Alternative Modes of Voting for Persons in Vulnerable Situations

Senate Difice of the Secretary TWENTIETH CONGRESS OF THE ] REPUBLIC OF THE PHILIPPINES First Regular Session ] AUG -7 P2.51 SENATE RECEIVED BY: S.B. No. 1102 Introduced by SEN. WIN GATCHALIAN AN ACT PROVIDING ALTERNATIVE MODES OF VOTING FOR PERSONS IN VULNERABLE SITUATIONS TO EXERCISE THEIR RIGHT OF SUFFRAGE, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 10366, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE The right to vote is a key part of democracy as enshrined in the 1987 Philippine Constitution. However, many Filipinos in vulnerable situations, such as senior citizens, pregnant women, persons with disabilities, indigenous peoples, and persons deprived of liberty still face difficulties in exercising this right because of barriers in the voting process. The Commission on Election's Vulnerable Sectors Office has observed several accessibility gaps during the recently concluded National and Local Elections held on May 12, 2025. These accessibility gaps included, among others, lack of medical aids in some polling precincts, difficulty locating names on the voter's list, no adequate

water stations, accessible rest rooms, and availability of facilities and equipment to help those with mobility issues. I Republic Act (RA) No. 10366, otherwise known as "An Act Authorizing the Commission on Elections to Establish Precincts Assigned to Accessible Polling Places Exclusively for Persons with Disabilities and Senior Citizens", mandates the Commission to establish designated accessible polling places for senior citizens and persons with disabilities, allowing them to exercise their right to political participation without discrimination or restrictions. This bill also seeks to amend RA 10366 by institutionalizing alternative modes of voting, such as early voting, postal or mail in voting, designate accessible precincts, and such other places to ensure an efficient and expeditious voting process for vulnerable sectors, including senior citizens, pregnant women, person with disabilities, indigenous people, internally displaced persons, and persons deprived of liberty. In view of the foregoing considerations, the urgent passage of this measure is earnestly sought. ^ Lau Bacia, DSWD cites snags, gains in voting process for seniors, PWDs, INQUIRER, at https://newsinfo.inquirer.net/2072460/dswd-cites-snags-and-gains-in-voting-process-for-seniors-pwes (last visited July 8, 2025).

+ Senate Pilice of the fociretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES AUG -7 P2 51 ] First Regular Session RECEIVED BY: SENATE 1102 S. B. No. _ Introduced by SEN. WIN GATCHALIAN AN ACT PROVIDING ALTERNATIVE MODES OF VOTING FOR PERSONS IN VULNERABLE SITUATIONS TO EXERCISE THEIR RIGHT OF SUFFRAGE, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 10366, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Declaration of Policy. - The State shall ensure that senior

2 citizens, persons with disabilities (PWDs), pregnant women, and indigenous peoples (IPs), internally displaced persons (IDPs), persons deprived of liberty 4 (PDLs), and in special circumstances, health workers, quarantined and hospitalized persons, repatriated overseas voters, migrant workers, and 6 Overseas Filipino Workers (OFWs) in distress, are able to exercise their right to political participation without restrictions. The State shall devise systems and procedures that will enhance accessibility in their voting process.

SEC. 2. Definition of Terms. - As used in this Act, the term:

(a) Commission refers to the Commission on Elections; (b) Senior citizens refer to qualified voters who are sixty (60) years or older. (c) Persons with disabilities or PWDs refer to qualified voters who have long-term physical, mental, intellectual, or sensory impairments which, in

interaction with various barriers, may hinder their full and effective participation in society on an equal basis with others. (d) Pregnant women refer to qualified voters who are pregnant during 4 election day regardless of the number of trimester of pregnancy. For purposes 5 of local absentee voting, the term shall refer to qualified voters who are pregnant at the time of registration for absentee voting and are expected to 7 remain pregnant during the period of absentee voting. (e) Indigenous peoples refer to qualified voters who belong to a group 9 of people or homogenous societies identified by self-ascription and ascription 10 by others, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed and utilized such territories, sharing common bonds of language, customs, traditions and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non-indigenous religions and cultures, became historically differentiated from the majority of Filipinos. IPs shall likewise include people who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the time of conquest or colonization, or at the time of inroads of non-indigenous religions and cultures, or the establishment of present state boundaries, who retain some or all of their own social, economic, cultural and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains. (f) Internally displaced person refers to a qualified voter who has been forced or obliged to flee or leave one's home or place of habitual residence within the national borders as a result of, or in order to avoid or minimize, the effects of armed conflict, situations of generalized and/or organized violence, violators of human rights, implementation of development projects, or natural and human-induced or human-made hazards or disasters. (g) Person deprived of liberty refers to a qualified voter, who is a detainee, inmate, prisoner, or person under confinement or custody in any other manner.

(h) Health workers shall mean qualified voters who engaged in health- related work, and all persons employed in all hospitals, sanitaria, health infirmaries, health centers, rural health stations, clinics, and other health- related establishments owned and operated by the government or its political subdivisions which original charters and shall include medical, allied health 6 professional, administrative and support personnel, regardless of their 7 employment status. (i) Repatriated overseas voter refers to a citizen of the Philippines 9 registered and allowed to vote under Republic Act No. 9199, as amended, but was repatriated due to special circumstances such as armed conflict, issues in international relations, state of emergency or calamity, or any other analogous circumstance beyond the control or fault of the voter.

SEC. 3. Local Absentee Voting. - The Commission shall extend the right

to vote under the Local Absentee Voting System to senior citizens, PWDS, pregnant women, and IDPs qualified to vote, as provided in existing laws and executive orders. They may cast their ballot at accessible establishments designated by the Commission, for a period of not less than two (2) days within seven (7) calendar days before the election. In the event of a public health emergency, health workers on official duty and quarantined and hospitalized persons qualified to vote may avail of the right to Local Absentee Voting. A repatriated overseas voter may avail of the right to Local Absentee Voting only if such voter's repatriation was due to special circumstances such as armed conflict, issues in international relations, state of emergency or calamity, or any other analogous circumstances beyond the control or fault of the voter. The Commission shall designate accessible polling places, defined under

Section 2(j) of Republic Act No. 10366, as amended, for senior citizens, PWDs,

and pregnant women. There shall be nationwide registration of senior citizens, PWDs, pregnant women, IDPs, and in special circumstances, health workers, quarantined and

1 hospitalized persons, and repatriated overseas voters, who wish to avail of the 2 Local Absentee Voting. Those who are not registered under the Local Absentee 3 Voting system shall be allowed to vote on election day.

SEC. 4. Emergency Accessible Polling Places (EAPP). - During election

day, the Commission shall designate rooms or makeshift or temporary polling 7 places at residence for senior citizens; jails, prison facilities or detention 8 centers; quarantine and hospital facilities; areas with a substantial number of 9 IDPs; remote areas; and in such other places as may be necessary to ensure an efficient and expeditious voting process for senior citizens, PWDs, pregnant women, IDPs, PDLs, IPs, and in special circumstances, health care workers on duty and qualifies repatriated overseas voters. The Commission shall ensure that, as far as practicable and necessary, the EAPPs shall have the same features and offer the same assistive services found in Accessible Polling Places, defined under Section 2(j) of Republic Act No. 10366, as amended, and that the voting procedure in the EAPPs, including the facilities and materials, is adequate, appropriate, accessible, easy to understand and use, and that reasonable accommodation shall be granted to the persons named in the preceding paragraph to ensure the full exercise of their right of suffrage.

SEC. 5. Section 2(j) of Republic Act No. 10366 is hereby amended to

read as follows: "SEC. 2. Definition of Terms. - xxx (a) xxx. XXX (i) Accessible polling place refers to the venue where the [Board of Election Inspectors (BEIs)] ELECTORAL BOARD conducts election- related proceedings and where the voters cast their votes. The accessible polling place shall be located at the ground floor, preferably near the entrance of the building, [and is] READILY ACCESSIBLE TO PUBLIC TRANSPORTAION, free of any physical

barriers and provided with [necessary services, including assistive devices} NECESSARY INFRASTRUCTURE INCLUDING ASSISTIVE DEVICES, TRANSPORT WHEELCHAIRS, RAMPS, RAILINGS, SIDEWALKS, ADEQUATE LIGHTING, VENTILATION, SUFFICIENT SIGNAGE AND DIRECTIONAL SIGNS, LISTS OF CANDIDATES TRANSCRIBED IN BRAILLE, AND OTHER FEATURES FOR PWDS, PREGNANT WOMEN, AND SENIOR CITIZENS, AS WELL AS SUPPORT SERVICES OF EXPERTS IN ASSISTING PERSONS WITH DISABILITIES SUCH AS SIGN LANGUAGE INTERPRETERS. ACCESSIBLE POLLING PLACES SHALL BE LOCATED IN PUBLIC SCHOOLS, TOWN HALLS OR PLAZAS, CIVIC CENTERS, COMMUNITY CENTERS, OR OTHER SIMILARLY DESIGNATED VENUES. IN DESIGNATING THE ACCESSIBLE POLLING PLACES, THE COMMISSION SHALL GIVE PREFERENCE TO VENUES DESIGNED WITH SPECIAL FEATURES TO ENSURE THE SAFETY AND COMFORT OF SENIOR CITIZENS, PREGNANT WOMEN, AND PERSONS WITH DISABILITIES."

SEC. 6. Section 9 of Republic Act No. 10366 is hereby deleted and a new

Section 9 shall be inserted to read as follows:

'SEC. 9. DESIGNATION OF ACCESSIBLE POLLING PLACES FOR SENIOR CITIZENS, PWDS, AND PREGNANT WOMEN. - THE COMMISSION SHALL DESIGNATE AND ESTABLISH ACCESSIBE POLLING PLACES IN EVERY VOTING CENTER FOR THE EXCLUSIVE USE OF PWDS, SENIOR CITIZENS, AND PREGNANT WOMEN IN SUCH NUMBER AS MAY BE SUFFICIENT TO ENSURE AN EXPEDIENT, SAFE, AND COMFORTABLE VOTING PROCESS. NO PRIOR MANIFESTATION SHALL BE REQUIRED FOR THE PERSONS MENTIONED HEREIN TO AVAIL OF THE RIGHT TO VOTE IN ACCESSIBLE POLLING PLACES."

SEC. 7. Provision for Transportation/Shuttle Service. - The Commission

shall provide a system of transportation/shuttle services for the senior citizens, PWDs, pregnant women, IPs, and IDPs during the period of Local Absentee Voting under this Act and during election day to ensure that these sectors have means of transportation to and from the polling places.

SEC. 8. Establishment of Vulnerable Sectors Office (VSO) Under the

Commission. - The Commission is hereby authorized to establish a VSO tasked specifically to oversee and supervise the effective implementation of this Act: Provided, That its Secretariat shall come from the existing Secretariat personnel of the Commission.

SEC. 9. Implementing Rules and Regulations. - Within ninety (90) days

from the effectivity of this Act, the Commission shall, in consultation with other relevant government agencies, non-governmental organizations, and civil society organizations, promulgate the rules and regulations necessary to implement this Act.

SEC. 10. Appropriations. - The initial amount for the implementation of

this Act shall be charged against the available appropriations of the Commission. Thereafter, the amount necessary for its continuous implementation shall be included in the annual General Appropriations Act.

SEC. 11. Separability Clause. - If any provision of this Act is declared

invalid or unconstitutional, the remaining parts or provisions hereof not affected thereby shall remain in full force and effect.

SEC. 12. Separability Clause. - If any provision of this Act is declared

invalid or unconstitutional, the remaining parts or provisions hereof not affected thereby shall remain in full force and effect.

SEC. 13. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation. Approved,