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[ Act No. 1582, January 09, 1907 ]
AN ACT TO PROVIDE FOR THE HOLDING OF ELECTIONS IN THE PHILIPPINE ISLANDS, FOR THE ORGANIZATION OF THE PHILIPPINE ASSEMBLY, AND FOR OTHER PURPOSES.
By authority of the United States, be it enacted by the Philippine Commission, that:
SECTION 1. Short title.—This Act shall be known as the Election Law.
SEC. 2. Definitions and general provisions.—Terms used in this Act and Acts amendatory thereof and supplementary thereto shall have the meaning and be construed as follows, unless some other meaning is plainly apparent from the language or context, or unless such construction is inconsistent with the manifest intent of the legislators:
Subsequent elections for such Delegates shall be held on the first Tuesday after the first Monday in November of nineteen hundred and nine and of each odd-numbered year thereafter, and the Delegates elected at such election shall fake office upon the first day of January next following such election and shall hold office for two; years or until their successors are elected and qualified.
In all the municipalities in the provinces entitled to elect governors, an election for provincial governor and third member of the provincial board shall be held on the first Tuesday after the first Monday in November of nineteen hundred and seven, and upon the first Tuesday after the first Monday in November of each odd-numbered year thereafter. The provincial governors and third members elected at the elections in nineteen hundred and seven shall hold office from the first Monday in March, nineteen hundred and eight, until and including the thirty-first day of December, nineteen hundred and nine, or until their successors shall have been duly elected and qualified for office, and provincial governors and third members thereafter elected shall take office on the first of January next succeeding their election.
In all municipalities of the Philippine Islands an election shall be held on the first Tuesday after the first Monday of November and of nineteen hundred and seven, to elect municipal presidents and vice-presidents. The officers then elected shall take office on the first Monday of January following their election and shall hold office until the first day of January, nineteen hundred and ten, or until their successors are elected or appointed and qualified. Elections for municipal president and vice-president shall he held on t the first Tuesday after the first Monday of November of each odd numbered year thereafter and the officers elected shall take office on the first of January following their election and shall serve for two years or until their successors are elected or appointed and qualified.
In all the municipalities of the Philippine Islands an election for councilors shall he held on the first Tuesday after the first Monday in November of nineteen hundred and seven to elect successors to those councilors whose terms of office as fixed by law expire on the first Monday of January, nineteen hundred and eight. The councilors elected at such election shall take office on the first Monday of January, nineteen hundred and eight, and shall hold office until the first day of January, nineteen hundred and twelve, and until their successor are elected or appointed and qualified. An election shall beheld on the first Tuesday after the first Monday in November of nineteen hundred and eleven and of every fourth year thereafter to elect the successors of said councilors, and the persons elected at such elections shall take office on the first day of January following their election and shall hold office for four years and until their successors are elected or appointed and qualified.
Those municipal councilors elected in nineteen hundred and six for two years under the provisions of Act Numbered Eighty-two shall hold office until the first day of January, nineteen hundred and ten, and until their successors are elected or appointed find a qualified. An election shall be held on the first Tuesday after the first Monday of November, nineteen hundred and nine, and every fourth year thereafter to elect their successors. The persons elected at such elections shall take office on the first day of January following their election and shall hold office for four years or until their successors are elected or appointed and qualified.
So much of this Act as provides for elections of Delegates to the Philippine Assembly shall apply to the townships of Bulalacao, Calapan, Caluya Island, Lubang lsland, Mamburao, Naujan, Pinamalayan and Sablayan in Mindoro and in the townships of Cagayancillo, Coron, Cuyo, Puerto Princesa, and Taytay in Palawan, and the township of San Quintin in Ilocos Sur, which arc hereby declared to be municipalities and containing a sufficient proportion of civilized people, for the purpose of electing Delegates to the Philippine Assembly, and for no other purpose. The provincial hoard of the province in which said townships are situated shall perform the duties devolved by this Act upon municipal councils with respect to such elections for Delegate to the Philippine Assembly and shall perform them sufficiently in advance of the times herein prescribed that the rights of the people or the times in which acts or duties are herein required or permitted to be done shall not lie abridged. In said townships, at said elections the duties herein devolved upon municipal secretaries shall be done by the township secretary. The expense of such elections shall be borne by the townships ill which they are held.
The Governor-General. with the consent of the Philippine Commission, may postpone, for such time as may be deemed necessary any municipal or provincial election, when in the exercise of his reasonable discretion the presence of landronism or analogous cause, or of sedition or rebellion or analogous cause, or of public calamity or epidemic, shall render such action conducive to the public interest.
In all elections held under this Act a plurality of the rates legally cast shall elect,
SEC. 4. Vacancies and special elections.—Whenever a vacancy shall occur in an elective provincial office the Governor-General shall appoint a suitable person to fill the vacancy for the unexpired term and until the election and qualification of a successor.
Whenever a vacancy shall occur in an elective municipal office the same shall be filled by appointment, by the provincial board and the officer so appointed shall serve until the first of January following the next general election. If said next general election be one in the middle of the term of office the successor shall be elected for the unexpired term.
Upon the failure to elect any Delegate at any election at which the office is authorized to be filled, or upon the death or disqualification of a person elected a Delegate before the beginning of his official term, the Governor-General shall make a proclamation of a special election to fill such office for the unexpired term, specifying the district in which the election is to be held, and the date thereof, which shall not be less than forty nor more than ninety days, reckoned from the date of the proclamation.
Except in the case of a failure to elect as hereinbefore provided, a special election shall not he held to fill a vacancy in the office of a Delegate to the Assembly, unless such vacancy occur on or before the first day of February of the last year of the term of office, or unless occurring thereafter and a special session of the Assembly be called to meet before the next general election.
Whenever a, new municipality shall be created the Governor-General shall call a special election, to be held not more than three months after such call, by the qualified voters of such new municipality unless a general election is to be held within said three months or unless otherwise provided in the Act creating the same. At such election a president, vice-president, and the number of chosen, councilors appropriate to a municipality of its class, shall be chosen; of the number of councilors to be elected, the one-half receiving the smaller number of votes shall be declared elected for a term which shall expire on January first following the general election next after the election at which they were chosen; the one-half receiving the larger number of votes shall be declared elected for a term two years longer. In case such division can, not he made by reason of a tie between two or more candidates, the term of office of the tied candidates shall be determined by lot in the manner prescribed in section twenty-six of this Act. The terms of office, of the president and vice-president shall expire on the first of January of ninety hundred and eight, nineteen hundred and ten nineteen hundred and twelve, or any second year thereafter, as the ease may be. The successors of all such officers shall be elected at the generation preceding the expiration of their terms of office. Such new municipality shall come into existence as a separate corporate organization upon the qualification of the newly elected president! and vice-president and a majority of the newly elected council. The officers of the old municipality or municipalities who are residing in the territory comprising the new municipality shall unless an entire barrio or barrios are included in the district so separated, hold their offices until their successors are elected and qualified. For the first election in new municipalities the provincial board shall divide the new territory into election precincts and shall appoint the necessary inspectors of election and poll, clerks and a suitable person to perform the duties of municipal secretary with respect to such election, all of whom shall act until their successors are chosen and qualified as hereinbefore provided, and shall designate the necessary polling places and provide the supplies for such election, the expense of all of which shall be payable by the new municipality.
The boards of inspectors so appointed shall meet and register the qualified voters as hereinafter provided, and the election shall proceed under the provisions of this Act the necessary funds therefor being advanced by the province and afterwards collected from the new municipality. For such first election the provincial board shall act as a board of canvassers
Whenever a provincial or municipal election shall have resulted in a failure to legally elect one or more officers and a special election shall have been called and held thereafter for the office or offices to be filled and shall have resulted in a failure to legally elect one or more of such officers, the Governor-General, by and with the consent of the Philippine Commission, shall appoint a citizen of the Philippine Islands or of the United States to fill any such unfilled provincial office, and the provincial hoard, by and with the consent of the Governor-General, shall appoint a duly qualified elector of the municipality to fill any such unfilled municipal office. An officer so appointed shall hold office for the term for which the office should have been filled by election.
SEC. 5. The Philippine Assembly.—The Philippine Assembly shall consist of eighty-one members, apportioned among the provinces as follows:
In case am such new province shall be entitled to more than one Delegate it shall he divided into as many districts as it is entitled to Delegates. Said districts shall be composed of contiguous and compact territory as near as may be and contain as nearly as practicable an equal number of inhabitants.
Members of the Philippine Legislature, in all cases except treason, each of the peace, and felony which, for the purposes of this Act, shall he considered a crime punishable by death or imprisonment for four years or more, shall be privileged from arrest during their attendance at the session of the Legislature, and in going to and in reluming from the same: and for any speech or debate in either house they shall not be questioned in any other place.
No Delegate to the Philippine Assembly shall, during the time for which be was elected, be appointed to any civil office under the authority of the Government of the Philippine Islands which shall have been created or the emoluments whereof shall have been increased during such time: and no person holding any office under the Government of the Philippine Islands shall be a member of said Assembly during; his continuance in office.
SEC. 6. Compensation and expenses of delegates to the Assembly.—Unless otherwise provided by law each Delegate shall receive twenty pesos per day for each day of actual sitting of the Assembly, and shall also receive his actual and necessary expenses for transportation and subsistence en route of himself only, from his residence to Manila and return, once for each session he actually attends. No other compensation or expenses shall be paid to any Delegate.
The Assembly shall choose a Recorder to the Philippine Assembly who until otherwise provided by law shall receive twenty pesos for each day of the session and for such additional days as may be authorized by resolution of the Assembly for the purpose of completing the records of the session. Such additional clerks, stenographers, pages, and other subordinate employees to serve while the Assembly is in session as may be necessary shall be appointed by the Assembly at salaries, not to exceed that of the Recorder, as may be by it fixed, the whole sum for such purpose not to exceed twenty-five thousand pesos for the first session.
The Executive Secretary shall be the custodian of the records of the Legislature.
Stationery for the use of the Assembly shall lie provided by the Director of Printing to the extent of not exceeding five thousand pesos for the first session.
SEC. 7. Division into districts, and representation.—Each district for which provision is hereinafter made shall be entitled to elect one Delegate to the Assembly: Provided, however, That the whole number elected from any province shall not exceed the number prescribed for that province in section five of this Act.
The provinces hereinbefore mentioned as being entitled to elect more than one Delegate are hereby divided into Assembly districts, as follows:
SEC. 9. Designation and arrangement of polling places.—At least sixty days before, each general election the municipal council in each municipality in which such elections are to be held shall designate in each election precinct a. place, as centrally located with respect to the residences of the voters as is practicable, where the elections and the meetings of the board of inspectors for registration hereinafter provided for shall he held during the year. Each such place so designated shall, if practicable, be a room upon the lower floor, of reasonable size, sufficient to admit and comfortably accommodate twenty electors at one time outside the guard rails. No liquors shall be sold or cockfights held in any building so designated from the time of designation until the day after election. If for any cause a place so designated shall thereafter and before election be destroyed or for any cause can not bo used, the municipal council shall forthwith meet and designate; some other suitable place for holding such registry and election. Not know than one polling place shall be in the same room, and not more than two polling places shall lie in the same building. The municipal council shall provide for each polling place at each election the necessary ballot and other boxes, guard rail, booths, stationery and supplies necessary for the lawfu conduct of each registration and election thereat; shall preserve the same when not. in use and shall deliver all such ballot or other boxes for each polling place at the opening of the polls of each election. Whenever the municipal council shall be unable to procure suitable places, or whenever it shall be more economical so to do, such council may provide temporary or portable structures adequate to the purpose, and shall take such measures as are proper and neeessarv lor the storing thereof and reerection. of the same at the following election. Such structures may be erected in any public street or plaza, but not so as to block traffic thereon. No building owned or inhabited by any person who is a candidate for any office for which votes are to be cast in any precinct shall be used as a polling place for that; precinct.
There shall be in each polling place during each election a sufficient number of voting booths not less than one for every fifty voters in the election precinct. Each such booth shall be at least one meter square, shall hau four sides inclosed, each at least two meters high, and the one in front shall open and shut as a door swinging outward and shall extend to within fifty centimeters of the floor. Each such booth shall contain a shelf which shall be thirty centimeters wide extending across one side of the booth at a convenient height for writing, and shall be kept furnished with indelible pencils to enable the voters to conveniently prepare their ballots for voting. Each booth shall be kept clearly lighted, while the polls are open and until the canvass is completed, by artificial lights if necessary. A guard rail shall be placed at each polling place at least two meters from the ballot boxes and from the booths, and no ballot box or booth shall be placed within two meters of such rail, and each guard rail shall be provided with an entrance and exit, the one separate from the other. The arrangement of the polling place shall be such that the booths can only be reached by passing within the guard rail, and that, the booths, ballot boxes, election officers, and every part of the polling place, except the inside of the booths, shall be in plain view of the election officers and of persons just outside the guard rail. Such booths shall be so arranged that there shall be no access thereto except by the door in the front of said booth.
A printed copy of this Act, in English and Spanish, shall be hung and kept in a conspicuous available position in everv polling place on all registration days and on election day and may be consulted by any voter or person offering to register.
SEC. 10. Liquors, cockfighting and booths in vicinity.— No intoxicating liquors shall be sold or dispensed within thirty meters of any polling place on any registration day nor within one hundred and fifty meters of any polling place on any election day during the hours for voting; nor shall any temporary booths, tents, or shelters of any kind for the sale or display of any warts, merchandise, or refreshments, solid or liquid, or for any other purpose whatsoever, be erected or maintained on said days within said distances during the hours aforesaid; nor shall any cockfight be held in any municipality upon any election day.
SEC. 11. Notices of special elections.—The Executive Secretary, upon the filing in his office of the Governor-General's proclamation ordering a special election, shall forthwith make and transmit to the treasurer of each province a. notice under bis band and official seal, stating the day upon which such election shall be held and stating each office to be voted for at: such election by the electors of the political division affected. If any such officer is to be elected to filI a vacancy, the notice shall so state and shall state the term for which such office is to be filled. The provincial treasurer upon the receipt of such notice shall forthwith file and record the same in his oliice and cause a copy thereof to be mailed to the secretary of each municipality affected. Each municipal secretary upon receipt thereof shall forthwith tile and record the same and shall cause at least three copies thereof to be posted in three conspicuous public places in each election precinct of such municipality and one copv thereof at the municipal building.
SEC. 12. Qualifications of officers.—A Delegate to the Philippine Assembly must be at the time of his election a qualified elector of the district from which be may be chosen, owing allegiance to the United States, and not less than twenty-five years of age.
Provincial governors and third members of provincial boards must be at the time of the election qualified electors in the province; they must have been, botin. pile residents therein for at least one year prior to the date of their election; must owe allegiance to the United States, and must be not less than twenty-five years of age: Provided, however, That the provisions of this section shall not apply to those persons or cases where the Governor-General shall appoint a provincial governor or third member of a provincial board under the existing provisions of law.
An elective municipal officer must have been, at the time of the election, a qualified voter and resident in the municipality for at least one year, owing allegiance to the United States; he must be not less than twenty-three years of age and be able to read and write intelligently either Spanish. English, or the local dialect: Provided, That a person ineligible for office by reason of nonpayment of taxes who is elected to any office may remove such ineligibility by the payment of the taxes before the dated fixed by law for assuming office but not afterwards.
Unless fully pardoned, no person who has been convicted of a crime which is punishable by imprisonment for two years or more shall hold any public office, and no person disqualified from holding public office by the sentence of a court or under the provisions of Act Numbered Eleven hundred and twenty-six shall be eligible to hold public office during the term of his disqualification.
The official acts of a. person who is elected and assumes office when ineligible thereto shall not be invalid, but such office shall be vacated in the manner following immediately upon discovery of such ineligibility:
Any member of a provincial board or other person who has in formation that the provincial governor or third member is ineligible shall at once report the matter to the Governor-General who shall order an investigation by such officer or, officers as he may appoint for ihe purpose, giving the governor-elect or third member elect, as the case may be, opportunity to present evidence in bis behalf, and upon the report thereof shall declare the office vacant, or dismiss the proceedings, as the facts may warrant.
Any councilor or other municipal officer or other person who has information that a municipal officer is ineligible shall immediately report the matter to the municipal council which shall hold an investigation giving the officer opportunity to present the evidence in his favor. The council shall declare the ofii the proceedings as the facts may warrant. A r ings and evidence shall he kept and forward-board which, within thirty days, shall affirm of the council.
SEC. 13. Qualifications ofvoters.—Every male person twenty-three years of age or over who has had a legal residence for a period of six months immediately preceding the election in the municipality in which the exercise the suffrage, and who is not a citizen or subject of any foreign power, and who is comprised within one of the following three classes—
Said inspectors shall be ineligible to be elected or appointed to any other office during their term of office. No person who holds any public olrice. or is a candidate for public office, shall be eligible to appointment as inspector or poll clerk, or serve as such after he becomes a candidate.
All persons appointed inspectors of election or poll clerks shall he qualified electors of their respective precincts, of good character, not: convicted of an offense involving moral turpitude and able to read, write, and speak either English, Spanish, or the local dialect understandingly. The persons so appointed shall be notified and shall each take and subscribe before the municipal secretary the following oath of office within twenty days after the date of the notice of appointment:
Before otherwise entering upon their duties the inspectors of each precinct shall meet and appoint one of their number chairman, or, if a majority shall not agree upon such appointment, they shallifcf draw lots for such position. If at the time of any meeting of the inspectors there shall be a vacancy in the office or poll clerk, or if any inspector shall be any meeting, except as provided in section sevente inspector or inspectors present shall appoint a the precinct who. in case of an inspector, shall same political party as the absent inspector. until such absent officer shall appear or the hereinabove provided. If at any such time the offices of inspectors are all vacant, or if no inspector shall appear within one hour, after the time fixed by law for the opening of such meeting the qualified electors of the precinct present, not less than ten, may designate three qualified voters of the precinct to fill such vacancies, or to act in the place of such inspectors respectivelv until the absent inspectors respectively appear or their vacancies are filled by the council as hereinabove provided. In case of the filling of vacancies by the inspectors, or by the oualifiod voters of the precinct, the inspectors so appointed shall lake the oath before the chairman of the board, or if he be not present shall administer it among themselves, and such oaths shall be forwarded forthwith to the municipal secretary for filing. s
SEC. 16. Preservation of order by inspectors.—All meetings of the board of inspectors shall be public. The said board and each individual member thereof, shall have full authority to preserve, peace and good order at such meetings and around the polls, and to keep the access thereto open and unobstructed, and to enforce obedience to their lawful commands during their meetings. The said board may appoint one or more electors fo communicate their orders and directions and to assist in the performance of their duties in this section enjoined. If any person shall refuse to obey the lawful command of the inspectors, or by disorderly conduct, in , their presence or hearing, shall interrupt or disturb their proceedings, they may make an order in writing direction any peace officer to take the person so offending into custody and detain him until the adjournment, of that meeting: but such order shall not be so executed as to prevent the person so taken into custody from exercising his right to vote at such election. Such order shall be executed by any peace officer to whom the same shall be delivered; but if none shall be present, by any other person deputed by such board in writing.
SEC. 17. Registry of voters.—The board of inspectors for each election precinct in which an election is to be held shall hold four meetings for the registry of voters at the place designated therefor or striking names therefrom in accordance with the orders of the constituted authorities, as hereinafter provided, and to number and complete the list. Each meeting except the last shall begin at seven o'clock in the morning and continue until seven o'clock in the evening with not more than one intermission of one hour and half.
The inspectors of each election precinct shall prepare at such meeting a list of ihc names and residences of the persons qualified tu vote in such precinct at such election who present themselves for registration, which, when finally completed, shall be the register of the voters ni: the precinct for such election. Such lists shall be arranged in columns. In the first column there shall be entered, at the time of the completion of the registry, a number, opposite the name of each person registered, beginning with one and continuing in consecutive order to the end of the list. In the second column shall be placed the surname used generally by such persons in alphabetical order; in the third column the respective Christian names of such persons: in the fourth column the respective numbers of the cedullas of such persons, for the calendar year in which the election is held : in the fifth column the respective residences of such person by street and numher or, if there be none, by a brief description of the locality thereof. At each meeting, except the last, a space shall be left after each set of surnames beginning with the sune letter sufficient for the addition thereto at subsequent meetings of surnames beginning with the same letter. Before any such names are added at any such subsequent meeting there shall be written "added at the second meeting." "added at third meeting" or "added at fourth meeting," as the case may be. Before any name is placed upon the list the applicant for registration must first exhibit to the inspectors his cedula for the calendar year in which the election is held or. should he be exempt from having one hv reason of age. such fact shall be noted in the fourth column of the list. The following oath shall also be administered to and subscribed by each applicant before entering his name itpon the list:
At the close of each meeting for the registry of voters the inspectors shall append to each of the lists their certificate that the list as it then appears is a true and correct list of the names and residences in such precinct of all persons who have personally appeared before the board and who have requested that their names be placed thereon and who are qualified at the forthcoming election.
One copy of such list, so certified, shall he deposited temporarily in the office of the municipal secretary on the Monday following the second and fourth meetings to lie open io the inspection of the public until the next meeting, or until election day as the case may be, and the other copies shall lie retained by the inspectors who shall permit their inspection by qualified voters of the precinct from eight o'clock in the morning to five o'clock in the afternoon on .all days except Sundays and legal holidavs.
Any person who applies for registration, or who is registered, may, at any of the first four meeting of the board, be challenged by any inspector or anv qualified elector of the precinct; the board shall thereupon examine him and take such other evidence as shall to it seem necessary with respect, to his qualifications and disqualifications and shall at the conclusion of such examination order his name to be placed upon the list, or stricken therefrom, as the facts warrant. The hoard of inspectors shall have the same powers to subpoena witnesses and compel their attendance and testimony as is now possessed by justices of the peace under the Code of Civil Procedure, but the fees of such witnesses and for service of process shall be paid in advance by the party in whose behalf they are subpoenaed. All such questions shall be heard and decided without delay. At the determination of the question the board shall, if requested, issue to either party a brief certificate and statement of , its action in the matter and of the evidence upon which such action is based. Either party thereto, or any person who has been refused registration, may thereupon apply to the provincial board of the province or to the judge of the Court of First Instance in the judicial district or any contiguous district, if anv such judge is more accessible than the judge in the district, which board or judge is hereby given jurisdiction in the premises, for an order directing said board of inspectors to lake the action deemed proper. Such application shall be made by filing with said provincial board, or with said judge, a copy of the certificate and statement aforesaid and of proof of service of a notice of such application upon a member of the board of inspectors, which notice shall slate the time and place and tribunal to which such application will be made. The tribunal with which such notice is first filed shall have exclusive jurisdiction in determining the matter. Such application may be accompanied bv affidavits in support thereof; but copies of all such affidavits shall be served upon the hoard of inspectors or partv in interest with the notice of application and may be rebutted bv affidavits to he filed by the board of inspectors or the opposing party. Upon such applications ihe board of inspectors may he represented bv the provincial fiscal, or it may delegate one of its members to appear upon the bearing, and in that case the necessary traveling expenses of such member, not to exceed the amount allowed the provincial officials in that province, shall be paid by the municipalitv. During the absence of such inspector the poll clerk shall sit with the board for ihe purpose of preparing the list of the absent inspector. At the meeting of the board on the Saturday preceding election it shall he the duty of each inspector to make in the registry list opposite the name of each person added or stricken off the list a note of the date of the order and of the name of the tribunal which issued it. No name shall be added to or stricken from the list at the last meeting except in pursuance of such orders.
No person shall vote at any general or special election held under the provisions of this Act unless his name appears upon the voters as completed by the board of inspectors.
SEC. 18. Registry for special elections.—At special elections there c onlv one meeting for registry, which shall be ten days ilit' dav designated for such special election, and the register of voters for the last preceding general election, to which shall be added at such meeting, or to which shall have been added at previous similar meetings, the names of such persons as present themselves who are known or proven to be entitled to vote at such special election, shall be the register of voters for the same.
SEC. 19. Pay of inspectors ami expenses of election.—.Each inspectors specfor of election shall receive pay for each day of actual service at meetings of the board except the meeting on the Saturday before election and shall receive two davs' pay for election day. Each poll clerk shall receive pav for each day of his service during the absence of a member and two days pay for election day. The rate of pay shall be fixed bv the municipal council but shall not be less than two nor more than five pesos per day and shall not be changed during the term of office of the inspectors or of the clerk. The pay of election boards and the expense of stationery, ballots, and all other expenses of election shall be paid out of the treasury of the municipality in which the election is held.
SEC. 20. Official ballots.—Official ballots shall be provided at public expense for every election held under this Act. There shall bo at each polling place but one form of ballot, which shall be of ordinary white print intr paper in shape a strip one hundred and fourteen millimeters wide and three hundred and four millimeters long, and contain a printed heading of the title of each office to be voted for and the number of candidates for which the voter may vote, with a corresponding: number of spaces underneath the title. Such titles shall be printed both in Spanish and English in ten point, (long primer) roman type and at the top of the ballot shall appear in eight point (brevier) gothic type both in English and Spanish the legend "Do not make any mark on this ballot or write anything thereon but the names of the candidates you vote for. Any violation of this instruction will invalidate the ballot." The ballots shall be folded three times toward the top, so that they shall be one hundred and fourteen by thirty-eight millimeters when folded. Upon the upper outside fold there shall be printed in type which shall be discretionary with the Director of Printing.
but which shall be uniform throughout the Islands, the words "Official Ballot" a representation of the Coat of Arms of the Philippine Islands, the election precinct in which the particular ballot is intended to be used, and the date of the election, such ballots to be in substantially the following torm:
no other ballot than the official ballot shall be used or counted except that if in case of failure to receive the ballots, or their destruction at such time as shall render it impracticable to procure from the Direclor of Printing a new supply, the provincial board or, if ihere be not time therefor, then the municipal council, shall procure from any available source another set which shall lie as nearly like which prescribed in this section as circumstances will permit and which shall be uniform within each election precinct.
For each election precinct at least thirty sample ballots printed upon colored paper but in other respects like the official ballots shall be furnished the board of inspectors for posting and use in demonstrating how to filI out and fold the official ballots properly. Five of such sample ballots shall be posted in public places within the precinct, including one at the polling place. In such demonstration the names of actual candidates shall not he written on such ballots nor -hall such ballots be used for voting nor counted.
The ballots shall be furnished, by the Director of Printing at the expense of the municipality upon requisition therefor by the provincial treasurer in the usual form, which requisition shall he for such a number of ballots for each voting precinct as will provide one and one-half as many ballots as there were persons registered in the precinct ai the last preceding election and ten per centum additional. In the case of newly-formed precincts the requisition shall be for a number of ballots in like proportion to the estimated number of qualified voters in the precinct as adopted by the council under section eight hereof. The requisitions shall be forwarded at least two and one-half months before the dale of the election. They shall also specify what offices arc to he filled in each precinct. In the case of special elections the Executive Secretary shall require the Direclor of Printing to furnish the requisite ballots in the same quantifies as wore requisitioned for the last regular election and the cost of furnishing the same shall he a charge against the municipality to which furnished.
SEC. 21. Conduct of elections.—At all the elections held under the provisions of this Act the polls shall be open from seven o'clock in the morning untill five in the afternoon during which period not more than one member of the board of inspectors shall be absent at one time, and then for not to exceed twenty minutes at one time. The inspectors of election and poll clerks shall meet one-half hour before the time fixed for the opening of the polls af the place designated, and shall then and there have the ballot box, box for spoiled ballots, the ballots and all other supplies provided by law. At the opening of the polls the ballot box and box for spoiled ballots shall be opened by the chairman, emptied and exhibited to all the members and other voters present, and, being empty, shall be closed, locked, and a seal placed over the lock, and the boxes shall be kept closed and sealed until the polls are closed, when the ballot box shall be opened to count the votes: Provided, however, That when necessary to make room for more allots the chairman may open the box in the presence of all the board and press down the ballots with his hands without removing therefrom : he shall then close, lock and seal the box, as hereinbefore provided. In case of the destruction of the boxes or he failure to deliver them at the polling place, the board of inspectors shall immediately provide other boxes or receptacles as y as possible adequate for Ihe purposes for which intended. From the time the polls are opened until the votes are counted, and the result announced as hereinafter provided, no person other than members of the board of inspectors, or necessary police, Constabulary, or other peace, officer who may be present at the request of the board to execute its orders, or to serve the process of a court, or to net as messenger, and voters receiving or depositing their ballots, shall be allowed within the guard rail in the polling place, nor shall any be or remain within thirty meters of the polls. No persons, other than voters while waiting to vote or voting, shall congregate or remain in the distance of thirty meters of the polling place, nor shall any person solicit voles or do an tioneering within such distance: Provided, forever, That during the counting of the votes by the board, a number of qualified voters of the precinct, not to exceed six, who shall represent as evenly as possible the opposing candidates voted for, and be named by such candidates, shall be allowed within the polling place, but not within the guard rail, as watchers. Such watchers shall he allowed to freely witness the count and to hear the proceedings of the board and to take notes of what they see and hear, but shall not touch the ballots nor convers with the inspectors nor any of them, nor with each other in such manner a interrupt the proceedings. No member of officer shall, before the announcement of statement of the number of ballots east, the for any person, the name of any person has not voted, or of any other fact tending to how the state of the polls, nor shall he make anv statement al any time, except as a witness before a court, tending to show how any person voted.
SEC. 22. Toting.—While the polls are open the voters who are entitled to vote and who have not already voted at that election may enter within the guard rail of the polling place in such order that, besides the persons lawfully in such place for purposes other than voting, there shall not be within said place at any one time more than twice as many voters as there are voting booths therein. Upon entering the voter shall give to one of the inspectors his name and residence together with such other information concerning himself as should appear on the registry list and may be requested of him by any of the inspectors. Said inspectors shall then distinctly announce the voter's name and residence in a tone loud enough to he plainly heard throughout the polling place. If such person be entitled to vote and he not challenged, or, if challenged and the same be decided in his favor, the poll clerk shall deliver to him one ballot correctly folded. No person other than an inspector or poll clerk shall deliver to anv person anv official ballot, and no inspector shall deliver or permit to he delivered any official ballot to any person other than a voter at the time of voting, as herein provided, nor more than one ballot to such voter at one time. The voter on receiving his ballot shall forthwith retire alone to one of the empty polling booths and shall there prepare his ballot by writing in the proper space for each office the name of the person for whom he desires to vote. A voter otherwise qualified who declares that he can not write, or that from blindness or other physical disability he is unable to prepare his ballot, may make an oath to the effect that he is so disabled and the nature of his disability and that he desires one or two of the inspectors named by him to assist him in the preparation of such ballot. The board shall keep a record of all such oaths taken which shall show the name or names of the inspector or inspectors assisting the voter, and file the same with the municipal secretary with the other records of the board after the election. The inspector or inspectors so named as aforesaid shall retire with the voter and prepare his ballot according to his wishes. The information thus obtained shall be regarded as a. privileged communication. No voter shall be allowed to occupy a booth already occupied by another voter, or to occupy it booth more than eight minutes in case there are voters waiting to occupy booths, or to speak or converse with anyone other than as herein, provided while within the polling place. It shall be unlawful to erase any printing from the ballot or to add any distinguishing feature thereto, or to intentionally tear or deface the same, or to make any mark thereon other than the names of the candidates voted for.
If a voter shall soil or deface a ballot so that it can not lawfully be used, he shall surrender the same to the poll clerk, who shall, if necessary, give him one at a time, not to exceed two more. Each ballot given io a voter shall be announced to the inspectors and a record thereof kept opposite the name of the voter in the registry list in a column provided for that purpose. Each spoiled ballot, as soon as returned, and without opening, shall be distinctly marked "spoiled" on the indorsement fold thereof and immediately placed in a ballot box similar to the official ballot box, which shall be plainly marked "spoiled ballots." together with the name of the municipality and number of the election precinct in which used, which shall be used for no other purpose and which shall be kept locked, and at the close of election be sealed up and delivered to the municipal secretary.
No ballot, spoiled or otherwise, shall be taken from the polling place, except as hereinafter provided. After properly preparing his ballot, the voter shall immediately return to the poll clerk, who shall again announce his name and residence, and the chairman of the board shall receive the ballot and without exposing the contents, shall deposit if in the ballot box in the presence and view of the voter. The fact that he has voted shall be recorded by,placing it mark opposite the voter's name on each of the registry lists in a column provided for that purpose. The voter shall then depart,
SEC. 23. Challenge.—Any qualified voter of the election precinct, if he believes that: any person who is not registered is offering or attempting to vote, or to vote in the name of another, or to vote illegally in any manner, may challenge the vote of such person, and the board shall thereupon take the oath of such person, or otherwise satisfy itself thai he is or is not a registered voter in said precinct. For the purpose of receiving and counting the vote it shall be sufficient if the person challenged shall prove that he is tlie identical person duly registered as hereinbefore provided; but the reception and counting of the vote shall not be conclusive upon any court of the legality of the registration or voting in an action against such person for illegal registration or voting.
If the person so olforing to vote shall be challenged, the following additional oath shall be administered by one of the inspectors:
SEC. 24. Counting of votes; announce of results.— As soon as th e polls of an election are closed the board of inspectors, shall publicly count the votes and ascertain tje result, and not adjourn or postpone the count until it shall fully completed. They shall then, open the ballots found there contents, except so far and shall compare the it shown by the replaced, without being lev were taken and shall be e inspectors designated by name and with his back to the lots as shall be equal to such persons who have voted as shown thereon the ballot box of unspoiled ballots and com in without unfolding them or exposing the as to ascertain that each ballot is single number of ballots found in the box with registry lists to have been deposited therein. If the ballots found in the box shall be more than the number of ballots so shown to have been voted, the ballots shall unfolded, in the box from which thoroughly mingled therein and one of the board shall, without seeing the sa box, publicly draw out as many excess, and without unfolding them place, them in a. package which shall bo then and there securely sealed and marked "excess ballots," together with the signatures of the inspectors, which package shall be returned in the box with the other ballots and shall not be opened except as hereinafter provided. If in the course of the above-mentioned count two or more ballots shall be found folded together in such manner that they must have boon so folded before being placed in the box, then they shall be removed therefrom and counted as a portion of the excess number hereinbefore mentioned. In case ballots marked "spoiled" are found in the ballot box they shall be placed with the spoiled hal opened and examined for marked if they shall be placed in a package "marked ballots" together with the signatures of the inspectors and be returned in the same manner as provided for excess ballots. Marked ballots shall in no case he counted, and a majority, vote of the board shall be sufficient to determine whether any ballot is marked or not. In case any ballot or ballots shall be objected to by any inspector as marked and the hoard shall decide against such objection, such ballot or ballots shall he counted but shall be marked upon the indorsement fold in such manner as not to obliterate the feature objected to. with the words, "objected to by (adding the name of the objecting inspector) as marked,'' and all such ballots, after the count, shall he placed in another separate package and . Returned in all respects as herein provided for marked ballots. No ballot that is not an official ballot shall be counted, except such as are voted in accordance with the provisions of section twenty.
The board shall then proceed to count the votes in manner following:
The ballots shall be arranged in piles in front of the chairman, who shall take them one by one and read therefrom, in the order in which they appear thereon, the names of the persons voted for, and as soon as read shall hand them to one of the other inspectors, who shall be previously selected for that purpose by the board and shall be of the political party opposite to the chairman, if two parties are represented on the'board, who shall verify the reading of the chairman. The other inspector and the clerk shall keep lallv sheets upon forms which shall be prepared by the Executive Secretary for the purpose and furnished by the Director of Printing, on which they shall record as read, the names of all persons voted lor for each office and of the number of votes received by each. At the conclusion of the count the totals shall be verified by the chairman and the other inspector, and in case of disagreement a recount shall he made for such offices as may be necessary. The tally sheets shall not be changed or destroyed and shall be returned with, the ballots in the ballot box. All counting shall be made in plain view of the watchers. Upon the completion of the count ihe inspectors shall make and sign a written statement thereof in quadruplicate, showing the date of the election, the name of the municipality and the number of the precinct in which it was held, the whole number of ballots cast for each person for each-office, the whole number of ballots rejected as marked, and the whole number objected to because marked but not rejected, writing out at length in words and at the end thereof a certificate signed by the inspectors to the effect that the statement is in all respects correct. Every such statement shall be made upon a single sheet of paper, or if not so made, each sheet thereof shall be signed at the end thereof by the inspectors. Forthwith thereafter one copy thereof shall be tiled with the municipal secretary, one shall be securely sealed and forwarded by the board by mail or special messenger to the provincial board, and one shall be securely sealed and forwarded by the hoard to the Executive Secretary. The ballots, together with the packages hereinbefore referred to, shall be returned to the bid lot box, which shall be securely locked and sealed and returned to the municipal secretary together with such statements. The spoiled ballots shall be returned to the spoiled-ballot box, if removed therefrom, and such box, similarly locked and sealed, shall be likewise returned. The unused ballots shall all be placed in a sealed package, marked with the. date of the election, name of the municipality and the number of the district, and similarly returned.
Upon the completion of such count and of the statements of the result, thereof, the chairman of the board of inspectors shall make public oral proclamation of the whole number of votes cast at such election at such polling place for all candidates, by name, for each office.
The statements, ballot boxes and unused ballots shall be returned to the municipal secretary immediately upon the completion of the count, if practicable, and the municipal secretary shall keep his office open until midnight of each election day for the purpose of receiving the same and shall provide, at the expense of the municipality, facilities therefor. If by reason of the length of time required for the count, or the distance to the secretary's office, it shall be impracticable to return the same before midnight, they shall he retained by the chairman of the board and delivered unchanged and with the, souls unbroken to the said secretary as early thereafter as practicable.
The municipal secretary shall retain the same unopened in his possession until the final decision of any election contest, and in any event for six months, subject to the order of a court of competent jurisdiction or other officer specially authorized by law to open and count the same.
SEC. 25. Canvass by provincial board.—In case statements from all precincts are not filed the day after election, the municipal secretary shall notify the members of the delinquent boards of inspectors to file the same. All statements shall be sent to the provincial treasurer by mail, if the mails are reasonably regular and expeditious for the purposes of this section, or by special messenger at the expense of the municipality, if they are not. Delayed statements shall be forwarded as fast as received. The provincial board shall meet as a board of canvassers not later than the twenty-fifth or if that be a holiday, the twenty-sixth day of November, and the provincial treasurer shall then produce before it all such statements filed with or delivered to him. If any statements he missing the board, by special messenger or otherwise, shall obtain such missing statements and shall direct the fiscal to prosecute the persons responsible for the delay, if any, under section twenty-nine of this Act. The board shall also examine the statements on file, and if it clearly appears that material matters of form are omitted, such statements shall he returned for correction to the board of inspectors by special messenger or in such manner as mav be most, expeditious. Such statements may not however, be returned for a recount, As soon as all statements are before it, the board of canvassers shall proceed to a canvass of all the votes cast in the province for Delegates to the Assembly or for provincial officers, and upon completion thereof shall make one statement of all votes cast for each candidate for the Assembly in each Assembly district, and one statement, of all the votes, if any, cast for provincial officers. Upon the completion of such statements the board shall determine therefrom what person has been elected to the Assembly from each Assembly district, and what person has been elected to the provincial offices. All such determinations shall, be reduced to writing, in duplicate, and signed bv the members of the hoard or a majority of them and sealed with the provincial seal. One copy thereof shall be filed with the provincial treasurer, one forthwith with the Executive Secretary, and a certified copy t thereof shall also forthwith be delivered to each elected candidate.
Upon the filing of said certificate in the olliee of the Executive Secretary, the Governor-General shall confirm the election of each of the candidates so certified unless there he a contest pending and undetermined in the courts, in which case be shall withhold confirmation with respect, to any person involved in such contest until a certified copy of the decision of the court shall have been filed with the Executive Secretary. The Governor-General mav refuse to confirm the election of any person as provincial governor if there is reasonable ground to suspect his loyally to the instituted authorities, and may refuse to confirm the election of a third member of the provincial hoard as provided in Act Numbered Fifteen hundred and forty-five. In case of refusal to confirm any provincial officer a special election to fill the office shall be called and held as provided in section, four hereof, and at such special election a person whose confirmation was so refused shall be ineligible and no vote shall be counted or canvassed for him.
In case the board of canvassers shall decide that an election for Delegate to the Assembly results in a tie it shall certify its decision, together with the statements and all papers upon which the same is based, to the Assembly, which shall have jurisdiction of the matter thereafter; in case the board of canvassers shall decide that an election for provincial governor results in a tie it shall similarly , certify the matter to the Philippine Commission, which shall have jurisdiction to declare either of the tied candidates elected or to order a special election, as it may decide: Provided, however, That nothing in this sentence contained shall bar the right of any candidate to contest an election as hereinafter provided.
SEC. 26. Canvass by municipal council.— Immediately after the clection the municipal council shall meet in special session and shall proceed to act as a municipal board of canvassers. The secretary shall produce before it the statements filed with him and the council shall canvass the votes east for each municipal office in the same manner as hereinbefore provided for the provincial board, and to end shall have the same powers. The municipal hoard of canvass shall not have the power to recount the votes or to inspect any of them, but shall proceed upon the statements rendered, as corrected, if corrections are necessary. Its determinations shall be reduced to writing in triplicate, signed by the members, or a majority of them, and one copy shall be tiled in the municipal secretary's office, one with the provincial treasurer and one with the Executive Secretary immediately on completion of the canvass.
In case the canvass results in a tied for any municipal office the tied candidates shall draw lots in the presence of the board of canvassers, and the successful candidate shall be declared elected.
SEC. 27. Election contests.—The Assembly shall be the judge of the elections, returns, and qualifications of its members. Contests in all elections for the determination of which provision has not been made otherwise shall be heard by the Court of First Instance having jurisdiction in the judicial district in which the election was held, upon motion bv any candidate voted for at such election, which motion must lie made within two weeks after the election, and such court shall have exclusive and final jurisdiction and shall forthwith cause the registry lists and all ballots used at such election to be brought before it and examined, and to appoint the necessary officers therefor and to fix their compensation, which shall he payable in the first instance out of the provincial treasury, and to issue its mandamus directed to the boards of canvassers to correct its canvass in accordance with the facts as found. If in any case the court shall determine that no person was lawfully elected it shall forthwith so certify to the Governor-General, who shall order a special election to fill the office or offices in question as hereinbefore provided.
Before the court shall entertain any such motion the party making it shall give a bond in an amount to be fixed by the court with two sureties satisfactory to it conditioned that he will pay all expenses and costs incident, to such motion, or shall deposit cash in court in lieu of such bond. If the party paying such expenses and costs shall he successful (hey shall lie taxed bv the court and entered and he collectible as a judgment against the defeated party.
All proceedings under this section shall be upon motion with notice of not to exceed twenty days to all candidates voted for and not upon pleadings or bv action, and shall he heard and determined hy the court in the judicial district in which the election was held regardless of whether said court be at the time holding a regular or staled term. In such proceedings the registry list as finally corrected by the bond of inspectors shall lie conclusive as to who was entitled to vote at such election.
The clerk of the court in which any such contest is instituted shall give immediate notice of its institution and also of the determination thereof to the Executive Secretary.
SEC. 28. Corrupt practices.—No person, in order to aid or promote his own election as a candidate for public office, shall promise, directly or indirectly, to secure or assist in securing the appointment, nomination, or election of any other person to a public position or employment or to any position of honor, trust or emolument.
No person shall pay any money in the name of any candidate, falsely representing that he is doing so at the request, of the candidate.
No person shall solicit, demand, ask, or invite from any person who is a candidate for any election, any payment of money or valuable thing or promise of payment of money or valuable thing to be nsed in such election.
SEC. 29. Penalties upon officers.—Any inspector or poll clerk who knowingly enters upon any registry or poll list or causes or allows to be entered thereon ilie name of any person, as a voter in a district who is not a voter thereof, and any inspector of election who refuses or willfully votes to refuse or willfully neglects to enter the name of any qualified applicant for registration upon the registry list, or who knowingly prevents or seeks to prevent the registration of any legally qualified voter, or who is guilty of any fraud or corrupt conduct in the duties of his office, shall be punished by imprisonment for not less than one month nor more than one year, or by a fine of not less that two hundred pesos nor more than five hundred pesos, or both, in the discretion of the court.
Any member of any hoard of registration, hoard of inspectors, or hoard of canvassers who knowingly makes any false count of ballots or votes, or who willfully makes or signs a false statement or declaration of the result of a bailor, vote, or ejection, or who willfully refuses to receive any ballot offered by a person qualified to vote at such election, or who willfully alters, defaces, or destroys any ballot cast, or voting or registry list, used thereat, or who willfully makes any false count or canvass, or who willfully declines or fails to perform any duty or obligation imposed, by this Act, shall be punished by imprisonment for not less than one month nor more than one year, or by a tine of not; less than two hundred pesos nor more than five hundred pesos, or both, in the discretion of the court.
Any election officer who, before the public declaration of the result of a vote at an election, as herein provided, makes any statement of the number of ballots cast, of the number of votes given for any person, of the name of any person who has voted, of the name of any person who has not voted, or any other fact tending to show the state of the polls, shall be punished by imprisonment for not more than thirty days or by a tine of not more than two hundred pesos, or both, in the discretion of the court.
Any officer of election who before the ballots are opened for counting reads or examines, or permits to be read or examined, the names written upon the ballot of any voter, unless such ballot shall have been prepared by him in accordance with the provisions of this Act, shall be punished by imprisonment for not more than thirty days or by a fine of not more than two hundred pesos, or both, in the discretion of the court.
Any municipal secretary or other ollicer having custody thereof who examines or permits to be examined, except as prescribed by law, any ballots returned to him by the board.of inspectors, shall be punished by a fine of not more than five hundred pesos.
Any officer having custody of any such ballots who shall willfully destroy or mutilate the same, or permit the destruction or mutilation thereof, except as prescribed by law, shall be punished by imprisonment for not less than one month nor more than two years, or by a fine of not less than one hundred pesos nor more than one thousand pesos, or both, in the discretion of the court.
Any person who knowing that he is disqualified assumes any office shall be punished by a fine of not less than five hundred pesos nor more than one thousand pesos.
No public officer shall offer himself as a candidate for election, nor shall he be eligible during the time that he holds said public office to election, at any municipal, provincial or Assembly election, except for reelection to the position which he may be holding, and no judge of the Court of First Instance, justice of the peace, provincial fiscal, or officer or employee of Bureau of Constabularv or of the Bureau of Education shall aid any candidate or inllueiice in any manner or take any part in any municipal, provincial, ur Assembly election under penalty of being deprived of his ollice and being disqualified to bold any public office whatever for a term of five years: Provided, however, That the foregoing provisions rdiall not be construed to deprive any person otherwise qualified of the right, to vote at any election.
SEC. 30. General penalties.—"Whoever at any election votes or attempts to vote, knowing that he is not entitled so to do, or votes or attempts to vote under any name other than his own, or more than once in his own name, or casts or attempts to cast more than one ballot, or willfully places any distinguishing mark upon a ballot or make any false statement as to his ability to fill out his ballot, or willfullv allows his ballot to be seen by any person, except as prescribed bv law, or willfully gives any false answer to any election officer touching any matter which is lawfully the subject of official inquiry, shall be punished by imprisonment for not less than one nionih nur more than two years, or by a fine of not less than one hundred pesos nur more than one thousand pesos, or both, in the discretion of the court.
Any person who shall offer, directly or indirectly, to anv member of the board of inspectors or any other election officer, or any member of the board of inspectors or any other election officer who shall, directly or indirectly, accept or agree to accept any money, goods or chattels, or anv bank note, bank bill, bond, promissory note, due bill, bill of exchange, draff, order or certificate, or any security for the payment of money or goods or chattels, or any deed in writing containing a conveyance of land or containing a transfer of any interest in real estate, or any valuable contract in force, or any other property or reward whatsoever, in consideration that such member of ibe board of inspectors or such election officer, as the case may be, will vote affirmatively or negatively or that he will not vote, or that he will use his interest or influence on any question, action, resolution, or other matter or proceeding pending before
the board of inspector or before any election officer, shall be removed from office and both he and the person making such offer as aforesaid shall be punished by imprisonment for not less than three months nor more than five years, or by a fine of not less than two hundred pesos nor more than two thousand pesos, or both, in the discretion of the court.
Any person who shall offer directly or indirectly to any voter, or any person who shall directly or indirectly accept or agree to accept, any money, goods or chattels, or any bank note, bank bill, bond, promissory note, duebill, bill of exchange, draft, order or certificate or any security for the payment of money or goods or chattels, or any deed in writing containing a conveyance of land or containing a transfer of any interest in real estate or any valuable contract, in force, or any other property or reward whatsoever in consideration that such person shall give or withhold any vote at any election, or who shall make any promise to influence the giving of withholding of any such vote, or who shall make or become directly or indirectly interested in any bet or wager depending upon the result of any election, shad be punished by imprisonment for not less than three months nor more than five years, or by a fine of not less than two hundred pesos nor more than two thousand pesos, or both, in the discretion of the court.
Any person who knowingly takes or subscribes any false oath, affidavit, or affirmation before any election officer, or before any court or other officer in relation to any material fact in any registration or election proceeding, shall be punished by imprisonment for not less than three months nor more than live years, or by a fine of not less than two hundred pesos nor more than two thousand pesos, or both, in the discretion of the court.
Any person, who, being challenged, shall refuse to take the oath or affirmation prescribed in section twenty-three of this Act, and shall cast his ballot, shall be punished by a line of not more than two hundred pesos, or by imprisonment for not more than six months, or both, in the discretion of the court.
Any person who causes or attempts to canst- his name to be registered, knowing that he is not a qualified voter in the district in which he registers, or who attempts to register, and any person who falsely represents himself as some other person to any election officer or board of registry, or who willfully gives a false answer : relative to any matter relating to the registration of a voter or to the right of any person to vote, or who willfully aids or abets any other persons m doing anv of the acts above mentioned, shall be punished by imprisonment for not less than one month nor more than one year, or by a fine of not less than one hundred pesos nor more than five hundred pesos or both, in the discretion of the court.
Any person who refuses to obey the lawful orders or directions of an election officer or member of a board of registry, or inspector, or who interrupts or disturbs the proceedings of any election or registry board at any registration or election, shall be punished by imprisonment for not more than one month or a line of not more than two hundred pesos, or both, in the discretion of the court.
Any person who intentionally writes, prints, posts, or distributes, or causes to be written, printed, posted or distributed, any circular or poster which is designed or tends to injure or defeat, any candidate for election to any public office, by criticising his personal character or political action, unless there appears upon such circular, or poster in a conspicuous place the name of the writer who is responsible therefor, with residence and the street and number thereof, if any, and any person who writes, prints, publishes, or utters, or causes to be written, printed, published, or uttered, or aids and abets the printing, publication, or uttering of anv anonymous or unsigned or fictitiously signed letter, communication or publication not disclosing the name of the author, criticising or relieeting upon the personal character, conduct, or honor of any candidate for election, and any person who. knowingly, delivers or aids in the delivery of any such letter or communication, shall be punished by imprisonment for not. more than three months, or by a fine of not more than two hundred pesos, or both, in the discretion of the court.
Any person who willfully or maliciously injures or destroys or secretes or carries away a ballot box, registry list, poll list, statement, ballot, stationery or other supplies furnished at any election, shall be punished by imprisonment for not more than one year, or a fine of not more than five hundred pesos, or both, in the discretion of the court.
Any person who willfully prevents any board of registry or of inspectors, or any other officer or person, charged with a duty under the terms of this Act, or hinders or molests such board, officer, or person from doing any such duty, or who aids or abets in preventing, hindering, or molesting such board, officer, or person from doing any such duty, shall he punished by imprisonment for not less than thirty days nor more than one year, or by a fine of not less than two hundred pesos nor more than five hundred pesos, or both, hi the discretion of the court.
Any person, who prints or distributes, or causes to be printed or distributed, a ballot at an election, except as hereinbefore provided, shall be punished by imprisonment for not less than thirty days, nor more than one year, or by a line of not less than two hundred pesos nor more than five hundred pesos, or both, in the discretion of the court.
Any person who willfully and without lawful authority obstructs or delays a yoter while on his way to the polling place where he is entitled to vote, or while he is voting or attempting to vote, or nids or assists in any such obstruction or delay, and any person who interferes or attempts io interfere with a voter while he is marking endeavors to induce a voter, before he has voted, to show how he mark or has marked his ballot, and any person who willfully on voting at an election, and any person who places a distinguishing mark on a ballot not cast by himself, except as hereinbefore shall be punished by imprisonment; for not less than one months, or by a fine of not more than one hundred nor more than five hundredpesos, or both, in the discretion of the court.
Any person who with intent to defraud, alters a ballot cast at an election or with such intent, deposits a ballot in the ballot box used at iin election, or in envelope provided by law for the preservation of ballots east at an election or, with such intent, removes a ballot from any such ballot box or envelope, shall be punished by imprisonment for not less than one month nor more than one year, or by a fine of not less than one hundred nor more than five hundred pesos, or both, in the discretion of the court.
Any person who removes a, ballot from the space inclosed by the guard rail before the close of the polls shall be punished by imprisonnient for not more than three months or by a fine of not more than one hundred pesos, or both, in the discretion of the court.
Any person who influences or attempts to influence a voter to give or to withhold his vote at an election by threatening to discharge such voter from his employment or to reduce his wages, or by promising to give him employment at higher wages, and any person who discharges any voter from his employment or reduces his wages lor giving or withholding his vote at an election, shall be punished by imprisonment for not less than thirty days nor more than one year, or by a, line of not less than two hundred pesos nor more than five hundred pesos, or both in the discretion of the court.
Any person who, by any manner of threat or intimidation, induces a vote to give or withhold a vote shall be punished by imprisonment less than thirty davs nor more than one year, or by a fine of not less than two hundred pesos nor more than five hundred pesos, in the discretion of the court.
Any person who violates the provisions of section twenty-eight shall be punished by imprisonment for not less than thirty days nor more than one year, or by a fine of not less than two hundred pesos nor more than five hundred pesos, or both, in the discretion of the court.
Any person who by any wrongful means, shall prevent or attempt to prevent, any voter from freely and fully exercising his right to vote, or shall induce or procure any voter to refuse or neglect to exercise his right, or shall so induce or procure any person to enter upon the registry list the name of any person or shall so induce or procure the receiving of the vote of any person not legally qualified, or shall so induce or procure any officer to give any certificate, document, or evidence in relation thereto, or shall so induce any officer in any manner to violate or to neglect bis duty with respect to any election, shall be punished by imprisonment for not less than thirty days nor more than one year, or by a fine of not less than two hundred pesos nor more than live hundred pesos, or both, in the discretion of the court.
Any person who, being disqualified for an office for any reason other than nonpayment of taxes, publicly announces his candidacy for any elective office, shall be punished by a line of not less than two hundred pesos nor more than five hundred pesos.
Whenever any person shall be convicted of an offense under this Act the fine and costs impose if any, imprisonment, at the rate of on *pesos of fine or costs remaining shall be extinguished by imprisonment in the rate of one day's imprisonment for each two pesos of fine or costs remaining unpaid.
SEC. 31. Jurisdiction of courts.— Courts of First Instance shall have exclusive original jurisdiction to issue process or conduct preliminary investigations and shall have entire jurisdiction in any criminal action or proceeding arising under this Act.
SEC. 32. Repealing section.—Acts Numbered Seventy-eight, One hundred and six, Three hundred and forty-three, Seven hundred and eighty-two, sections six, seven, eight, nine, ten, eleven, twelve, fourteen, twenty-three, ninety-one, ninety-two, ninety-three, ninety-four. and subsections (a) and (b) of section thirteen of Act Numbered Eighty-two, section four and the first two sentences of section twentv-one of Act Numbered Eighty-three, section six of Act Numbered Four hundred and twenty-four, and all Acts and parts of Acts amendatory of the Acts and sections herein enumerated or in any way in conflict with the provisions of this Act are hereby repealed: Provided, however, That the repeal of an amendment shall not be construed to revive the amended statute nor shall any statute be deemed revived by this repeal.
SEC. 33. This Act shall take effect on the fifteenth day of January, nineteen hundred and seven: Provided, That it shall not apply to elections for provincial governors to be held in the Provinces of Cavite and Isabela for the present year, in which provinces the said elections shall be conducted under the laws existing at the time of the passage of this Act.
Enacted, January 9, 1907.
SECTION 1. Short title.—This Act shall be known as the Election Law.
SEC. 2. Definitions and general provisions.—Terms used in this Act and Acts amendatory thereof and supplementary thereto shall have the meaning and be construed as follows, unless some other meaning is plainly apparent from the language or context, or unless such construction is inconsistent with the manifest intent of the legislators:
The terms "hoard of inspectors'' or "the hoard," when used herein shall mean the hoard of inspectors of election and the poll clerk. The hoard of inspectors shall act through its chairman upon a majority vole of the members, the poll clerk having neither voice nor vote in as proceedings.SEC. 3. Elections.— In all the municipalities in the provinces entitled to send Delegates to the Philippine Assembly and in the city of Manila, which is deemed and hereby declared to be a province within the meaning of section seven of the Act of Congress of July first, nineteen hundred and two, an election to elect such Delegates shall he held upon the thirtieth day of July, nineteen hundred and seven. The Delegates elected at such election shall take office upon the convening of the Philippine Assembly and shall hold office until their successors arc elected and qualified.
Whenever in this Act a provincial board, or a municipal council, is charged with the doing of an act, the same shall be deemed to include the Municipal Board of the city of Manila so as to charge it with doing the corresponding act with respect to elections required lo he held in said city.
Whenever a municipal secretary or provincial treasurer is charged herein with the doing of an act the same shall be deemed to include the secretary of the Municipal Hoard of the city of Manila so as lo charge him with doing the corresponding act with respect to elections required to he held in said city.
Subsequent elections for such Delegates shall be held on the first Tuesday after the first Monday in November of nineteen hundred and nine and of each odd-numbered year thereafter, and the Delegates elected at such election shall fake office upon the first day of January next following such election and shall hold office for two; years or until their successors are elected and qualified.
In all the municipalities in the provinces entitled to elect governors, an election for provincial governor and third member of the provincial board shall be held on the first Tuesday after the first Monday in November of nineteen hundred and seven, and upon the first Tuesday after the first Monday in November of each odd-numbered year thereafter. The provincial governors and third members elected at the elections in nineteen hundred and seven shall hold office from the first Monday in March, nineteen hundred and eight, until and including the thirty-first day of December, nineteen hundred and nine, or until their successors shall have been duly elected and qualified for office, and provincial governors and third members thereafter elected shall take office on the first of January next succeeding their election.
In all municipalities of the Philippine Islands an election shall be held on the first Tuesday after the first Monday of November and of nineteen hundred and seven, to elect municipal presidents and vice-presidents. The officers then elected shall take office on the first Monday of January following their election and shall hold office until the first day of January, nineteen hundred and ten, or until their successors are elected or appointed and qualified. Elections for municipal president and vice-president shall he held on t the first Tuesday after the first Monday of November of each odd numbered year thereafter and the officers elected shall take office on the first of January following their election and shall serve for two years or until their successors are elected or appointed and qualified.
In all the municipalities of the Philippine Islands an election for councilors shall he held on the first Tuesday after the first Monday in November of nineteen hundred and seven to elect successors to those councilors whose terms of office as fixed by law expire on the first Monday of January, nineteen hundred and eight. The councilors elected at such election shall take office on the first Monday of January, nineteen hundred and eight, and shall hold office until the first day of January, nineteen hundred and twelve, and until their successor are elected or appointed and qualified. An election shall beheld on the first Tuesday after the first Monday in November of nineteen hundred and eleven and of every fourth year thereafter to elect the successors of said councilors, and the persons elected at such elections shall take office on the first day of January following their election and shall hold office for four years and until their successors are elected or appointed and qualified.
Those municipal councilors elected in nineteen hundred and six for two years under the provisions of Act Numbered Eighty-two shall hold office until the first day of January, nineteen hundred and ten, and until their successors are elected or appointed find a qualified. An election shall be held on the first Tuesday after the first Monday of November, nineteen hundred and nine, and every fourth year thereafter to elect their successors. The persons elected at such elections shall take office on the first day of January following their election and shall hold office for four years or until their successors are elected or appointed and qualified.
So much of this Act as provides for elections of Delegates to the Philippine Assembly shall apply to the townships of Bulalacao, Calapan, Caluya Island, Lubang lsland, Mamburao, Naujan, Pinamalayan and Sablayan in Mindoro and in the townships of Cagayancillo, Coron, Cuyo, Puerto Princesa, and Taytay in Palawan, and the township of San Quintin in Ilocos Sur, which arc hereby declared to be municipalities and containing a sufficient proportion of civilized people, for the purpose of electing Delegates to the Philippine Assembly, and for no other purpose. The provincial hoard of the province in which said townships are situated shall perform the duties devolved by this Act upon municipal councils with respect to such elections for Delegate to the Philippine Assembly and shall perform them sufficiently in advance of the times herein prescribed that the rights of the people or the times in which acts or duties are herein required or permitted to be done shall not lie abridged. In said townships, at said elections the duties herein devolved upon municipal secretaries shall be done by the township secretary. The expense of such elections shall be borne by the townships ill which they are held.
The Governor-General. with the consent of the Philippine Commission, may postpone, for such time as may be deemed necessary any municipal or provincial election, when in the exercise of his reasonable discretion the presence of landronism or analogous cause, or of sedition or rebellion or analogous cause, or of public calamity or epidemic, shall render such action conducive to the public interest.
In all elections held under this Act a plurality of the rates legally cast shall elect,
SEC. 4. Vacancies and special elections.—Whenever a vacancy shall occur in an elective provincial office the Governor-General shall appoint a suitable person to fill the vacancy for the unexpired term and until the election and qualification of a successor.
Whenever a vacancy shall occur in an elective municipal office the same shall be filled by appointment, by the provincial board and the officer so appointed shall serve until the first of January following the next general election. If said next general election be one in the middle of the term of office the successor shall be elected for the unexpired term.
Upon the failure to elect any Delegate at any election at which the office is authorized to be filled, or upon the death or disqualification of a person elected a Delegate before the beginning of his official term, the Governor-General shall make a proclamation of a special election to fill such office for the unexpired term, specifying the district in which the election is to be held, and the date thereof, which shall not be less than forty nor more than ninety days, reckoned from the date of the proclamation.
Except in the case of a failure to elect as hereinbefore provided, a special election shall not he held to fill a vacancy in the office of a Delegate to the Assembly, unless such vacancy occur on or before the first day of February of the last year of the term of office, or unless occurring thereafter and a special session of the Assembly be called to meet before the next general election.
Whenever a, new municipality shall be created the Governor-General shall call a special election, to be held not more than three months after such call, by the qualified voters of such new municipality unless a general election is to be held within said three months or unless otherwise provided in the Act creating the same. At such election a president, vice-president, and the number of chosen, councilors appropriate to a municipality of its class, shall be chosen; of the number of councilors to be elected, the one-half receiving the smaller number of votes shall be declared elected for a term which shall expire on January first following the general election next after the election at which they were chosen; the one-half receiving the larger number of votes shall be declared elected for a term two years longer. In case such division can, not he made by reason of a tie between two or more candidates, the term of office of the tied candidates shall be determined by lot in the manner prescribed in section twenty-six of this Act. The terms of office, of the president and vice-president shall expire on the first of January of ninety hundred and eight, nineteen hundred and ten nineteen hundred and twelve, or any second year thereafter, as the ease may be. The successors of all such officers shall be elected at the generation preceding the expiration of their terms of office. Such new municipality shall come into existence as a separate corporate organization upon the qualification of the newly elected president! and vice-president and a majority of the newly elected council. The officers of the old municipality or municipalities who are residing in the territory comprising the new municipality shall unless an entire barrio or barrios are included in the district so separated, hold their offices until their successors are elected and qualified. For the first election in new municipalities the provincial board shall divide the new territory into election precincts and shall appoint the necessary inspectors of election and poll, clerks and a suitable person to perform the duties of municipal secretary with respect to such election, all of whom shall act until their successors are chosen and qualified as hereinbefore provided, and shall designate the necessary polling places and provide the supplies for such election, the expense of all of which shall be payable by the new municipality.
The boards of inspectors so appointed shall meet and register the qualified voters as hereinafter provided, and the election shall proceed under the provisions of this Act the necessary funds therefor being advanced by the province and afterwards collected from the new municipality. For such first election the provincial board shall act as a board of canvassers
Whenever a provincial or municipal election shall have resulted in a failure to legally elect one or more officers and a special election shall have been called and held thereafter for the office or offices to be filled and shall have resulted in a failure to legally elect one or more of such officers, the Governor-General, by and with the consent of the Philippine Commission, shall appoint a citizen of the Philippine Islands or of the United States to fill any such unfilled provincial office, and the provincial hoard, by and with the consent of the Governor-General, shall appoint a duly qualified elector of the municipality to fill any such unfilled municipal office. An officer so appointed shall hold office for the term for which the office should have been filled by election.
SEC. 5. The Philippine Assembly.—The Philippine Assembly shall consist of eighty-one members, apportioned among the provinces as follows:
When another province not hereinbefore included be added to the foregoing the Delegate or Delegates apportioned to it shall be in addition to the number eighty-one and such representation shall be in the ratio of one for every ninety thousand of population and one for an additional major fraction thereof. If at any time any change shall be made in the boundaries of the provinces at present, existing or any new province shall be created, a readjustment of the apportionment of Delegates of all provinces affected by such change of boundaries or by the creation of such new provinces shall be made on the basis of the original adjustment herein provided for: Provided, however, That at no time shall the total number of Delegates exceed one hundred.
Albay three Ambos Carnarines three Antique one Bataan one Batangas three Bohol three Bulacan two Cagayan two Capiz three Cavite one Cebu
seven Ilocos Norte two Ilocos Sur three Iloilo five Isabela one La Laguna two La Union two Leyte four Manila two Mindoro one Misamis two Nueva Ecija one Occidental Negros three Oriental Negros two Palawan one Pampanga two Pangasinan five Rizal two Romblon one Samar three Sorsogon two Surigao one Tarlac two Taynbas two Zambales one
In case am such new province shall be entitled to more than one Delegate it shall he divided into as many districts as it is entitled to Delegates. Said districts shall be composed of contiguous and compact territory as near as may be and contain as nearly as practicable an equal number of inhabitants.
Members of the Philippine Legislature, in all cases except treason, each of the peace, and felony which, for the purposes of this Act, shall he considered a crime punishable by death or imprisonment for four years or more, shall be privileged from arrest during their attendance at the session of the Legislature, and in going to and in reluming from the same: and for any speech or debate in either house they shall not be questioned in any other place.
No Delegate to the Philippine Assembly shall, during the time for which be was elected, be appointed to any civil office under the authority of the Government of the Philippine Islands which shall have been created or the emoluments whereof shall have been increased during such time: and no person holding any office under the Government of the Philippine Islands shall be a member of said Assembly during; his continuance in office.
SEC. 6. Compensation and expenses of delegates to the Assembly.—Unless otherwise provided by law each Delegate shall receive twenty pesos per day for each day of actual sitting of the Assembly, and shall also receive his actual and necessary expenses for transportation and subsistence en route of himself only, from his residence to Manila and return, once for each session he actually attends. No other compensation or expenses shall be paid to any Delegate.
The Assembly shall choose a Recorder to the Philippine Assembly who until otherwise provided by law shall receive twenty pesos for each day of the session and for such additional days as may be authorized by resolution of the Assembly for the purpose of completing the records of the session. Such additional clerks, stenographers, pages, and other subordinate employees to serve while the Assembly is in session as may be necessary shall be appointed by the Assembly at salaries, not to exceed that of the Recorder, as may be by it fixed, the whole sum for such purpose not to exceed twenty-five thousand pesos for the first session.
The Executive Secretary shall be the custodian of the records of the Legislature.
Stationery for the use of the Assembly shall lie provided by the Director of Printing to the extent of not exceeding five thousand pesos for the first session.
SEC. 7. Division into districts, and representation.—Each district for which provision is hereinafter made shall be entitled to elect one Delegate to the Assembly: Provided, however, That the whole number elected from any province shall not exceed the number prescribed for that province in section five of this Act.
The provinces hereinbefore mentioned as being entitled to elect more than one Delegate are hereby divided into Assembly districts, as follows:
Albay: First District—Composed of the municipalities of Bacacay, Libog, Malilipot, Malinao, Tabaco. and Tivi. Second District—Composed of the municipalities of Albay, Bato, Calolbon, Daraga, Legaspi, Manito. Pandan, Rapu-rapu, Viga, and Virac. Third District—Composed of the municipalities of Camalig, Guinobatan. Jovellar, Libon, Ligao, Oas, and Polangui.SEC. 8 . Election precincts.— Each municipality shall have least one election precinct. The municipal council in each municipalities containing more, than four hundred voters shall, at least sixty days before the first election held under the provisions of .this Act, divide the municipality into precincts in such manner that the same, so far as practicable, shall be composed of contiguous and compact territory, and shall contain not to exceed four hundred voters: Provided, however, That wherever any barrio or barrios of any municipality are made a part of a district in which the rest of the municipality is not included, the municipal council of the said municipality shall define the precincts of said barrio or barrios. If at anv election the number of voters registered in any election precinct shall exceed four hundred, the municipal council shall, at least four months before the following election, redistriet said municipality as above provided. Maps or plans plainly showing the boundaries of the precinct shall 1)0 posted and kept posted at the polling place or places and at two other conspicuous public places in each precinct for at least forty-live days before each election, and the plans of all the precincts of the municipality shall be kept posted at the municipal building for the same number of days before each election. Notice and plan of such redivision shall be filed with the provincial treasurer.
Ambos Camarines: First District—Composed of the municipalities of Capalonga, Daet, Cainza,. Indan, Labo, Libmanan, Lupi, Mambulao, Milaor, Minalabac, Pamplona, Paracale, Pasacao, Ragay, San Fernando, San Vicente, and Sipocot, Second District— Composed of the municipalities of Baao, Bato, Bula, Calabanga, Iriga, Magarao, Nabna, Nueva, Caceres, and Pili. Third District— Composed of the municipalities of Buhi, Caramoan, Goa, Lagonoy, Sagnay, San Jose, Siruma, Tigaon, and Tinambac,
Batangas: First District—Composed of the municipalities of Balayan, Calaca, Lemery, Nasugbu, Taal, Talisay, and Tanauan. Second District—Composed of the municipalities of Batangas, Bauan, Cuenca, and Ibaan. Third District—Composed of the municipalities of Lipa, Loboo, Rosario, San Jose, San Juan de Bocboc, and Santo Tomas.
Bohol: First District—Composed of the municipalities of Antequera, Baclayon, Calape, Corella, Cortes, Dauis Loon. Maribojoc, Panglao, and Tagbilaran. Second District—Composed of the municipalities of Alburquerque, Balilihan. Butuan, Bilar, Carmen, Dimiao, Inabanga, Loay, Loboc, Sevilla, and Tubigon. Third District—Composed of the municipalities of Anda, Candijay, Duero, Garcia,Hernandez, Guindulman, Jagna, Jetafe. Mabini, Sierra-Bullones, Talibon, Ubay. and Valencia.
Bulacan: First District—Composed of the municipalities of Bulacan, Calumpit, Hagonoy, Malolos, Paombong, and Quingua. Second District—Composed of the municipalities of Angat, Baliuag, Bocaue, Meycauayan, Polo, San Miguel, and Santa Maria.
Cagayan: First District—Composed of the municipalities of — Cagayan, Alcala, Amulung, Aparri, Baggao, Basco, Calayan, Camalaniugan, Gattaran, Tguig, Lal-lo, Peña Blanca, and Tnguegarao. Second District—Composed of the municipalities of Abulug, Claveria, Enrile, Mauanan. Pamplona, Piat, Sanehez-Mira, Santo Nino, Solatia, and Tuao.
Capiz: First District—Composed of the municipalities of Capiz,—Capiz, Dao. Panay, Panitan, Pilar, and Pontevedra. Second District— Composed of the municipalities of Dumalag, Dumarao, Iuisan, Jamindan, Mambusao, New Washington, Sapian, Sigma, and Tapas. Third District—Composed of the municipalities of Buruanga, Calibo. lhajay, Libaeao. Malinao, Nabas, and Taft.
Cebu : First District—Composed .of the municipalities of Bogo,Borbon, Carmen, Catmon, Danao, Pilar, San Francisco, Tabogon, and Tudela. Second District—Composed of the municipalities of Cebu, Liloan, Mandaue, and Opon. Third District—Composed of the municipalities of Carcar, Minglanilla, Naga, San Fernando, and Talisay. Fourth District—Composed of the municipalities of Argao, Dalagueto, and Sibonga. Fifth District—Composed of the municipalities of Alegria, Radian, Boljo-on, Ginatilan, Malabuyoc, Moalbual. Oslob, and Samboan. Sixth District—Composed of the municipalities of Alogujnsan, Barili, Dumanjug, Pinamungajan, and Toledo. Seventh District—Composed of the municipalities of Asturias, Ralamban. Bantayan, Daan-Bantayan, Medellin, San Remigio and Tuburan.
Ilocos Norfe: First District—Composed of the municipalities of Bacarra, Bangui, Laoag (exclusive of the barrio of San Nicolas), Pasuquin, Piddig, and San Miguel. Second District—Composed of the municipalities of Badoc, Batac, Dingras, Paoay, and the barrio of San Nicolas. Laoag.
Ilocos Sur: First District—Composed of the municipalities of Cabugao. Lapog, Magsingal, Santo Domingo, Sinait, and Vigan. Second District—Composed of the municipalities of Candon, Narvacan, Santa. Cruz, Santa Lucia, Santa Maria, Santiago, and Tagudin. Third District—Composed of the municipalities of Bangued, Bucay, Dolores. La Paz, Pilar, San Quintin (township), and Santa.
lloilo: First District—Composed of the municipalities of Guimbal, Miagao, Oton, and Tigbauan. Second District—Composed of the municipalities of Arevalo, Buenavista, and lloilo. Third District—Composed of the municipalities of Cabatuan, Leon, and Santa Barbara. Fourth District—Composed of the municipalities of Barotac Nuevo, Janiuay, and Pototan. Fifth District—Composed nf the municipalities of Balasan, Banate, Passi, and Sara.
La Laguna: First District—Composed of the municipalities of—La Laguna. Biñan, Cabuyao, Calamba, Calauan, Los Baños, Pila, San Pablo, San Pedro Tunasan, and Santa Rosa. Second District—Composed of the municipalities of Lilio, Luisiana, Lumban, Mabitac, Magdalena, Majayjay, Nagcarlan, Paete, Pagsanjan, Pangil, Santa Cruz, and Siniloan.
La Union: First District—Composed of the municipalities of —La union, Bacnotan, Balaoan, Bangar, Luna, San Fernando, and San Juan. Second District—Composed of the municipalities of Agoo, Aringay, Bauang, Naguilian, Santo Tomas, and Tubao.
Leyte: First District—Composed of the municipalities of Almeria, Baybay, Caibiran, Leyte, Merida, Naval, Ormoc, Palompon, and San Isidro. Second District—(Composed of the municipalities of Bato, Cabalian, Hilongos, Ilindang, Inopacan. Liloan, Maasin, Malitbog, Matalom, San Bicardo, and Sogod. Third District— Composed of the municipalities of Abuyog, Barugo, Burauen, Carigara, Dagami, Hinunanga, and Jaro.
Manila: First District—Composed of the districts of Binondo, Intramuros, San Nicolas, and Tondo. Second District—Composed of the districts of Ermita, Malate. Paco, Pandacan, Quiapo, Sampaloc, San Miguel, Santa Ana. and. Santa, Cruz.
Misamis: First District—Composed of the municipalities of Balingasag, Mambajao, Tagoloan and Talisayan. Second District—Composed of the municipalities of Cagayan, Initao, Jimenez, Langaran, Misamis, and Oroquieta.
Occidental Negros: First District—Composed of the municipalities of Cadiz, Escalante, Manapla, Sagay, San Carlos, Saravia, Silay, and Victorias. Second District—Composed of the municipalities of Bacolod, Bago, La Carlota. Murcia, Talisay, and Valla-dolid. Third District—Composed of (lie municipalities of Binalbagan, Cauayan, Ilog, Isabela, Jimamaylan, Jinigaran, and Pontevedra.
Oriental Negros: First District—Composed of the municipalities of Ayuquitan, Bais, Dumaguete. Guiljungan. Tanjay, and Tayasan. Second District—Composed of ihe municipalities of Bacon, Dauin, Lazi, Larona, Lnznriaga, Siaton. Siquijor. and. Tolong.
Pampanga: First District:—Composed of the municipalities of Angeles, Bacolor, Florindablanca, Guagua. Lubao. Macabebe, Porac, and Santa, Rita. Second District—Composed of the municipalities of Apalit, Arayat, Candalia, Mabalaeat Magalan Mexico, San Fernando, and San Luis.
Pangasinan: First District—Composed of the municipalities of Agno, Aguilar, Alaminos, Anda, Bani, Bolinao, Infanta, Lingayen, Salasa, San Isidro, and Sual. Second Distric Composed of the municipalities of Binmaley, Dagupan, Mangatarem, San Carlos, and Urbiztondo. Third District—Composed of the municipalities of Alava, Bayambang, Calasiao, Malasiqui, Mangahlan, San Fabian, and Santa Barbara. Fourth District—Composed of the municipalities of Alcala, Bautista, Binalonan, Manaoag, Pozorrubio, San Jacinto, Urdaneta, and Villasis. Fifth District—Composed of the municipalities of Asingan, Balungao, Natividad, Rosales, San Manuel, San Nicolas, San Quintin Santa, Maria, Tayug, and Umingan.
Rizal: First District—Composed of the municipalities of Caloo-can, Malabon, Navotas, Parañaque, Pasay, San Felipe Neri, San Pedro Macati, and Taguig. Second District—Composed of the municipalities of Antipolo, Binangonan, Mariquina, Morong, Pasig, Pililla, San Mateo, Tanay, and Taytay.
Samar: First District—Composed of the municipalities of Allen, Bobon, Calbayog, Capul, Catarman, Catubig, Laoang, Lavezares, Oquendo, Palapag, Pambujan, and San Antonio. Second District— Composed of the municipalities of Almagro, Basey, Calbiga, Catbalogan, Gandara, Santa Rita, Santo Nino,Tarangnan, Villareal, Wright, and Zumarraga. Third District—Composed of the municipalities of Balangiga, Borongan, Dolores, Guiuan, Llorente, Oras, San Julian, Sulat, and Taft.
Sorsogon: First District—Composed of the municipalities of Bacon, Barcelona, Bulusan, Casiguran, Castilla, Gubat, Irosin, Juban, Matnog, Prieto-Diaz, Santa Magdalena, and Sorsogon. Second District—Composed of the municipalities of Aroroy, Bulan, Cataingan, Dimasalang, Donsol, Magallanes, Mandaon, Masbate, Milagros, Mobo, Pilar, Placer, Pulanduta, San Fernando, San Jacinto, San Pascual, and Uson.
Tarlac: First District—Composed of the municipalities of Camiling, Moncada, Paniqui, and Pura. Second District—Composed of the municipalities of Bamban, Capas, Conception, La Paz, Tarlac, and Victoria.
Tayabas: First District—Composed of the municipalities of—Tayabas, Atimonan, Baler, Infanta, Lucban, Lucena, Mauban, Pagbilao, Polillo, Sampaloc, Sariaya, Tayabas, and Tiaon. Second District— Composed of the municipalities of Alabat, Boac, Calauag, Catanauan, Gasan, Guinayangan, Gumaca, Lopez, Mulanay, Pitogo, Santa Cruz, and Torrijos.
The provincial boards of each of the above-named provinces, within ten weeks after the passage of this Act, shall cause to be prepared and filed with the Executive Secretary an outline map or plan of each of the Assembly districts within such province, showing the location and names of the municipalities, or portions thereof, included in each district. A copy of the said map or plan shall also be posted and kept posted in at least three conspicuous public places in each municipality and barrio thereof composing each district, at least ninety days prior to every general election.
SEC. 9. Designation and arrangement of polling places.—At least sixty days before, each general election the municipal council in each municipality in which such elections are to be held shall designate in each election precinct a. place, as centrally located with respect to the residences of the voters as is practicable, where the elections and the meetings of the board of inspectors for registration hereinafter provided for shall he held during the year. Each such place so designated shall, if practicable, be a room upon the lower floor, of reasonable size, sufficient to admit and comfortably accommodate twenty electors at one time outside the guard rails. No liquors shall be sold or cockfights held in any building so designated from the time of designation until the day after election. If for any cause a place so designated shall thereafter and before election be destroyed or for any cause can not bo used, the municipal council shall forthwith meet and designate; some other suitable place for holding such registry and election. Not know than one polling place shall be in the same room, and not more than two polling places shall lie in the same building. The municipal council shall provide for each polling place at each election the necessary ballot and other boxes, guard rail, booths, stationery and supplies necessary for the lawfu conduct of each registration and election thereat; shall preserve the same when not. in use and shall deliver all such ballot or other boxes for each polling place at the opening of the polls of each election. Whenever the municipal council shall be unable to procure suitable places, or whenever it shall be more economical so to do, such council may provide temporary or portable structures adequate to the purpose, and shall take such measures as are proper and neeessarv lor the storing thereof and reerection. of the same at the following election. Such structures may be erected in any public street or plaza, but not so as to block traffic thereon. No building owned or inhabited by any person who is a candidate for any office for which votes are to be cast in any precinct shall be used as a polling place for that; precinct.
There shall be in each polling place during each election a sufficient number of voting booths not less than one for every fifty voters in the election precinct. Each such booth shall be at least one meter square, shall hau four sides inclosed, each at least two meters high, and the one in front shall open and shut as a door swinging outward and shall extend to within fifty centimeters of the floor. Each such booth shall contain a shelf which shall be thirty centimeters wide extending across one side of the booth at a convenient height for writing, and shall be kept furnished with indelible pencils to enable the voters to conveniently prepare their ballots for voting. Each booth shall be kept clearly lighted, while the polls are open and until the canvass is completed, by artificial lights if necessary. A guard rail shall be placed at each polling place at least two meters from the ballot boxes and from the booths, and no ballot box or booth shall be placed within two meters of such rail, and each guard rail shall be provided with an entrance and exit, the one separate from the other. The arrangement of the polling place shall be such that the booths can only be reached by passing within the guard rail, and that, the booths, ballot boxes, election officers, and every part of the polling place, except the inside of the booths, shall be in plain view of the election officers and of persons just outside the guard rail. Such booths shall be so arranged that there shall be no access thereto except by the door in the front of said booth.
A printed copy of this Act, in English and Spanish, shall be hung and kept in a conspicuous available position in everv polling place on all registration days and on election day and may be consulted by any voter or person offering to register.
SEC. 10. Liquors, cockfighting and booths in vicinity.— No intoxicating liquors shall be sold or dispensed within thirty meters of any polling place on any registration day nor within one hundred and fifty meters of any polling place on any election day during the hours for voting; nor shall any temporary booths, tents, or shelters of any kind for the sale or display of any warts, merchandise, or refreshments, solid or liquid, or for any other purpose whatsoever, be erected or maintained on said days within said distances during the hours aforesaid; nor shall any cockfight be held in any municipality upon any election day.
SEC. 11. Notices of special elections.—The Executive Secretary, upon the filing in his office of the Governor-General's proclamation ordering a special election, shall forthwith make and transmit to the treasurer of each province a. notice under bis band and official seal, stating the day upon which such election shall be held and stating each office to be voted for at: such election by the electors of the political division affected. If any such officer is to be elected to filI a vacancy, the notice shall so state and shall state the term for which such office is to be filled. The provincial treasurer upon the receipt of such notice shall forthwith file and record the same in his oliice and cause a copy thereof to be mailed to the secretary of each municipality affected. Each municipal secretary upon receipt thereof shall forthwith tile and record the same and shall cause at least three copies thereof to be posted in three conspicuous public places in each election precinct of such municipality and one copv thereof at the municipal building.
SEC. 12. Qualifications of officers.—A Delegate to the Philippine Assembly must be at the time of his election a qualified elector of the district from which be may be chosen, owing allegiance to the United States, and not less than twenty-five years of age.
Provincial governors and third members of provincial boards must be at the time of the election qualified electors in the province; they must have been, botin. pile residents therein for at least one year prior to the date of their election; must owe allegiance to the United States, and must be not less than twenty-five years of age: Provided, however, That the provisions of this section shall not apply to those persons or cases where the Governor-General shall appoint a provincial governor or third member of a provincial board under the existing provisions of law.
An elective municipal officer must have been, at the time of the election, a qualified voter and resident in the municipality for at least one year, owing allegiance to the United States; he must be not less than twenty-three years of age and be able to read and write intelligently either Spanish. English, or the local dialect: Provided, That a person ineligible for office by reason of nonpayment of taxes who is elected to any office may remove such ineligibility by the payment of the taxes before the dated fixed by law for assuming office but not afterwards.
Unless fully pardoned, no person who has been convicted of a crime which is punishable by imprisonment for two years or more shall hold any public office, and no person disqualified from holding public office by the sentence of a court or under the provisions of Act Numbered Eleven hundred and twenty-six shall be eligible to hold public office during the term of his disqualification.
The official acts of a. person who is elected and assumes office when ineligible thereto shall not be invalid, but such office shall be vacated in the manner following immediately upon discovery of such ineligibility:
Any member of a provincial board or other person who has in formation that the provincial governor or third member is ineligible shall at once report the matter to the Governor-General who shall order an investigation by such officer or, officers as he may appoint for ihe purpose, giving the governor-elect or third member elect, as the case may be, opportunity to present evidence in bis behalf, and upon the report thereof shall declare the office vacant, or dismiss the proceedings, as the facts may warrant.
Any councilor or other municipal officer or other person who has information that a municipal officer is ineligible shall immediately report the matter to the municipal council which shall hold an investigation giving the officer opportunity to present the evidence in his favor. The council shall declare the ofii the proceedings as the facts may warrant. A r ings and evidence shall he kept and forward-board which, within thirty days, shall affirm of the council.
SEC. 13. Qualifications ofvoters.—Every male person twenty-three years of age or over who has had a legal residence for a period of six months immediately preceding the election in the municipality in which the exercise the suffrage, and who is not a citizen or subject of any foreign power, and who is comprised within one of the following three classes—
(a) Those who. prior to the thirteenth of August, eighteen hundred and ninety-eight, held the office of municipal captain, gobernadorcillo, alcalde, lieutenant, cabezade barangay, or member of any ayuntamiento:SEC. 14 Disqualifications.—The following persons shall be disqualified from voting:
(b) Those who own real property to the value of five hundred pesos, or who annually pav thirty pesos or more of the established taxes:
(c) Those who speak, read, and write English or Spanish— shall be entitled to vote at all elections: Provided, That officers, soldiers, sailors, or marines of the Army or Navy of the United States shall not be considered as having acquired legal residence within the meaning of this section by reason of their having been stationed in the municipalities for the required six months.
(a) Any person who is delinquent in the payment of public taxes assessed since August thirteenth, eighteen hundred and ninety-eight:SEC. 15. Inspectors of election.—It shall be the duty of the municipal council in each municipality wherein an election is to beheld to appoint on the first Tuesday of June of the year nineteen hundred and seven and on the first Tuesday of September in each year thereafter during which a regular election is to be held three inspectors of election, and one poll clerk for each election precinct iherein who shall hold office for two years from said Tuesday. Should there be in such municipality one or more political parties or branches thereof which shall have polled thirty per centum or over of the votes cast at the preceding general election, then two of the said inspectors shall belong to the party which polled the largest number of votes in said municipality at the said preceding elect inn and the other inspector shall belong to the party which. polled the next largest number of votes at said election: Provided, however, That at the first election held under this law appointments of inspectors and poll clerks may be made without regard to political part ics.
(b) Any person who has deen deprived of the right to vote by the sentence of a court of competent jurisdiction since August thirteenth, eighteen hundred and: ninety-eight:
(c) Any person who has taken and violated the oath of allegiance to the United States :
(d) Any person who on the first day of May nineteen hundred and one, or thereafter, was in arms in the Philippine Islands against the authority or sovereignty of the United States, whether such person be an officer, soldier, or civilian:
(e) Any person who. since the hist day of March, nineteen hundred and one, has made or hereafter shall make contribution of money or other valuable thing in aid of any person or organization against the authority or sovereignty of the United States, or who shall demand or receive such contribution from others, or who shall make any contribution to any person or organization hostile to or in arms against the authority or sovereignty of the United States, for the purpose of securing any protection, immunity, or benefit;
(f) Any person who, since the last day of Maivh. nineteen hundred and one. has or hereafter shall in any manner whatsoever give aid and comfort to any person or organization in said Islands in opposition to or in arms against the authority United States:
(g) Insane or feeble-minded persons:
Provided, That the provisions of subsection to those persons who surrendered in Cebu to Brigadier-General Hughes or to those who were on October thirty-first, nineteen hundred and one, inhabitants of the town of Pilar in the Province of Sorsogon: And provided further, That the provisions of subsections (d), (e). and (f) shall not apply to acts done prior to the surrender by persons who surrendered to Brigadier-General Samuel Sumner in the Province of La Laguna in the month of June, nineteen hundred and one: And Prorided further, That the disqualifications prescribed in the foregoing subsections (d), (e), and (f) shall not apply to persons who have received the benefits of an amnesty Miid have not since committed any of the acts set forth in said subsections.
Said inspectors shall be ineligible to be elected or appointed to any other office during their term of office. No person who holds any public olrice. or is a candidate for public office, shall be eligible to appointment as inspector or poll clerk, or serve as such after he becomes a candidate.
All persons appointed inspectors of election or poll clerks shall he qualified electors of their respective precincts, of good character, not: convicted of an offense involving moral turpitude and able to read, write, and speak either English, Spanish, or the local dialect understandingly. The persons so appointed shall be notified and shall each take and subscribe before the municipal secretary the following oath of office within twenty days after the date of the notice of appointment:
PHILIPPINE ISLANDS,Whoever shall be appointed and sworn into otiice as inspector of election or poll clerk shall receive a certificate of appointment from the municipal president in such form as he shall prescribe, specifying the election precinct, the name of the person appointed and the date of the expiration of his term of office. In case of ft vacancy in the office of inspector of election or poll clerk the samjj; shall be filled for the remainder of the ten council.
Municipality of ..................................OATH OF INSPECTOR.
I........................................................................., do solemnly swear (or affirm) that I will faithfully and fairly perform the duties of inspector of election for the ............ precinct of.................................. to the best of my knowledge, understanding and ability; that I recognize and accept the supreme authority of the United States of America in these Islands and will maintain true faith and allegiance to the United States of America; that I will support the Government and laws of the United States of America and of the Philippine Islands; that I will honestly and justly administer my duties according to the election law without prejudice or favor toward any person, candidate, party, society, or religious sect, and that I take this oath freely and without evasion or mental reservation whatsoever. So help me God.
(In case of affirmation the words "So help me God" should be stricken out.).......................
(signature.)
Sworn to before me this ......... days
of ...................................., 190 ...........................................................................
(Signature of officer administering oath.)
Before otherwise entering upon their duties the inspectors of each precinct shall meet and appoint one of their number chairman, or, if a majority shall not agree upon such appointment, they shallifcf draw lots for such position. If at the time of any meeting of the inspectors there shall be a vacancy in the office or poll clerk, or if any inspector shall be any meeting, except as provided in section sevente inspector or inspectors present shall appoint a the precinct who. in case of an inspector, shall same political party as the absent inspector. until such absent officer shall appear or the hereinabove provided. If at any such time the offices of inspectors are all vacant, or if no inspector shall appear within one hour, after the time fixed by law for the opening of such meeting the qualified electors of the precinct present, not less than ten, may designate three qualified voters of the precinct to fill such vacancies, or to act in the place of such inspectors respectivelv until the absent inspectors respectively appear or their vacancies are filled by the council as hereinabove provided. In case of the filling of vacancies by the inspectors, or by the oualifiod voters of the precinct, the inspectors so appointed shall lake the oath before the chairman of the board, or if he be not present shall administer it among themselves, and such oaths shall be forwarded forthwith to the municipal secretary for filing. s
SEC. 16. Preservation of order by inspectors.—All meetings of the board of inspectors shall be public. The said board and each individual member thereof, shall have full authority to preserve, peace and good order at such meetings and around the polls, and to keep the access thereto open and unobstructed, and to enforce obedience to their lawful commands during their meetings. The said board may appoint one or more electors fo communicate their orders and directions and to assist in the performance of their duties in this section enjoined. If any person shall refuse to obey the lawful command of the inspectors, or by disorderly conduct, in , their presence or hearing, shall interrupt or disturb their proceedings, they may make an order in writing direction any peace officer to take the person so offending into custody and detain him until the adjournment, of that meeting: but such order shall not be so executed as to prevent the person so taken into custody from exercising his right to vote at such election. Such order shall be executed by any peace officer to whom the same shall be delivered; but if none shall be present, by any other person deputed by such board in writing.
SEC. 17. Registry of voters.—The board of inspectors for each election precinct in which an election is to be held shall hold four meetings for the registry of voters at the place designated therefor or striking names therefrom in accordance with the orders of the constituted authorities, as hereinafter provided, and to number and complete the list. Each meeting except the last shall begin at seven o'clock in the morning and continue until seven o'clock in the evening with not more than one intermission of one hour and half.
The inspectors of each election precinct shall prepare at such meeting a list of ihc names and residences of the persons qualified tu vote in such precinct at such election who present themselves for registration, which, when finally completed, shall be the register of the voters ni: the precinct for such election. Such lists shall be arranged in columns. In the first column there shall be entered, at the time of the completion of the registry, a number, opposite the name of each person registered, beginning with one and continuing in consecutive order to the end of the list. In the second column shall be placed the surname used generally by such persons in alphabetical order; in the third column the respective Christian names of such persons: in the fourth column the respective numbers of the cedullas of such persons, for the calendar year in which the election is held : in the fifth column the respective residences of such person by street and numher or, if there be none, by a brief description of the locality thereof. At each meeting, except the last, a space shall be left after each set of surnames beginning with the sune letter sufficient for the addition thereto at subsequent meetings of surnames beginning with the same letter. Before any such names are added at any such subsequent meeting there shall be written "added at the second meeting." "added at third meeting" or "added at fourth meeting," as the case may be. Before any name is placed upon the list the applicant for registration must first exhibit to the inspectors his cedula for the calendar year in which the election is held or. should he be exempt from having one hv reason of age. such fact shall be noted in the fourth column of the list. The following oath shall also be administered to and subscribed by each applicant before entering his name itpon the list:
PHILIPPINE ISLANDS,Such oath may be administered by any one of the inspectors, but only at a meeting and in presence of the board. Upon completion of the lists by the board of inspectors all such oaths so taken shall be filed with the municipal secretary who shall retain them until the completion of the registry lists and filing of the oath for the next general election.
Municipality of ...............................ELECTOR S OATH.
I..................................................................................., do solemnly swear (or affirm) that I am a male resident of the municipality of ......................................... in the Province of......................................, residing at................................. and on the date of the forthcoming election I will be.................................... years of age, and should I present, myself to vote I will have resided in said municipality continuously for the period of six months immediately preceding the said election : that I am not a citizen or subject of any foreign power: that I have read (or heard read) sections thirteen and fourteen of the election law, and that I have the qualifications of a voter and none of the disqualifications, prescribed in said sections; that I am not delinquent in the payment of any public taxes assessed against or due from me since August thirteenth, eighteen hundred and ninety-eight, in any part of the Philippine Islands; furthermore, that I recognize and accept the supreme authority of the United States of America in the Philippine Islands, and that I will maintain true faith and allegiance thereto; that I will obey the lavis, legal orders, and decrees duly promulgated by its authority; and that I impose upon myself this obligation voluntary and with out mental reservation or purpose of evasion. So help me God.
(In case of affirmation, the words "So help me God" should be stricken out.)......................................
(Signature of elector.)
Subscribed and sworn to (or
affirmed) before me this................
day of ................................. 190................................................................................
(Inspector of election, ............election precinct, municipality of ............)
At the close of each meeting for the registry of voters the inspectors shall append to each of the lists their certificate that the list as it then appears is a true and correct list of the names and residences in such precinct of all persons who have personally appeared before the board and who have requested that their names be placed thereon and who are qualified at the forthcoming election.
One copy of such list, so certified, shall he deposited temporarily in the office of the municipal secretary on the Monday following the second and fourth meetings to lie open io the inspection of the public until the next meeting, or until election day as the case may be, and the other copies shall lie retained by the inspectors who shall permit their inspection by qualified voters of the precinct from eight o'clock in the morning to five o'clock in the afternoon on .all days except Sundays and legal holidavs.
Any person who applies for registration, or who is registered, may, at any of the first four meeting of the board, be challenged by any inspector or anv qualified elector of the precinct; the board shall thereupon examine him and take such other evidence as shall to it seem necessary with respect, to his qualifications and disqualifications and shall at the conclusion of such examination order his name to be placed upon the list, or stricken therefrom, as the facts warrant. The hoard of inspectors shall have the same powers to subpoena witnesses and compel their attendance and testimony as is now possessed by justices of the peace under the Code of Civil Procedure, but the fees of such witnesses and for service of process shall be paid in advance by the party in whose behalf they are subpoenaed. All such questions shall be heard and decided without delay. At the determination of the question the board shall, if requested, issue to either party a brief certificate and statement of , its action in the matter and of the evidence upon which such action is based. Either party thereto, or any person who has been refused registration, may thereupon apply to the provincial board of the province or to the judge of the Court of First Instance in the judicial district or any contiguous district, if anv such judge is more accessible than the judge in the district, which board or judge is hereby given jurisdiction in the premises, for an order directing said board of inspectors to lake the action deemed proper. Such application shall be made by filing with said provincial board, or with said judge, a copy of the certificate and statement aforesaid and of proof of service of a notice of such application upon a member of the board of inspectors, which notice shall slate the time and place and tribunal to which such application will be made. The tribunal with which such notice is first filed shall have exclusive jurisdiction in determining the matter. Such application may be accompanied bv affidavits in support thereof; but copies of all such affidavits shall be served upon the hoard of inspectors or partv in interest with the notice of application and may be rebutted bv affidavits to he filed by the board of inspectors or the opposing party. Upon such applications ihe board of inspectors may he represented bv the provincial fiscal, or it may delegate one of its members to appear upon the bearing, and in that case the necessary traveling expenses of such member, not to exceed the amount allowed the provincial officials in that province, shall be paid by the municipalitv. During the absence of such inspector the poll clerk shall sit with the board for ihe purpose of preparing the list of the absent inspector. At the meeting of the board on the Saturday preceding election it shall he the duty of each inspector to make in the registry list opposite the name of each person added or stricken off the list a note of the date of the order and of the name of the tribunal which issued it. No name shall be added to or stricken from the list at the last meeting except in pursuance of such orders.
No person shall vote at any general or special election held under the provisions of this Act unless his name appears upon the voters as completed by the board of inspectors.
SEC. 18. Registry for special elections.—At special elections there c onlv one meeting for registry, which shall be ten days ilit' dav designated for such special election, and the register of voters for the last preceding general election, to which shall be added at such meeting, or to which shall have been added at previous similar meetings, the names of such persons as present themselves who are known or proven to be entitled to vote at such special election, shall be the register of voters for the same.
SEC. 19. Pay of inspectors ami expenses of election.—.Each inspectors specfor of election shall receive pay for each day of actual service at meetings of the board except the meeting on the Saturday before election and shall receive two davs' pay for election day. Each poll clerk shall receive pav for each day of his service during the absence of a member and two days pay for election day. The rate of pay shall be fixed bv the municipal council but shall not be less than two nor more than five pesos per day and shall not be changed during the term of office of the inspectors or of the clerk. The pay of election boards and the expense of stationery, ballots, and all other expenses of election shall be paid out of the treasury of the municipality in which the election is held.
SEC. 20. Official ballots.—Official ballots shall be provided at public expense for every election held under this Act. There shall bo at each polling place but one form of ballot, which shall be of ordinary white print intr paper in shape a strip one hundred and fourteen millimeters wide and three hundred and four millimeters long, and contain a printed heading of the title of each office to be voted for and the number of candidates for which the voter may vote, with a corresponding: number of spaces underneath the title. Such titles shall be printed both in Spanish and English in ten point, (long primer) roman type and at the top of the ballot shall appear in eight point (brevier) gothic type both in English and Spanish the legend "Do not make any mark on this ballot or write anything thereon but the names of the candidates you vote for. Any violation of this instruction will invalidate the ballot." The ballots shall be folded three times toward the top, so that they shall be one hundred and fourteen by thirty-eight millimeters when folded. Upon the upper outside fold there shall be printed in type which shall be discretionary with the Director of Printing.
but which shall be uniform throughout the Islands, the words "Official Ballot" a representation of the Coat of Arms of the Philippine Islands, the election precinct in which the particular ballot is intended to be used, and the date of the election, such ballots to be in substantially the following torm:
I M A G E
Pls. see page 64 of volume 6
Pls. see page 64 of volume 6
no other ballot than the official ballot shall be used or counted except that if in case of failure to receive the ballots, or their destruction at such time as shall render it impracticable to procure from the Direclor of Printing a new supply, the provincial board or, if ihere be not time therefor, then the municipal council, shall procure from any available source another set which shall lie as nearly like which prescribed in this section as circumstances will permit and which shall be uniform within each election precinct.
For each election precinct at least thirty sample ballots printed upon colored paper but in other respects like the official ballots shall be furnished the board of inspectors for posting and use in demonstrating how to filI out and fold the official ballots properly. Five of such sample ballots shall be posted in public places within the precinct, including one at the polling place. In such demonstration the names of actual candidates shall not he written on such ballots nor -hall such ballots be used for voting nor counted.
The ballots shall be furnished, by the Director of Printing at the expense of the municipality upon requisition therefor by the provincial treasurer in the usual form, which requisition shall he for such a number of ballots for each voting precinct as will provide one and one-half as many ballots as there were persons registered in the precinct ai the last preceding election and ten per centum additional. In the case of newly-formed precincts the requisition shall be for a number of ballots in like proportion to the estimated number of qualified voters in the precinct as adopted by the council under section eight hereof. The requisitions shall be forwarded at least two and one-half months before the dale of the election. They shall also specify what offices arc to he filled in each precinct. In the case of special elections the Executive Secretary shall require the Direclor of Printing to furnish the requisite ballots in the same quantifies as wore requisitioned for the last regular election and the cost of furnishing the same shall he a charge against the municipality to which furnished.
SEC. 21. Conduct of elections.—At all the elections held under the provisions of this Act the polls shall be open from seven o'clock in the morning untill five in the afternoon during which period not more than one member of the board of inspectors shall be absent at one time, and then for not to exceed twenty minutes at one time. The inspectors of election and poll clerks shall meet one-half hour before the time fixed for the opening of the polls af the place designated, and shall then and there have the ballot box, box for spoiled ballots, the ballots and all other supplies provided by law. At the opening of the polls the ballot box and box for spoiled ballots shall be opened by the chairman, emptied and exhibited to all the members and other voters present, and, being empty, shall be closed, locked, and a seal placed over the lock, and the boxes shall be kept closed and sealed until the polls are closed, when the ballot box shall be opened to count the votes: Provided, however, That when necessary to make room for more allots the chairman may open the box in the presence of all the board and press down the ballots with his hands without removing therefrom : he shall then close, lock and seal the box, as hereinbefore provided. In case of the destruction of the boxes or he failure to deliver them at the polling place, the board of inspectors shall immediately provide other boxes or receptacles as y as possible adequate for Ihe purposes for which intended. From the time the polls are opened until the votes are counted, and the result announced as hereinafter provided, no person other than members of the board of inspectors, or necessary police, Constabulary, or other peace, officer who may be present at the request of the board to execute its orders, or to serve the process of a court, or to net as messenger, and voters receiving or depositing their ballots, shall be allowed within the guard rail in the polling place, nor shall any be or remain within thirty meters of the polls. No persons, other than voters while waiting to vote or voting, shall congregate or remain in the distance of thirty meters of the polling place, nor shall any person solicit voles or do an tioneering within such distance: Provided, forever, That during the counting of the votes by the board, a number of qualified voters of the precinct, not to exceed six, who shall represent as evenly as possible the opposing candidates voted for, and be named by such candidates, shall be allowed within the polling place, but not within the guard rail, as watchers. Such watchers shall he allowed to freely witness the count and to hear the proceedings of the board and to take notes of what they see and hear, but shall not touch the ballots nor convers with the inspectors nor any of them, nor with each other in such manner a interrupt the proceedings. No member of officer shall, before the announcement of statement of the number of ballots east, the for any person, the name of any person has not voted, or of any other fact tending to how the state of the polls, nor shall he make anv statement al any time, except as a witness before a court, tending to show how any person voted.
SEC. 22. Toting.—While the polls are open the voters who are entitled to vote and who have not already voted at that election may enter within the guard rail of the polling place in such order that, besides the persons lawfully in such place for purposes other than voting, there shall not be within said place at any one time more than twice as many voters as there are voting booths therein. Upon entering the voter shall give to one of the inspectors his name and residence together with such other information concerning himself as should appear on the registry list and may be requested of him by any of the inspectors. Said inspectors shall then distinctly announce the voter's name and residence in a tone loud enough to he plainly heard throughout the polling place. If such person be entitled to vote and he not challenged, or, if challenged and the same be decided in his favor, the poll clerk shall deliver to him one ballot correctly folded. No person other than an inspector or poll clerk shall deliver to anv person anv official ballot, and no inspector shall deliver or permit to he delivered any official ballot to any person other than a voter at the time of voting, as herein provided, nor more than one ballot to such voter at one time. The voter on receiving his ballot shall forthwith retire alone to one of the empty polling booths and shall there prepare his ballot by writing in the proper space for each office the name of the person for whom he desires to vote. A voter otherwise qualified who declares that he can not write, or that from blindness or other physical disability he is unable to prepare his ballot, may make an oath to the effect that he is so disabled and the nature of his disability and that he desires one or two of the inspectors named by him to assist him in the preparation of such ballot. The board shall keep a record of all such oaths taken which shall show the name or names of the inspector or inspectors assisting the voter, and file the same with the municipal secretary with the other records of the board after the election. The inspector or inspectors so named as aforesaid shall retire with the voter and prepare his ballot according to his wishes. The information thus obtained shall be regarded as a. privileged communication. No voter shall be allowed to occupy a booth already occupied by another voter, or to occupy it booth more than eight minutes in case there are voters waiting to occupy booths, or to speak or converse with anyone other than as herein, provided while within the polling place. It shall be unlawful to erase any printing from the ballot or to add any distinguishing feature thereto, or to intentionally tear or deface the same, or to make any mark thereon other than the names of the candidates voted for.
If a voter shall soil or deface a ballot so that it can not lawfully be used, he shall surrender the same to the poll clerk, who shall, if necessary, give him one at a time, not to exceed two more. Each ballot given io a voter shall be announced to the inspectors and a record thereof kept opposite the name of the voter in the registry list in a column provided for that purpose. Each spoiled ballot, as soon as returned, and without opening, shall be distinctly marked "spoiled" on the indorsement fold thereof and immediately placed in a ballot box similar to the official ballot box, which shall be plainly marked "spoiled ballots." together with the name of the municipality and number of the election precinct in which used, which shall be used for no other purpose and which shall be kept locked, and at the close of election be sealed up and delivered to the municipal secretary.
No ballot, spoiled or otherwise, shall be taken from the polling place, except as hereinafter provided. After properly preparing his ballot, the voter shall immediately return to the poll clerk, who shall again announce his name and residence, and the chairman of the board shall receive the ballot and without exposing the contents, shall deposit if in the ballot box in the presence and view of the voter. The fact that he has voted shall be recorded by,placing it mark opposite the voter's name on each of the registry lists in a column provided for that purpose. The voter shall then depart,
SEC. 23. Challenge.—Any qualified voter of the election precinct, if he believes that: any person who is not registered is offering or attempting to vote, or to vote in the name of another, or to vote illegally in any manner, may challenge the vote of such person, and the board shall thereupon take the oath of such person, or otherwise satisfy itself thai he is or is not a registered voter in said precinct. For the purpose of receiving and counting the vote it shall be sufficient if the person challenged shall prove that he is tlie identical person duly registered as hereinbefore provided; but the reception and counting of the vote shall not be conclusive upon any court of the legality of the registration or voting in an action against such person for illegal registration or voting.
If the person so olforing to vote shall be challenged, the following additional oath shall be administered by one of the inspectors:
"You do swear (or affirm) that you have not received or offered, do not: expect to receive, have not paid, offered or promised to pay, contributed, offered or promised to contribute to another, to be paid or used, any money or other valuable thing or consideration its a compensation or reward for the giving or withholding of a vote at this election, and have not made any promise to influence the giving or withholding of any such vote; and that you have not made, or become directly or indirectly interested in any bet or wager depending upon the result of this election."The inspectors of election shall keep a minute of their proceedings in respect to the challenging and administering of oaths to persons offering to vote, in which shall be entered, by one of them, the name of every person who shall be challenged, specifying in each case whether either of the oaths herein prescribed were taken. At the close of the election, at each polling place, the inspectors thereat shall add to such minutes a certificate to the effect that the same are all such minutes as to all persons challenged at such election, and shall file the. same with the registry lists and statements of result as hereinafter provided.
SEC. 24. Counting of votes; announce of results.— As soon as th e polls of an election are closed the board of inspectors, shall publicly count the votes and ascertain tje result, and not adjourn or postpone the count until it shall fully completed. They shall then, open the ballots found there contents, except so far and shall compare the it shown by the replaced, without being lev were taken and shall be e inspectors designated by name and with his back to the lots as shall be equal to such persons who have voted as shown thereon the ballot box of unspoiled ballots and com in without unfolding them or exposing the as to ascertain that each ballot is single number of ballots found in the box with registry lists to have been deposited therein. If the ballots found in the box shall be more than the number of ballots so shown to have been voted, the ballots shall unfolded, in the box from which thoroughly mingled therein and one of the board shall, without seeing the sa box, publicly draw out as many excess, and without unfolding them place, them in a. package which shall bo then and there securely sealed and marked "excess ballots," together with the signatures of the inspectors, which package shall be returned in the box with the other ballots and shall not be opened except as hereinafter provided. If in the course of the above-mentioned count two or more ballots shall be found folded together in such manner that they must have boon so folded before being placed in the box, then they shall be removed therefrom and counted as a portion of the excess number hereinbefore mentioned. In case ballots marked "spoiled" are found in the ballot box they shall be placed with the spoiled hal opened and examined for marked if they shall be placed in a package "marked ballots" together with the signatures of the inspectors and be returned in the same manner as provided for excess ballots. Marked ballots shall in no case he counted, and a majority, vote of the board shall be sufficient to determine whether any ballot is marked or not. In case any ballot or ballots shall be objected to by any inspector as marked and the hoard shall decide against such objection, such ballot or ballots shall he counted but shall be marked upon the indorsement fold in such manner as not to obliterate the feature objected to. with the words, "objected to by (adding the name of the objecting inspector) as marked,'' and all such ballots, after the count, shall he placed in another separate package and . Returned in all respects as herein provided for marked ballots. No ballot that is not an official ballot shall be counted, except such as are voted in accordance with the provisions of section twenty.
The board shall then proceed to count the votes in manner following:
The ballots shall be arranged in piles in front of the chairman, who shall take them one by one and read therefrom, in the order in which they appear thereon, the names of the persons voted for, and as soon as read shall hand them to one of the other inspectors, who shall be previously selected for that purpose by the board and shall be of the political party opposite to the chairman, if two parties are represented on the'board, who shall verify the reading of the chairman. The other inspector and the clerk shall keep lallv sheets upon forms which shall be prepared by the Executive Secretary for the purpose and furnished by the Director of Printing, on which they shall record as read, the names of all persons voted lor for each office and of the number of votes received by each. At the conclusion of the count the totals shall be verified by the chairman and the other inspector, and in case of disagreement a recount shall he made for such offices as may be necessary. The tally sheets shall not be changed or destroyed and shall be returned with, the ballots in the ballot box. All counting shall be made in plain view of the watchers. Upon the completion of the count ihe inspectors shall make and sign a written statement thereof in quadruplicate, showing the date of the election, the name of the municipality and the number of the precinct in which it was held, the whole number of ballots cast for each person for each-office, the whole number of ballots rejected as marked, and the whole number objected to because marked but not rejected, writing out at length in words and at the end thereof a certificate signed by the inspectors to the effect that the statement is in all respects correct. Every such statement shall be made upon a single sheet of paper, or if not so made, each sheet thereof shall be signed at the end thereof by the inspectors. Forthwith thereafter one copy thereof shall be tiled with the municipal secretary, one shall be securely sealed and forwarded by the board by mail or special messenger to the provincial board, and one shall be securely sealed and forwarded by the hoard to the Executive Secretary. The ballots, together with the packages hereinbefore referred to, shall be returned to the bid lot box, which shall be securely locked and sealed and returned to the municipal secretary together with such statements. The spoiled ballots shall be returned to the spoiled-ballot box, if removed therefrom, and such box, similarly locked and sealed, shall be likewise returned. The unused ballots shall all be placed in a sealed package, marked with the. date of the election, name of the municipality and the number of the district, and similarly returned.
Upon the completion of such count and of the statements of the result, thereof, the chairman of the board of inspectors shall make public oral proclamation of the whole number of votes cast at such election at such polling place for all candidates, by name, for each office.
The statements, ballot boxes and unused ballots shall be returned to the municipal secretary immediately upon the completion of the count, if practicable, and the municipal secretary shall keep his office open until midnight of each election day for the purpose of receiving the same and shall provide, at the expense of the municipality, facilities therefor. If by reason of the length of time required for the count, or the distance to the secretary's office, it shall be impracticable to return the same before midnight, they shall he retained by the chairman of the board and delivered unchanged and with the, souls unbroken to the said secretary as early thereafter as practicable.
The municipal secretary shall retain the same unopened in his possession until the final decision of any election contest, and in any event for six months, subject to the order of a court of competent jurisdiction or other officer specially authorized by law to open and count the same.
SEC. 25. Canvass by provincial board.—In case statements from all precincts are not filed the day after election, the municipal secretary shall notify the members of the delinquent boards of inspectors to file the same. All statements shall be sent to the provincial treasurer by mail, if the mails are reasonably regular and expeditious for the purposes of this section, or by special messenger at the expense of the municipality, if they are not. Delayed statements shall be forwarded as fast as received. The provincial board shall meet as a board of canvassers not later than the twenty-fifth or if that be a holiday, the twenty-sixth day of November, and the provincial treasurer shall then produce before it all such statements filed with or delivered to him. If any statements he missing the board, by special messenger or otherwise, shall obtain such missing statements and shall direct the fiscal to prosecute the persons responsible for the delay, if any, under section twenty-nine of this Act. The board shall also examine the statements on file, and if it clearly appears that material matters of form are omitted, such statements shall he returned for correction to the board of inspectors by special messenger or in such manner as mav be most, expeditious. Such statements may not however, be returned for a recount, As soon as all statements are before it, the board of canvassers shall proceed to a canvass of all the votes cast in the province for Delegates to the Assembly or for provincial officers, and upon completion thereof shall make one statement of all votes cast for each candidate for the Assembly in each Assembly district, and one statement, of all the votes, if any, cast for provincial officers. Upon the completion of such statements the board shall determine therefrom what person has been elected to the Assembly from each Assembly district, and what person has been elected to the provincial offices. All such determinations shall, be reduced to writing, in duplicate, and signed bv the members of the hoard or a majority of them and sealed with the provincial seal. One copy thereof shall be filed with the provincial treasurer, one forthwith with the Executive Secretary, and a certified copy t thereof shall also forthwith be delivered to each elected candidate.
Upon the filing of said certificate in the olliee of the Executive Secretary, the Governor-General shall confirm the election of each of the candidates so certified unless there he a contest pending and undetermined in the courts, in which case be shall withhold confirmation with respect, to any person involved in such contest until a certified copy of the decision of the court shall have been filed with the Executive Secretary. The Governor-General mav refuse to confirm the election of any person as provincial governor if there is reasonable ground to suspect his loyally to the instituted authorities, and may refuse to confirm the election of a third member of the provincial hoard as provided in Act Numbered Fifteen hundred and forty-five. In case of refusal to confirm any provincial officer a special election to fill the office shall be called and held as provided in section, four hereof, and at such special election a person whose confirmation was so refused shall be ineligible and no vote shall be counted or canvassed for him.
In case the board of canvassers shall decide that an election for Delegate to the Assembly results in a tie it shall certify its decision, together with the statements and all papers upon which the same is based, to the Assembly, which shall have jurisdiction of the matter thereafter; in case the board of canvassers shall decide that an election for provincial governor results in a tie it shall similarly , certify the matter to the Philippine Commission, which shall have jurisdiction to declare either of the tied candidates elected or to order a special election, as it may decide: Provided, however, That nothing in this sentence contained shall bar the right of any candidate to contest an election as hereinafter provided.
SEC. 26. Canvass by municipal council.— Immediately after the clection the municipal council shall meet in special session and shall proceed to act as a municipal board of canvassers. The secretary shall produce before it the statements filed with him and the council shall canvass the votes east for each municipal office in the same manner as hereinbefore provided for the provincial board, and to end shall have the same powers. The municipal hoard of canvass shall not have the power to recount the votes or to inspect any of them, but shall proceed upon the statements rendered, as corrected, if corrections are necessary. Its determinations shall be reduced to writing in triplicate, signed by the members, or a majority of them, and one copy shall be tiled in the municipal secretary's office, one with the provincial treasurer and one with the Executive Secretary immediately on completion of the canvass.
In case the canvass results in a tied for any municipal office the tied candidates shall draw lots in the presence of the board of canvassers, and the successful candidate shall be declared elected.
SEC. 27. Election contests.—The Assembly shall be the judge of the elections, returns, and qualifications of its members. Contests in all elections for the determination of which provision has not been made otherwise shall be heard by the Court of First Instance having jurisdiction in the judicial district in which the election was held, upon motion bv any candidate voted for at such election, which motion must lie made within two weeks after the election, and such court shall have exclusive and final jurisdiction and shall forthwith cause the registry lists and all ballots used at such election to be brought before it and examined, and to appoint the necessary officers therefor and to fix their compensation, which shall he payable in the first instance out of the provincial treasury, and to issue its mandamus directed to the boards of canvassers to correct its canvass in accordance with the facts as found. If in any case the court shall determine that no person was lawfully elected it shall forthwith so certify to the Governor-General, who shall order a special election to fill the office or offices in question as hereinbefore provided.
Before the court shall entertain any such motion the party making it shall give a bond in an amount to be fixed by the court with two sureties satisfactory to it conditioned that he will pay all expenses and costs incident, to such motion, or shall deposit cash in court in lieu of such bond. If the party paying such expenses and costs shall he successful (hey shall lie taxed bv the court and entered and he collectible as a judgment against the defeated party.
All proceedings under this section shall be upon motion with notice of not to exceed twenty days to all candidates voted for and not upon pleadings or bv action, and shall he heard and determined hy the court in the judicial district in which the election was held regardless of whether said court be at the time holding a regular or staled term. In such proceedings the registry list as finally corrected by the bond of inspectors shall lie conclusive as to who was entitled to vote at such election.
The clerk of the court in which any such contest is instituted shall give immediate notice of its institution and also of the determination thereof to the Executive Secretary.
SEC. 28. Corrupt practices.—No person, in order to aid or promote his own election as a candidate for public office, shall promise, directly or indirectly, to secure or assist in securing the appointment, nomination, or election of any other person to a public position or employment or to any position of honor, trust or emolument.
No person shall pay any money in the name of any candidate, falsely representing that he is doing so at the request, of the candidate.
No person shall solicit, demand, ask, or invite from any person who is a candidate for any election, any payment of money or valuable thing or promise of payment of money or valuable thing to be nsed in such election.
SEC. 29. Penalties upon officers.—Any inspector or poll clerk who knowingly enters upon any registry or poll list or causes or allows to be entered thereon ilie name of any person, as a voter in a district who is not a voter thereof, and any inspector of election who refuses or willfully votes to refuse or willfully neglects to enter the name of any qualified applicant for registration upon the registry list, or who knowingly prevents or seeks to prevent the registration of any legally qualified voter, or who is guilty of any fraud or corrupt conduct in the duties of his office, shall be punished by imprisonment for not less than one month nor more than one year, or by a fine of not less that two hundred pesos nor more than five hundred pesos, or both, in the discretion of the court.
Any member of any hoard of registration, hoard of inspectors, or hoard of canvassers who knowingly makes any false count of ballots or votes, or who willfully makes or signs a false statement or declaration of the result of a bailor, vote, or ejection, or who willfully refuses to receive any ballot offered by a person qualified to vote at such election, or who willfully alters, defaces, or destroys any ballot cast, or voting or registry list, used thereat, or who willfully makes any false count or canvass, or who willfully declines or fails to perform any duty or obligation imposed, by this Act, shall be punished by imprisonment for not less than one month nor more than one year, or by a tine of not; less than two hundred pesos nor more than five hundred pesos, or both, in the discretion of the court.
Any election officer who, before the public declaration of the result of a vote at an election, as herein provided, makes any statement of the number of ballots cast, of the number of votes given for any person, of the name of any person who has voted, of the name of any person who has not voted, or any other fact tending to show the state of the polls, shall be punished by imprisonment for not more than thirty days or by a tine of not more than two hundred pesos, or both, in the discretion of the court.
Any officer of election who before the ballots are opened for counting reads or examines, or permits to be read or examined, the names written upon the ballot of any voter, unless such ballot shall have been prepared by him in accordance with the provisions of this Act, shall be punished by imprisonment for not more than thirty days or by a fine of not more than two hundred pesos, or both, in the discretion of the court.
Any municipal secretary or other ollicer having custody thereof who examines or permits to be examined, except as prescribed by law, any ballots returned to him by the board.of inspectors, shall be punished by a fine of not more than five hundred pesos.
Any officer having custody of any such ballots who shall willfully destroy or mutilate the same, or permit the destruction or mutilation thereof, except as prescribed by law, shall be punished by imprisonment for not less than one month nor more than two years, or by a fine of not less than one hundred pesos nor more than one thousand pesos, or both, in the discretion of the court.
Any person who knowing that he is disqualified assumes any office shall be punished by a fine of not less than five hundred pesos nor more than one thousand pesos.
No public officer shall offer himself as a candidate for election, nor shall he be eligible during the time that he holds said public office to election, at any municipal, provincial or Assembly election, except for reelection to the position which he may be holding, and no judge of the Court of First Instance, justice of the peace, provincial fiscal, or officer or employee of Bureau of Constabularv or of the Bureau of Education shall aid any candidate or inllueiice in any manner or take any part in any municipal, provincial, ur Assembly election under penalty of being deprived of his ollice and being disqualified to bold any public office whatever for a term of five years: Provided, however, That the foregoing provisions rdiall not be construed to deprive any person otherwise qualified of the right, to vote at any election.
SEC. 30. General penalties.—"Whoever at any election votes or attempts to vote, knowing that he is not entitled so to do, or votes or attempts to vote under any name other than his own, or more than once in his own name, or casts or attempts to cast more than one ballot, or willfully places any distinguishing mark upon a ballot or make any false statement as to his ability to fill out his ballot, or willfullv allows his ballot to be seen by any person, except as prescribed bv law, or willfully gives any false answer to any election officer touching any matter which is lawfully the subject of official inquiry, shall be punished by imprisonment for not less than one nionih nur more than two years, or by a fine of not less than one hundred pesos nur more than one thousand pesos, or both, in the discretion of the court.
Any person who shall offer, directly or indirectly, to anv member of the board of inspectors or any other election officer, or any member of the board of inspectors or any other election officer who shall, directly or indirectly, accept or agree to accept any money, goods or chattels, or anv bank note, bank bill, bond, promissory note, due bill, bill of exchange, draff, order or certificate, or any security for the payment of money or goods or chattels, or any deed in writing containing a conveyance of land or containing a transfer of any interest in real estate, or any valuable contract in force, or any other property or reward whatsoever, in consideration that such member of ibe board of inspectors or such election officer, as the case may be, will vote affirmatively or negatively or that he will not vote, or that he will use his interest or influence on any question, action, resolution, or other matter or proceeding pending before
the board of inspector or before any election officer, shall be removed from office and both he and the person making such offer as aforesaid shall be punished by imprisonment for not less than three months nor more than five years, or by a fine of not less than two hundred pesos nor more than two thousand pesos, or both, in the discretion of the court.
Any person who shall offer directly or indirectly to any voter, or any person who shall directly or indirectly accept or agree to accept, any money, goods or chattels, or any bank note, bank bill, bond, promissory note, duebill, bill of exchange, draft, order or certificate or any security for the payment of money or goods or chattels, or any deed in writing containing a conveyance of land or containing a transfer of any interest in real estate or any valuable contract, in force, or any other property or reward whatsoever in consideration that such person shall give or withhold any vote at any election, or who shall make any promise to influence the giving of withholding of any such vote, or who shall make or become directly or indirectly interested in any bet or wager depending upon the result of any election, shad be punished by imprisonment for not less than three months nor more than five years, or by a fine of not less than two hundred pesos nor more than two thousand pesos, or both, in the discretion of the court.
Any person who knowingly takes or subscribes any false oath, affidavit, or affirmation before any election officer, or before any court or other officer in relation to any material fact in any registration or election proceeding, shall be punished by imprisonment for not less than three months nor more than live years, or by a fine of not less than two hundred pesos nor more than two thousand pesos, or both, in the discretion of the court.
Any person, who, being challenged, shall refuse to take the oath or affirmation prescribed in section twenty-three of this Act, and shall cast his ballot, shall be punished by a line of not more than two hundred pesos, or by imprisonment for not more than six months, or both, in the discretion of the court.
Any person who causes or attempts to canst- his name to be registered, knowing that he is not a qualified voter in the district in which he registers, or who attempts to register, and any person who falsely represents himself as some other person to any election officer or board of registry, or who willfully gives a false answer : relative to any matter relating to the registration of a voter or to the right of any person to vote, or who willfully aids or abets any other persons m doing anv of the acts above mentioned, shall be punished by imprisonment for not less than one month nor more than one year, or by a fine of not less than one hundred pesos nor more than five hundred pesos or both, in the discretion of the court.
Any person who refuses to obey the lawful orders or directions of an election officer or member of a board of registry, or inspector, or who interrupts or disturbs the proceedings of any election or registry board at any registration or election, shall be punished by imprisonment for not more than one month or a line of not more than two hundred pesos, or both, in the discretion of the court.
Any person who intentionally writes, prints, posts, or distributes, or causes to be written, printed, posted or distributed, any circular or poster which is designed or tends to injure or defeat, any candidate for election to any public office, by criticising his personal character or political action, unless there appears upon such circular, or poster in a conspicuous place the name of the writer who is responsible therefor, with residence and the street and number thereof, if any, and any person who writes, prints, publishes, or utters, or causes to be written, printed, published, or uttered, or aids and abets the printing, publication, or uttering of anv anonymous or unsigned or fictitiously signed letter, communication or publication not disclosing the name of the author, criticising or relieeting upon the personal character, conduct, or honor of any candidate for election, and any person who. knowingly, delivers or aids in the delivery of any such letter or communication, shall be punished by imprisonment for not. more than three months, or by a fine of not more than two hundred pesos, or both, in the discretion of the court.
Any person who willfully or maliciously injures or destroys or secretes or carries away a ballot box, registry list, poll list, statement, ballot, stationery or other supplies furnished at any election, shall be punished by imprisonment for not more than one year, or a fine of not more than five hundred pesos, or both, in the discretion of the court.
Any person who willfully prevents any board of registry or of inspectors, or any other officer or person, charged with a duty under the terms of this Act, or hinders or molests such board, officer, or person from doing any such duty, or who aids or abets in preventing, hindering, or molesting such board, officer, or person from doing any such duty, shall he punished by imprisonment for not less than thirty days nor more than one year, or by a fine of not less than two hundred pesos nor more than five hundred pesos, or both, hi the discretion of the court.
Any person, who prints or distributes, or causes to be printed or distributed, a ballot at an election, except as hereinbefore provided, shall be punished by imprisonment for not less than thirty days, nor more than one year, or by a line of not less than two hundred pesos nor more than five hundred pesos, or both, in the discretion of the court.
Any person who willfully and without lawful authority obstructs or delays a yoter while on his way to the polling place where he is entitled to vote, or while he is voting or attempting to vote, or nids or assists in any such obstruction or delay, and any person who interferes or attempts io interfere with a voter while he is marking endeavors to induce a voter, before he has voted, to show how he mark or has marked his ballot, and any person who willfully on voting at an election, and any person who places a distinguishing mark on a ballot not cast by himself, except as hereinbefore shall be punished by imprisonment; for not less than one months, or by a fine of not more than one hundred nor more than five hundredpesos, or both, in the discretion of the court.
Any person who with intent to defraud, alters a ballot cast at an election or with such intent, deposits a ballot in the ballot box used at iin election, or in envelope provided by law for the preservation of ballots east at an election or, with such intent, removes a ballot from any such ballot box or envelope, shall be punished by imprisonment for not less than one month nor more than one year, or by a fine of not less than one hundred nor more than five hundred pesos, or both, in the discretion of the court.
Any person who removes a, ballot from the space inclosed by the guard rail before the close of the polls shall be punished by imprisonnient for not more than three months or by a fine of not more than one hundred pesos, or both, in the discretion of the court.
Any person who influences or attempts to influence a voter to give or to withhold his vote at an election by threatening to discharge such voter from his employment or to reduce his wages, or by promising to give him employment at higher wages, and any person who discharges any voter from his employment or reduces his wages lor giving or withholding his vote at an election, shall be punished by imprisonment for not less than thirty days nor more than one year, or by a, line of not less than two hundred pesos nor more than five hundred pesos, or both in the discretion of the court.
Any person who, by any manner of threat or intimidation, induces a vote to give or withhold a vote shall be punished by imprisonment less than thirty davs nor more than one year, or by a fine of not less than two hundred pesos nor more than five hundred pesos, in the discretion of the court.
Any person who violates the provisions of section twenty-eight shall be punished by imprisonment for not less than thirty days nor more than one year, or by a fine of not less than two hundred pesos nor more than five hundred pesos, or both, in the discretion of the court.
Any person who by any wrongful means, shall prevent or attempt to prevent, any voter from freely and fully exercising his right to vote, or shall induce or procure any voter to refuse or neglect to exercise his right, or shall so induce or procure any person to enter upon the registry list the name of any person or shall so induce or procure the receiving of the vote of any person not legally qualified, or shall so induce or procure any officer to give any certificate, document, or evidence in relation thereto, or shall so induce any officer in any manner to violate or to neglect bis duty with respect to any election, shall be punished by imprisonment for not less than thirty days nor more than one year, or by a fine of not less than two hundred pesos nor more than live hundred pesos, or both, in the discretion of the court.
Any person who, being disqualified for an office for any reason other than nonpayment of taxes, publicly announces his candidacy for any elective office, shall be punished by a line of not less than two hundred pesos nor more than five hundred pesos.
Whenever any person shall be convicted of an offense under this Act the fine and costs impose if any, imprisonment, at the rate of on *pesos of fine or costs remaining shall be extinguished by imprisonment in the rate of one day's imprisonment for each two pesos of fine or costs remaining unpaid.
SEC. 31. Jurisdiction of courts.— Courts of First Instance shall have exclusive original jurisdiction to issue process or conduct preliminary investigations and shall have entire jurisdiction in any criminal action or proceeding arising under this Act.
SEC. 32. Repealing section.—Acts Numbered Seventy-eight, One hundred and six, Three hundred and forty-three, Seven hundred and eighty-two, sections six, seven, eight, nine, ten, eleven, twelve, fourteen, twenty-three, ninety-one, ninety-two, ninety-three, ninety-four. and subsections (a) and (b) of section thirteen of Act Numbered Eighty-two, section four and the first two sentences of section twentv-one of Act Numbered Eighty-three, section six of Act Numbered Four hundred and twenty-four, and all Acts and parts of Acts amendatory of the Acts and sections herein enumerated or in any way in conflict with the provisions of this Act are hereby repealed: Provided, however, That the repeal of an amendment shall not be construed to revive the amended statute nor shall any statute be deemed revived by this repeal.
SEC. 33. This Act shall take effect on the fifteenth day of January, nineteen hundred and seven: Provided, That it shall not apply to elections for provincial governors to be held in the Provinces of Cavite and Isabela for the present year, in which provinces the said elections shall be conducted under the laws existing at the time of the passage of this Act.
Enacted, January 9, 1907.