any other public building that can be used as polling places, other appropriate private buildings may be designated.
Still, Pimentel said such “extreme” or “emergency” situation does not exist since there are many available public schools that can still be used and election day is still six months away.
“I think he is wrong about mall voting,” Bautista said of Pimentel.
“Did you also know that 41 places owned by private entities were used by the Comelec in the 2013 mid-term elections where it paid rent of close to a million pesos? In 2016, the malls are offering their spaces for free,” the Comelec chair said.
“Also five SM malls were used as alternative polling precincts for persons with disabilities (PWDs) and senior citizens in the 2013 barangay elections,” he added.
Bautista also appealed to those opposing the mall voting project to look beyond the legality of the initiative.
“I hope the people not just (focus on) the legality, but on what can be beneficial for the voters. We want to enhance the people’s voting experience. It will be more comfortable and convenient for them and it will drive [up] voter turnout. We want our voters to go out and vote,” said Bautista.