Better Voting Accessibility for Seniors, Pwds, Pregnant Women, and Ips Act

Senate Offite of the Berretup TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 26 JAN 27 P1:57 SENATE RECEIVED BY: 1698 S. No. - Introduced by Senator MARK 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 OR "AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO ESTABLISH PRECINCTS ASSIGNED TO ACCESSIBLE POLLING PLACES EXCLUSIVELY FOR PERSONS WITH DISABILITIES AND SENIOR CITIZENS", AND DISACZETTES PROVIDING FUNDS THEREFOR EXPLANATORY NOTE The right of suffrage is a fundamental pillar of a democratic society, which under Article V, Section 1 of the 1987 Philippine Constitution, may be exercised by all citizens of the Philippines not otherwise disqualified by law. However, despite being legally qualified, many citizens-particularly senior citizens, persons with disabilities (PWDs), pregnant women, and members of indigenous cultural communities-face disproportionate challenges in exercising their right to vote due to physical, logistical, and geographic barriers. Thus, this bill seeks to amend Republic Act No. 10366 by providing mechanisms to make polling places readily available to PWDs, pregnant women, and indigenous people. If this bill is enacted into law, it will require polling places, among others, 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 these individuals to provide them with sufficient time to exercise their rights during election time. Immediate passage of this bill, therefore, is earnestly sought. MARK A. VILLAR RDC

Sellate Offite of the fortretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 26 JAN 27 P1:57 SENATE RECEIVED BY S. No. 1698 Introduced by Senator MARK 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 OR "AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO ESTABLISH PRECINCTS ASSIGNED TO ACCESSIBLE POLLING PLACES EXCLUSIVELY FOR PERSONS WITH DISABILITIES AND SENIOR CITIZENS", AND PROVIDING FUNDS THEREFOR Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Better Voting

2 Accessibility for Seniors, PWDs, Pregnant Women, and IPs Act".

Sec. 2. Declaration of Policy. - It hereby declared a policy of the State to ensure

that senior citizens, persons with disabilities (PWDs), pregnant women, and 5 indigenous peoples (IPs) are able to exercise their right to political participation 6 without restrictions. The State shall devise systems and procedures that will enhance 7 accessibility in their voting process.

Sec. 3. 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 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 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 trimesters. (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

1 wheelchairs, ramps, railings, sidewalk, adequate lighting, ventilation, and other features for the senior citizens, PWDs, and pregnant women. Aside from structural 3 accessibility the Commission shall provide live assistance for PWDs such as sign language interpreters. There shall be a nationwide registration of senior citizens, PWDs, pregnant women, and IPs who may wish to avail of their early voting privileges 6 to qualify them for early voting. Only those who are not registered under the early 7 voting system shall vote on election day.

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

9 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

15 Commission shall designate a room or a makeshift or temporary polling place established at the grounds 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 Commission shall provide live assistance for PWDs such as sign language interpreters.

Sec. 7. Section 2(j) of Republic Act No. 10366 is hereby amended to read as

follows: "Sec. 2. Definition of Terms, - xxx (a) xxx (i) Accessible polling piece refers to the venue where the Board of Election Inspectors (BEIs) 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. 14 - 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 [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 government agencies, non-governmental organizations, and civil society organizations.

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

2 of this Act shall be charged against the current appropriations of the Commission. 3 Thereafter, the amount necessary for the continued implementation of this Act shall 4 be included in the annual General Appropriations Act.

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

6 unconstitutional, the other provisions hereof which are not affected thereby shall 7 continue to be in full force and effect.

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

instructions, proclamations, rules and regulations, or parts thereof inconsistent with this Act shall be deemed notified, amended, or repealed accordingly.

Sec. 13. Effectivity Clause. -This Act shall take effect fifteen (15) days after 10

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