Voter Accessibility Act

senate TWENTIETH CONGRESS OF THE Office of the Secretary REPUBLIC OF THE PHILIPPINES First Regular Session ) 25 NOV 12 A11 :23 SENATE RECEIVED BY: S. No. 1505 Introduced by SENATOR CAMILLE A. VILLAR AN ACT ENHANCING ACCESSIBILITY IN THE VOTING OF SENIOR CITIZENS, PERSONS WITH DISABILITIES, PREGNANT WOMEN, AND INDIGENOUS PEOPLES, AMENDING FOR THE PURPOSE REPUBLIC ACT 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", AND APPROPRIATING FUNDS THEREFOR EXPLANATORY NOTE The right of suffrage is enshrined in our Constitution. It can be exercised by all citizens of the Philippines not otherwise disqualified by law. Unfortunately, not all those qualified and willing are able to exercise their right, not by reason of disqualification but due to incapacity brought by their physical condition such as persons with disabilities (PWDs) and pregnant women. There are also people who are unable to exercise their right to vote because of the distance of polling precincts from their respective homes, particularly those experienced by members of the indigenous community. This bill seeks to amend Republic Act No. 10366 by providing a mechanism to make polling places easily accessible to PWDs, pregnant women and indigenous peoples. It will require polling place to be placed in areas where there will be accessible public transportation, and access for wheelchairs, ramps, railings, sidewalks to assist PWDs. An early voting system is also proposed for said persons in order to provide them sufficient time to exercise their rights during election time. Senior citizens, PWDs,

pregnant women, and IPs who registered for early voting shall likewise have the option to cast their ballot via post in designated precincts. In view of the foregoing, the approval of this measure is urgently sought. Camillas reia CAMILLE A. VILLAR

Senate Offire of the greetary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 NOV 12 A11 :23 SENATE RECEIVED BY: S. No. 1505 Introduced by SENATOR CAMILLE A. VILLAR AN ACT ENHANCING ACCESSIBILITY IN THE VOTING OF SENIOR CITIZENS, PERSONS WITH DISABILITIES, PREGNANT WOMEN, AND INDIGENOUS PEOPLES, AMENDING FOR THE PURPOSE REPUBLIC ACT 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", AND APPROPRIATING FUNDS THEREFOR Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled: ]

Section 1. Short Title. - This Act shall be known as the "Voter Accessibility Act".

Sec 2. Declaration of Policy. - The State shall ensure that senior citizens,

3 persons with disabilities (PWDs), pregnant women, and indigenous peoples (IPs) are 4 able to exercise their right to political participation without restrictions. The State shall 5 devise systems and procedures that will enhance the accessibility in their voting 6 process.

Sec. 3. Definition of Terms. - As used in this Act, the term:

(a) Commission - refer 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 the 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 the society on an equal basis with others.

(d) Pregnant Women - refer to qualified voters who are pregnant at the time of the period of early voting and during election day regardless of the number of tri-mester. (e) Indigenous peoples - refer to qualified voters who belong to a group of people or homogenous societies identified by self-ascription and ascription by others, who have continuously lived as organized community and 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 culture, became historically differentiated from the majority of Filipinos. IPs shall likewise include peoples 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 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.

Sec. 4. Early Voting. - For national and local elections, there shall be early

voting where senior citizens, PWDs, pregnant women, and IPs qualified to vote early may choose to cast their ballot for a period of not less than two (2) days within thirty (30) calendar days before election day at accessible establishments designated by the Commission. For this purpose, accessible establishments shall be located at the ground floor, preferably near the entrance of the building, shall be readily accessible to public transportation, and shall be free of any physical barriers and provided with necessary infrastructure and disability support services, including assistive devices, transport wheelchairs, ramps, railings, sidewalk, adequate lighting, ventilation, and other features for the senior citizens, PWDs, IPs and pregnant women. Aside from structural accessibility, the Commission shall provide live assistance for PWDs such as sign

1 language interpreters. There shall be a nationwide registration of senior citizens, 2 PWDs, pregnant women, and IPs who may wish to avail of their early voting privileges 3 to qualify them for early voting. Only those who are not registered under the early voting system shall vote on election day.

Sec. 5. Option for Postal Early Voting. - Senior citizens, PWDs, pregnant

6 women, and IPs who registered for early voting shall have the option to cast their ballot via post in designated precincts: Provided, That, voters who wish to vote via post must first be registered to do so with the Commission. The Commission shall provide rules, necessary safeguards, and confirmation procedures to properly implement this provision.

Sec. 6. Emergency Accessible Polling Places (EAPP). - During election day, the

12 Commission shall designate a room or a makeshift or temporary polling place establish at the ground of a voting center or outside of it but in close proximity thereto, where senior citizens, PWDs, pregnant women or IP voters may vote on election day. The Commission shall ensure that the voting machine in the event of automated elections, are adequate, appropriate, accessible, and easy to understand and use, and that reasonable accommodation shall be granted to PWDs, senior citizens, pregnant women and IPs in order that they may fully exercise their right of suffrage. The 19 Commission shall provide live assistance for PWDs such as sign language interpreters.

Sec. 7. Section 20) of Republic Act No. 10366 is hereby amended to read as

follows: "Sec. 2. Definition of Terms, - xxx (a) xxx (j) Accessible polling place refers to the venue where the Board of Election Inspectors (BEls) 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, SHALL BE READILY ACCESSIBLE TO PUBLIC TRANSPORTATION, and [is] SHALL BE free of any physical barriers and provided with necessary INFRASTRUCTURE AND services, including assistive devices, TRANSPORT WHEELCHAIRS, RAMPS, RAILINGS, SIDEWALKS,

ADEQUATE LIGHTING, VENTILATION, AND OTHER FEATURES FOR PERSONS WITH DISABILITIES, SENIOR CITIZENS, PREGNANT WOMEN AND INDIGENOUS PEOPLES."

Sec. 8. Section 9 of the Republic Act No. 10366 is hereby amended to read as

follows: "SEC. 9. [Creation of] Precincts for Persons with Disabilities, [and] Senior Citizens, PREGNANT WOMEN AND INDIGENOUS PEOPLES. - The Commission is hereby authorized to [establish] DESIGNATE precincts [of a non territorial nature, IN ACCESSIBLE POLLING PLACES FOR THE exclusive [ly for] USE OF persons with disabilities, [and] senior citizens, PREGNANT WOMEN AND INDIGENOUS PEOPLES [who in their registration records manifest their intent to avail of their right to a separate precinct under this section. Pursuant thereto, the Commission shall establish at least one (1) such precinct assigned to accessible polling places for every voting center.], SUCH AS IN PUBLIC SCHOOLS, TOWN HALLS OR PLAZAS, CIVIC CENTERS, COMMUNITY CENTERS, OR OTHER SIMILARLY DESIGNATED SPECIAL VENUES OR AREAS, WITH PREFERENCE FOR VENUES OR AREAS, WITH PREFERENCE FOR VENUES DESIGNED WITH SPECIAL FEATURES TO ENSURE THEIR SAFETY AND COMFORT. Such precincts shall be provided with assistive devices PURSUANT TO THE PROVISIONS OF SECTION 2(J) OF THIS ACT as well the services of experts in assisting persons with disabilities, SUCH AS SIGN LANGUAGE INTERPRETERS.

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

approval of this Act, the Commission shall, in consultation with other relevant

1 government agencies, non-governmental organizations, and civil society 2 organizations, promulgate the rules and regulations necessary to implement this Act.

Sec. 10. Appropriations. - The initial appropriation to carry out the provisions

5 of this Act shall be charged against the current appropriations of the Commission. 6 Thereafter, the amount necessary for the continued implementation of this Act shall 7 be included in the annual General Appropriations Act.

Sec. 11. Separability Clause. - If any provision of this Act is declared invalid or

9 unconstitutional, the provisions not affected thereby shall remain in full force and 10 effect.

Sec. 12. Repealing Clause. - All laws, presidential decrees, executive orders,

presidential proclamation, rules and regulations or parts thereof contrary to or inconsistent with this Act are hereby repealed or modified accordingly.

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,