2011 OMNIBUS ELECTION CODE OF XU-Central Student Government

Be it amended and enacted by the 17th Directorate in session assembled:

ARTICLE I
General Provisions

Section 1 Title. The code shall be known and cited as the “2011 Omnibus Election Code of XU –
Central Student Government.” For the purposes of brevity, the government shall be referred to
as the XU-CSG.

Section 2 Applicability. This code shall govern all elections XU-CSG officers and, to the extent
appropriate, all referenda and plebiscites.

Section 3 Election and Campaign Periods. Unless otherwise fixed in special cases by the Electoral
Commission, which hereinafter shall be referred to as the ELECOM, the election period shall
commence forty (40) school days before the day of the election and shall end seven (7) days
thereafter.

The period of campaign for all the public offices shall be ten (10) school days. The campaign
periods shall not include examination days, the cleaning day, which is the day before, and the
day of the election.

However, in case of special elections, the campaign period shall be five (5) school days.

Section 4 Postponement of Election. The only valid reason for the ELECOM to cause a postponement
of election when it so happens that Xavier University declares classes suspended during
Election Day.

Section 5 Failure of election. The ELECOM shall declare failure of election on the following
grounds and follow the following provisions:
a) If, on account of force majeure, violence, 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 law for the closing of the voting,
or after the voting and during the 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 ELECOM shall, on the
basis of a 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, but not later than thirty days after the

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 cessation of the cause of such postponement or suspension of the election
or failure to elect.
b) If in the case where the number of voters does not reach 25% of XU’s student
population for the CSG President and Vice-President; and 15% of the College
Council student population for the Council presidents. ELECOM shall then hold a
re-election for the vacant position(s) on a date not later than thirty (30) days after
the declaration of failure of election.
c) The results in the CSG level will not affect that of the council level and vice versa.
d) A failure of election shall be declared only once. If in the case where a vacant
position(s) does not reach the 25% for CSG or 15% for the Council in the re-
election, the candidate with the highest number of votes shall be declared elected.

Section 6 Special Elections. The situation described in Article XII Section 4 of the 2005 XU-CSG
Constitution will be the only time when special elections could be called, provided that the AD
Hoc Body of the XU-CSG shall not call special elections three months before the regular
election. The special elections shall be held two weeks after the nearest examination week.

Section 7 Availability of the election code in all polling places. A printed copy of this code in English
shall be provided, posted and be made available by the ELECOM in every polling place, in
order that it may be readily consulted by any person in need.

Section 8 Election Expenses. Funds needed by the ELECOM to defray the expenses for the holding of
regular and special elections, referenda and plebiscites shall be provided by the XU-CSG.

Section 9 Tenure of Office. The elected officials shall assume office on the 31st day of March, noon
time, and shall terminate at the same date the year after, as stated in Art. XIII, Sec I of the XU-
CSG 2006 Constitution. Preparations shall be made together with the incumbent officials for
the proper turnover and smooth transition during the summer period.

Section 10 Disqualification. The ELECOM, after proper verification, shall reject the application for
candidacy of any person who falls short to the qualifications set by the XU-CSG 2006
Constitution (Art X, Sec II).

ARTICLE II
Election of President, Vice-President and Directorate

Section 1 Regular Election. The regular elections for President and Vice-President of the XU-CSG and
Council Presidents shall be held either on the first or second Thursdays, Fridays and Saturdays
of February, provided that no major exams are scheduled.

Section 2 Proclamation of President-elect, Vice-President-elect and Council Presidents-elect. Upon

the completion of the canvass of votes by the ELECOM, the person obtaining the highest
number of vote shall be declared elected, but in case two or more shall have an equal and
highest number of votes, one of them shall be chosen President and Vice-President, as the case
maybe, by majority of all the incumbent members of the Directorate, President and Vice-
President of XU-CSG in session assembled, as stated in Article XVII Section 10 of this code.

In the case where there is only one candidate for a certain position, he has to attain more than
50% votes of the total population of those who voted.

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 Proclamation of the CSG President-elect, the Vice-President-elect and the winners at the
Council level shall be done on the first Wednesday after the completion of the canvass of votes
by the ELECOM through any activity set by the ELECOM provided that the official results
are obtained. In case of tie for the highest number of votes vying for the same position in the
council level, the council ELECOM shall facilitate the breaking of such tie according to their
Election guidelines. The declared winners as Council Presidents shall also be declared as
members of the Directorate.

Section 3 Re-election for the CSG President, CSG Vice-President, and Directorate. If in the case the
lone candidate running for a certain position failed to attain more than 50% of the population
of those who voted, a re-election will be done. The candidate who failed to achieve the quota
is unqualified for the re-election. The next day after the last day of election, ELECOM will
then immediately release COCs for new candidates who want to run for the position.
ELECOM will then set re-election schedules but should not be later than thirty school days
after the last day of election. Eligibility of the new set of candidates will still be followed as
stated in Article X Section 2 of the 2006 XU-CSG Constitution.

Section 4 Oath-taking and Turnover Ceremonies. The Oath-taking of the declared winners of
election, which shall be presided by the ELECOM, and the turnover ceremonies which will be
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presided by the outgoing CSG officers shall take place at noon of the 31 day of March of the
year and on the same date of the year thereafter. The ELECOM shall have the power to
reschedule the oath taking and turnover ceremonies should it be deemed necessary.

ARTICLE III
The Electoral Commission

Section 1 Powers and Functions of the ELECOM. In addition to the powers and functions conferred
upon it by the XU-CSG Constitution, the ELECOM shall be the sole enforcer of all the
provisions of the 2011 XU-CSG Omnibus Election Code for the purpose of ensuring free,
orderly and honest elections.

Section 2 Qualifications. Only bona fide college students of XU-CSG shall be eligible for appointment
as members of the ELECOM.

Section 3 Disqualifications of Members of the ELECOM. No commissioner shall assume function in

any case which he/she has manifested bias prejudice for or against antagonism against any
party. If it were claimed that the commissioner is disqualified, the party objecting to its
competency may file his/her objection in writing one week after the filing of the complaint.

ARTICLE IV
Political Parties

Section 1 Political Party. “Political party”, when used in this Election Code, means an organized group
of XU students pursuing the same ideology, political ideas, or platform of student governance.
A political party shall first be duly registered to the ELECOM.

Section 2 Registration. Any organized group of students, seeking registry as a political party may file to
the ELECOM, in a given period of time set by the ELECOM, a petition attaching their
platform of student governance and such relevant information as maybe required by the
ELECOM. The ELECOM shall resolve the petition after five (5) days from the date it is

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 submitted for decision. No political party which seeks to achieve its goal through
violence shall be entitled to accreditation.

ARTICLE V
Eligibility of Candidates and Certificate of Candidacy

Section 1 Qualification of Elective Positions. No student shall be allowed to run for an elective
position unless he/she satisfies the requirements as mandated in Article X, Section 2 of XU-
CSG 2006 Constitution.

Section 2 Candidate holding Appointive and Elective Office. Any person holding an appointive
position or elective office in the CSG Executive or Directorate or in the Council who is
seeking for re/election or higher level office, shall submit resignation letter to the authorized
person upon the application for candidacy.

Section 3 Certificate of Candidacy. No person shall be eligible for any elective public office unless
he/she files a sworn certificate of candidacy within the period fixed herein.

A person who has filed a certificate of candidacy may, prior to the election withdraw the same
by submitting to the office concerned a written declaration under oath.

No person shall be eligible for more than one office to be filled in the same election, and if
he/she files his/her certificate of candidacy for more than one office he/she shall not be eligible
for any of them. However, before the expiration of the period for the filing of the certificates
of candidacy, the person who has filed more than one certificate of candidacy may declare
under oath the office for which he desires to be eligible and cancel the certificate of candidacy
for the other office or offices.

Section 4 Contents of Certificate of Candidacy. The Certificate of Candidacy shall state that the
person filing it is announcing his/her candidacy for the office stated therein and that he/she is
eligible for the said office; the political party to which he/she belongs; civil status; his/her date
of birth; residence; his/her course and year; his/her nickname(s); that the obligation imposed
by the oath is assumed voluntarily without mental reservation or purpose of evasion; and that
the facts stated by the certificate of candidacy are true to the best of his/her knowledge.

The person filing a certificate of candidacy shall also attach his/her latest photograph, passport
size. Both party chairperson and candidate, and independent candidates shall have to affix
their signatures to make the certificate valid. The ELECOM shall have the right to set other
requirements not stated above should it deemed necessary for the election.

Section 5 Filing and Distribution of Certificate of Candidacy. The certificate of candidacy shall be
filed on any day from the commencement of the election period but not later than the
fifteen (15) school days thereafter: Provided that in cases of postponement or failure of
election under Sections 4 and 5 of Article I, no additional certificate of candidacy will
be accepted. The declaration of candidates shall be held three (3) school days after the
last day of filing.

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 ARTICLE VI
Campaign and Election Propaganda

Section 1 Lawful Election propaganda. Lawful election propaganda shall include:

a) Teasers, including leaflets and book markers with the maximum size equivalent
to one-half size of a short bond paper [maximum size: 1/2 (8.5 x 11) 10,000
pieces per party or independent candidate].
b) Poster Maximum size equivalent to half-size manila paper [maximum size: (24”
x 36”) 50 pieces per party or independent candidate].
c) Streamers and Tarpaulins, provided that they follow the university policy on
postings [maximum size of streamers: (1m x 3m), 2 pieces per party or
independent candidate].
d) Other campaign materials, such as buttons or pins, provided they are produced
at the minimum cost [maximum size: (6” x 6”) 1000 pieces per party or
independent candidate].

All other forms of election propaganda not provided for in this code shall be made authorized
after the ELECOM has approved it and made due notices to all interested parties or candidates.

Section 2 Removal, Destruction or Defacement of lawful Propaganda Prohibited. It shall be

unlawful for any person, other than the ELECOM representatives, during the campaign period
to remove, destroy, obliterate or in any manner deface or tamper with, or prevent the
distribution of lawful election propaganda.

Section 3 Election Propaganda. Requirements for Published or Printed Election Propaganda shall have
to pass through the ELECOM.

Section 4 Prohibited forms of Election Propaganda. It shall be unlawful to print, publish, post or
distribute any election propaganda urging the voters to vote against any candidate.

Any prohibited election propaganda, gadget, or advertisement shall be stopped, confiscated or

turn down by the representative of the ELECOM upon specific authority of the ELECOM.

Section 5 Rallies, meetings and other political activities. Other than the rally set by the ELECOM, all
other rallies, and political connected activities shall first be approved by the ELECOM, the
DSA and AAO.

Section 6 ELECOM Posting Area. The ELECOM shall have also a designated area in strategic places
in the University for which announcements can be posted.

ARTICLE VII
Registration of Voters

Section 1 List of Voters. Complete list of bona fide College and Graduate students will be obtained at
the Registrar’s Office and shall be considered the Voters Master List.

Section 2 Disqualification. Failure of ID presentation to the poll commissioner shall automatically

disqualify a voter.

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 ARTICLE VIII
Polling Places

Section 1 Polling Places. A polling place is a space where the board of election inspectors conducts its
proceeding and where voters shall cast their votes.

Section 2 Designation of Polling Places. The location of polling place shall be in the University that is
of easy access to the voters.

Section 3 Voting Booth. During the voting in each polling area, there shall be complete list of all bona
fide voters of their respective college. The ELECOM shall post a list containing the names of
the candidates and the position they are running for. Names of the candidates per position shall
be arranged in alphabetical order. The ELECOM shall also post voting procedure during the
whole duration of voting hours. Assistance must be provided by the election inspectors should
a voter needs it.

ARTICLE IX
Method of Election

Section 1 Declaration of the Method of Election. The ELECOM shall either conduct an automated or
manual election, provided they abide with all requirements set by this code and shall duly
notify the student body of the method to be followed before the election.

Section 2 Appeal before the Automated Election. An individual or group of individuals may appeal
for manual election should the ELECOM be incapacitated to hold the automated election. An
appeal may be given to the Supreme Constitutional Court through the Chief Justice not later
than two days after the presentation of the Automated Election Program to the XU community.
Approval/disapproval of appeals shall be done by the members of XU-CSG Supreme
Constitutional Court within two (2) school days after the appeal has been made. The decision
of the justices shall be final and irrevocable.

ARTICLE X
Board of Election Inspectors

Section 1 Composition and Appointment of Board of Election Inspectors. The board of Election
Inspectors shall compose of two (2) duly recognize representatives of each college council to
the chairperson and poll clerks, who must know the election procedures of voter and has their
respective colleges and one (1) ELECOM representative who shall be appointed to assist such
college. Appointment of ELECOM representatives to be chairpersons and poll clerks shall be
made possible provided that the colleges do not have an Election Committee as mandated by
their constitution.

Section 2 Oath of Board of Election Inspectors. The members of the board of election inspectors shall,
before assuming office, take and sign an oath upon forms prepared by the ELECOM, before an
officer authorize to administer the oath or, in his absence, before any other member of the
board of election inspectors present, or in case no one is present they shall take it before any
voter.

Section 3 Qualifications of Members of Board of Election Inspectors. No student shall be chairperson

or member of the board of election inspectors unless he/she is of good moral character, a bona

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 fide voter and has never been mentioned by the Disciplinary Board of Xavier University for
any disciplinary case since his/her previous year of stay in the University.

Section 4 Disqualification. No student shall be appointed chairman or member of the board of election
inspectors if he/she manifests bias for or prejudice/antagonism against any other party. He/she
shall not engage in any partisan political activity.

Section 5 Powers of Board of Election Inspectors. The Board of Election inspectors shall have the
following powers and functions:
a) Conduct the voting and counting of votes in their respective colleges.
b) Act as deputies of the ELECOM in the supervision and control of the election in the
polling places wherein they are assigned, to assure the holding of the same in a free,
orderly and honest manner; and
c) Perform such other functions prescribed by this code or by the rules and regulations
promulgated by the ELECOM.

Section 6 Voting Privileges of the Members of the Board of Election Inspectors. Members of the
board of election inspectors may vote in their polling places where they are assigned on the
Election Day provided that they are registered voters of that college. Members not registered
in that College may vote at their respective voting polls before voting proper begins.

Section 7 Relief and Substitution of Members of the Board of Election Inspectors. There shall be no
relief or substitution of the chairperson or poll clerk assigned to the polling place, unless, a
valid reason such as test and oral reports. The chairperson or the poll clerk may be relieved for
a period of one hour and thirty minutes only. Other than the stated reason, the members who
wish to be relieved because of some other important appointment shall notify the ELECOM at
least before the day of the election.

Section 8 Proceedings of the Board of Election Inspectors. The meetings of the board of election
inspectors shall be public and shall be held only in the polling place authorized by the
commission.

ARTICLE XI
Watchers

Section 1 Official Watcher of Candidates. Every registered political and independent candidate shall
each be entitled to not more than (1) watcher in every polling place. Other watchers are not
allowed within 20 meter radius from the voting area. No person shall be appointed as watcher
unless he/she is a qualified voter.

Section 2 Rights and Duties of Watchers. Upon entering the premises of the voting center the watcher
is requested to submit to the chairperson of their respective voting center his/her appointment
which is duly signed by the independent candidate or party who appointed him/her. The
watchers shall have the privilege to stay at the place designated for them.

The official watchers must be present during the start of the election and also in the sealing of
the ballot box. He/she shall observe the number of votes in the election returns and tally
boards. The watchers shall neither touch the ballots and election returns to the tally board nor
interfere with the proceedings.

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 ARTICLE XII
Official Ballots and Election Returns for Manual Elections

Section 1 Official Ballots. If election is done manually, ballots for all colleges shall be uniform size and
color with serial numbers and must bear the words: “OFFICIAL BALLOTS”.

Section 2 Printing of Official Ballots and Election Returns. The official ballots to be used by all
councils and the XU-CSG must be printed in the same establishment for uniformity.

The Election returns shall be prepared by the ELECOM in sets. Returns will be printed in such
manner that will ensure that the entries are original and shall bear the name of the college in
which the returns are to be used.

Section 3 Distribution of Official Ballots. The official ballots must be distributed by the ELECOM
Chief to each chairperson on the morning, an hour before the voting time.

ARTICLE XIII
Manual Elections Paraphernalia

Section 1 Publication of Certificate of Printing. The ELECOM shall post all XU-CSG bulletin boards
a certificate of printing duly countersigned by the administrator of the printing press where the
ballots were printed.

Section 2 Ballot Boxes. There shall be in each polling place a ballot box at the top of the table. The
ballot boxes shall be uniform and in size and print. The ballot boxes shall also contain the
number of its designated polling place. One box shall be used in a day per council in a
precinct.

Section 3 Tally Boards. Tally Boards shall be used if election is done manually. At the beginning of the
counting of each college, there shall be placed within the plain view of the board of election
inspectors, watchers and public, a tally board where the names of all the registered candidates,
issues or questions to be voted upon shall be written, and the clerk shall record thereon the
votes received by each of them as the chairperson of the board of election inspectors order per
position.

Section 4 Furnishing of Ballot Boxes, Forms, and Materials for Elections. The ELECOM shall
prepare and furnish the ballot boxes, forms and other materials necessary for the holding of the
election and counting of returns.

ARTICLE XIV
Automated Elections Paraphernalia

Section 1 Computers and Printers. If election is computerized, a minimum six (6) computers and a
printer per polling place shall be used during the election. The printer shall only be used for
the printing of election returns.

Section 2 Official Election Software. Only the official election software presented to the XU
community before the election shall be used during the University elections.

ARTICLE XV
Manual Casting of Votes

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Section 1 Voting Hours. For the three days of election, the casting of votes will start at 8 o’clock in the
morning until 12 o’clock noon and will resume at 1 o’clock in the afternoon until 6 o’clock in
the evening. However voters within 5 meter radius from the voting center, who have not yet
voted, shall be allowed to cast their votes.

Section 2 Persons allowed inside the voting place. During the voting hours, no person shall be allowed
inside the polling place except the chairperson, the poll clerk, the ELECOM representative, the
official watchers and voters. The official watcher shall not be allowed in the areas reserved for
the voters and the members of the board of election inspectors nor are they allowed to mingle
or talk with the voters. The candidates are not allowed to stay within 20 meter radius of all
voting polls.

Section 3 Order of voting. The voters shall vote in the order of their arrival to the polling place. They
may cast their votes forthwith, unless there are voters inside, in which they shall fall in line
according to their time of arrival at the polling place and shall not crowd around the table of
the board of election inspectors. The voters having their votes casted shall immediately depart.

Section 4 Manner of Obtaining the Ballots. The voter shall approach the chairperson, give his/her
name and presents his/her ID., before he/she will be given a ballot. Then sign on the
designated space on the List of Voters sheet.

Section 5 Manner of Preparing the Ballots. Upon receipts of the ballot, the voter shall immediately
proceed to one of the chairs and fill out his/her ballot by writing in the proper spaces for each
office name(s) of the candidate(s) or position case of plebiscite or referendum, he/she desires
to vote for and drop it in the ballot box.

Section 6 Voting. After the voter has filled his/her ballot, he/she shall fold it on the same manner as
when he/she received it; return it to the chairperson who shall sign the ballot crossing the
folded area. Then the chairperson will give it back to the voter who in turn shall deposit it
inside the ballot box.

Section 7 Minutes of Oathing and Counting of Votes. The board of election inspectors shall prepare
and assign a statement in two (2) copies setting forth the following:
1. The time the voting commenced and ended;
2. The number of the official ballots used;
3. The number of the official ballots unused;
4. The number of the voters who casted votes;
5. The names of the watchers present and the party they are presenting;
6. The time the counting of votes commenced and ended;
7. The number of valid ballots;
8. The number of spoiled ballots;
9. The number of marked ballots;
10. The number of ballots read and counted;
11. The time the election returns were signed and sealed in their respective envelopes;
12. The number and nature of protests; and
13. Such matters that the ELECOM may require.

Copies of the statement after during accomplished shall be sealed in the designated
envelope, to be delivered to the ELECOM office or room designated for the final count.

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Section 8 Disposition of Unused Ballots at the close of Voting Hours. The chairperson of the board of
election inspectors shall prepare a list signed by all members of the board of election
inspectors, after which all the unused ballots shall be torn halfway in the presence of the
members of the board of election inspectors. The list shall then be attached to the documents
prepared as required by the previous section, herein.

ARTICLE XVI
Automated Casting of Votes

Section 1 Voting Hours. For the three days of election, the casting of votes will start at 8 o’clock in the
morning until 12 o’clock noon and will resume at 1 o’clock in the afternoon until 6 o’clock in
the evening. However voters within 5 meter radius from the voting center, who have not yet
voted, shall be allowed to cast their votes.

Section 2 Persons allowed inside the voting place. During the voting hours, no person shall be allowed
inside the polling place except the chairperson, the poll clerk, the ELECOM representative, the
official watchers and voters. The official watcher shall not be allowed in the areas reserved for
the voters and the members of the board of election inspectors nor are they allowed to mingle
or talk with the voters. The candidates are not allowed to stay within 20 meter radius of all
voting polls.

Section 3 Order of voting. The voters shall vote in the order of their arrival to the polling place. They
may cast their votes forthwith, unless there are voters inside, in which they shall fall in line
according to their time of arrival at the polling place and shall not crowd around the table of
the board of election inspectors. The voters having their votes casted shall immediately depart.

Section 4 Approach to the Chairperson. The voter shall approach the chairperson, presents his/her ID
before proceeding to the computer assigned to him/her.

Section 5 Automated Casting of Votes. The voter shall proceed to one of the computers and shall
follow the instructions provided.

Section 6 Minutes of Oathing and Counting of Votes. The board of election inspectors shall prepare
and assign a statement in two (2) copies setting forth the following:
1. The time the voting commenced and ended;
2. The number of the voters who casted votes;
3. The names of the watchers present and the party they are presenting;
4. The time the counting of votes commenced and ended;
5. The time the election returns were signed and sealed in their respective envelopes;
6. The number and nature of protests; and
7. Such matters that the ELECOM may require copies of the statement after during
accomplished shall be sealed in the designated envelope, to be delivered to the
ELECOM office.

ARTICLE XVII
Counting of Votes if Election is Done Manually

Section 1 Applicability. The sections that follow shall be applied either when election is done manually,
when computerization of election fails or when there are any complaints/appeal against the
computerization of election that is deemed valid by the Supreme Constitutional Court.

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Section 2 Counting to the Public and Without Interruptions. As soon as the voting and other
preparations are duly accomplished, the board of election inspectors shall publicity count, in
the rooms assigned to them by the ELECOM, the votes cast and ascertain the results the board
of election inspectors shall not adjourn or postpone or delay the count unless it has been fully
completed or otherwise ordered by the ELECOM.

Section 3 Excess Ballots. Before the proceedings to count the votes, the board of election inspectors
shall count the ballots in the ballot box without unfolding them or exposing their content,
except so far as to certain that each ballot is single, and compare the number of ballots in the
box with the number of voters who have voted. If there are excess ballots, they shall be
returned in the box, and mixed thoroughly with the remaining ballots, and then the
chairperson without looking at the box shall pick the equal number of excess: ballots and shall
mark it: “excess” and shall be stapled, together for the later disposition, in front of the public.

Section 4 Marked or Spoiled Ballots. If the board of election inspectors during the counting find and
ascertain that the ballots are either marked or spoiled. The ballots shall be labeled as either
“MARKED” or “SPOILED” and shall be recorded on the tally sheet and election returns as
such. The marked or spoiled ballots shall then be put inside for later disposition.

Section 5 Manner of Counting Votes. The counting of votes shall be made in the following manner.
The board of election inspectors shall unfold the ballots one by one and check it for validation.
After every ballot is determined whether it is valid, spoiled or marked, the chairperson of the
board of election shall take the ballots one by one and read the names of the candidates voted
for and the office for which they were voted in order in which they appear. The chairperson
shall sign in front of the ballot after it is counted. The poll clerk and the ELECOM
representative, respective, shall record on the election returns and the tally board/sheet each
vote has the names for each are read. Each vote shall be recorded by a vertical line. Every fifth
vote shall be recorded by a diagonal line crossing the four (4) vertical lines. Each box Found
on the tally board/sheet and election returns contain only five (5) lines. After all the ballots
have been read the board of election inspectors shall determine the total number of votes
recorded for each candidate, the sum being noted on the tally board/sheet and election returns.
In case of discrepancy such recount necessary shall be made. The ballots shall then be placed
back inside the ballot box and sealed. The tally board/sheets as accomplished and certified by
the board of election inspectors shall not be changed or destroyed but shall be kept together
with the election returns and other documents.

Section 6 Rules and Appreciation of Ballots. In the reading and appreciation of ballots, every ballot
shall be assumed valid unless there is clear and good reason to justify its rejection. The board
of election inspectors shall observe the following rules bearing in mind that the object of the
election is to obtain the expression of the voters will:
Where only the first name of the candidate or only his/her last name is written, the vote for
such candidate is valid, if there is no other candidate with the same first name or surname for
the office;
Read sound similar to the surname of another candidate, the vote shall be counted in favor of
the candidate with such surname;
When the ballot is written a single word which is at the same time surname of the candidate,
the vote shall be counted under that candidate; A name or surname incorrectly written which
when heard a sound similar to the name or surname of a candidate when incorrectly written
shall be counted on his/her favor.
When two words in the ballot, one of which the first of a candidate and the other of another
candidate, the vote shall not be counted for either; when the name of a candidate appears on

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 the space of a ballot for an office for which he/she is a candidate and for the vote for office for
which he/she is not a candidate shall be considered as stray;
There shall be no block voting;
When a space in a ballot, there appears a name of a candidate that is erased and another clearly
written, the vote shall be to the latter; the erroneous initials of the middle name which
accompanies the surname of the candidate shall not annul the vote;
Ballots which contain prefixes such as “Sr.”, “Ms.”, “Datu”, “Ginoo”, “Hon.”, “Gov.”, or
suffixes like “Hijo”, “Jr.” , or “Segundo” are valid;
The use of nicknames and affiliations of the affection and friendship, if accompanied by the
first name or the surname of the candidate does not annul such vote, except when they are used
as a means to identify the voter, in which case the whole ballot is unaccompanied by the name
or surname of the candidate and it is one by which he/she is generally or popularly known in
the locality, the name shall be counted in his/her favor, only if there is no other candidate for
the same office with the same nicknames;
Any vote containing initials only written is eligible or which does not sufficiently identify the
candidate for whom it is not intended shall be considered as a stray vote but shall not
invalidate the whole ballot;
If on the ballot is correctly written the first name of a candidate but which the surname or the
surname of the candidate is correctly written but with different first name, the vote shall be
counted in favor of any candidate having such first name or surname, but the ballot shall be
considered valid for the other candidates.
Any ballot written with crayon, lead pencil or ink wholly or in part shall be valid; where there
are two or more candidates voted for in office or which the law authorizes the election of only
one, the vote shall be counted in favor in any of them but this shall not affect the validity of
the votes therein;
If the candidates voted for exceed the number of those to be elected, the ballot is valid but
votes shall be counted in favor of a candidate whose names were firstly written by the voter
within the spaces provided for the office in the ballot until the authorized number is covered.
Any vote in favor of a person who has not filed a certificate of candidacy or in favor of a
candidate for an office for which he/she did not present himself/herself shall be considered a
stray vote, but does not invalidate the whole ballot. Any ballot containing the names of a
candidate printed and posted on a blank space of the considered as signs to indicate his
distance form voting and shall invalidate the ballot, unless it should appear clearly that they
have been deliberately placed by the voter serve as identification marks, comma, dots, lines, or
hyphens between the first name and the surname of a candidate or in other similar ballots;
Choices of the letter “T”, “J”, and other similar ones, the first letter of the syllables of names
which voter does not continue, the use of two or more kinds or writing as unintentional or
accidental flourishes, stroke or strains shall not validate the vote;
The accidental tearing or perforation of the ballot does not annul such vote;
Any ballot in which only the party is written shall be considerate null and void, except the
names in the offices filled in properly.

Section 7 Election Returns. The board of election inspectors shall prepare the election returns
simultaneously with the counting of the votes as prescribed in Section 4 thereof. The returns
shall be prepared in duplicate. The recording of votes shall be made as prescribed in said
section. The board of election inspectors shall sign immediately after the name of the
candidate who did not receive any vote; the returns shall also show the date of election,
plebiscite, or referendum, the polling place, the total number of excess ballots, the total
number of marked or void ballots, and the total number of votes obtained by each candidate.
The returns shall be accomplished in a single sheet, but if not possible, additional sheets may
be used which shall be prepared in the same manner at the first sheet and likewise certified by

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 the board of election inspectors. Immediately upon accomplishment of the election returns,
shall be sealed in the presence of the public and shall be delivered to the ELECOM. If the
signatures of the members of the board of election inspectors are missing in the election
returns, the ELECOM may summon the members of the board of election inspectors
concerned to complete the returns.

Section 8 Proclamation of the Result of the Election in the Polling Place. Upon the completion of the
election returns, the chairperson of the board of election inspectors shall orally and publicly
announce the total number of votes received in the polling place by each and every candidate,
stating their corresponding office, or in the case of plebiscite or referendum, the position the
total number of votes counted.

Section 9 Delivery of voting records, ballot boxes to the office of the Electoral Commission. The
board of election inspectors, as a group, shall deliver the election returns, the ballot box, and
other documents to the ELECOM. Those will be checked and the results will be recorded on
the tally boards/sheet known as “SUMMARY OF RESULTS.” A copy of the election returns
shall be given to the respective College Board of Election Inspectors chairperson.

Section 10 Election Resulting in Tie. Whenever it shall appear the result that two or more candidates
have received equal highest number of votes, the incumbent CSG (President, Vice-President
and Directorate) shall hold a secret balloting immediately after a quorum shall be performed.
The quorum shall compose of at least seven (7) members of the CSG. A simple majority of
votes will decide on the winning candidate(s), the ELECOM shall promptly make a certificate
stating the name of the candidate favored by the tie breaking votes. Results of which shall also
be noted and signed by the ELECOM representatives and commissioner.

Section 11 Preservation and Disposition of Election Returns. All used and unused ballots, tally
boards/sheets will be disposed off a month after the declaration of winners. But the election
returns and other documents shall be kept as ELECOM files/record for election, plebiscite or
referendum, as the case may be.

ARTICLE XVIII
Canvassing of Votes in an Automated Election

Section 1 Applicability. This article shall be applied if the ELECOM, with due presentation to the XU
community holds the automation of the campus election.

Section 2 Manner of Preparing the Election Results and Returns of the Polling Place. The board of
election inspectors shall prepare the election returns as soon as the voting ended.
The returns of election in the polling place shall be printed in duplicate. The board of election
inspectors shall sign immediately the two copies furnished.
The returns shall also show the date of the election, plebiscite of referendum, the polling place,
and the total number of votes obtained by each candidate. The returns shall be accomplished in
a single sheet, but if not possible, additional sheets may be used which shall be prepared in the
same manner at the first sheet and likewise certified by the board of election inspectors.
Immediately upon the accomplishment of the election returns, it shall be sealed with the
presence of the watchers and shall be delivered to the ELECOM.

Section 3 Proclamation of the Results, Election Returns and Ballot Boxes of the Polling Place to the
Office of the Electoral Commission. As soon as the casting of votes is done, an unofficial
result may be posted on designated areas. The board of election inspectors, as a group, shall

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 deliver the election returns, the ballot boxes, and other documents to the ELECOM as
“SUMMARY OF RESULTS”. A copy of the election return shall be given to the respective
College Board of Election Inspectors chairperson.

Section 4 Election Resulting in Tie. In case of Election resulting in tie, the provision found in Article
XVII Section 10 shall be followed.

Section 5 Preservation and Disposition of Election Returns. The election returns and other documents
shall be kept as ELECOM files/record for election plebiscite or referendum, as the case may
be.

Section 6 Appeal to Recount the Votes in the Automated Election. An individual or group of
individuals may submit an appeal of recount to the chief justice of the Supreme Constitutional
Court that will approve without credibility the automation of election, within 24 hours after the
votes are canvassed.
A copy of the database immediately secured by the ELECOM of after the election will be
audited if in case of appeal to recount the votes in automated election be granted by the
Supreme Constitutional Court.

ARTICLE XIX
Elections Contest

Section 1 Jurisdiction of the Commission. The ELECOM shall be the sole charge of all contests
relating to the elections. However, in the case of plebiscite or referenda, an appeal may be
passed to the Supreme Constitutional Court, after the declaration of the results.

Section 2 Procedure in Election Contests. All protest regarding the election, plebiscite or referendum
shall be filed to the ELECOM within twenty-four (24) hours after the last ballot has been
counted. All protests shall be signed by the petitioner in triplicate and must be submitted to the
chairperson of the college to which the concerned candidate or political party shall be filed to
the ELECOM commissioner.

Section 3 Decision in the Commission. The ELECOM has one (1) week to settle the protest(s) the
decision of the ELECOM shall be final and irrevocable.

Section 4 Notice of Decision. Notice of decision shall be made public through a document signed by the
corresponding members of the board of election inspectors and the ELECOM commissioner.
A copy of the document will be given to the petitioner, and the Board of Election Inspectors
filed upon.

ARTICLE XX
Transitory Provision

Section 1 Requirements for approval of this Election Code. Enacted and approved by a simple
majority of the members of the Directorate sitting en banc, and of the CSG President.

Section 2 Amendments and revisions. Amendments and revisions shall require the approval or non-
approval of a simple majority of votes from the members of the Directorate sitting en banc to
make amendments or revisions on any provision of this Code. And it shall also require a
simple majority of votes from the directorates sitting en banc vote to approve or disapprove

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 the proposed amendment(s) or revision(s). The XU-CSG President shall then approve or vote
the directorate’s decision.

Section 3 Integration. Integration of the Electoral Process Provision of the Council’s Constitution shall
be channeled to the XU-CSG Election Code. Refer to Article X Section 1 of this code with
regards to this council and executive ELECOM working relations.

Section 4 Separability Clause. If for any reason any section or provision of this code, to any person,
group or circumstances is declared invalid or unconstitutional, the remainder of the Code or
the application of such section, provision or portion thereof to other persons, groups, or
circumstances shall not be affected by such declaration.

Section 5 Repealing Clause. All laws, decrees, orders, rules of parts thereof inconsistent herewith are
hereby repealed.

Section 6 Effectivity Clause. This code shall take effect immediately upon the enactment of the
directorates and approval of CSG President.

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