The
PCOS based AES cannot be trusted to secure the “sanctity of the ballot” for the
elections on 13 May 2013, because the COMELEC continues to fail to restore the
three (3) main safeguards for the integrity of the system – namely:
1.
the digital signatures of the members of the Board of Elections Inspectors
(BEI) and Board of Canvassers (BOC) to authenticate the election returns and
certificates of canvass transmitted electronically,
2.
the ballot verification utilizing ultraviolet lamps to detect and reject fake
ballots,
3.
the vote verification to give each voter presumptive assurance that his votes
were recorded in the memory of the PCOS machine.
Furthermore, the COMELEC has
rendered the RMA useless by pre-selecting and disclosing the precincts to be
audited several days before the elections.
DIGITAL SIGNATURES
During the May 2010 elections,
the COMELEC ordered all the BEI nationwide NOT TO USE their DIGITAL SIGNATURES
in the wireless transmission of electronic election returns generated by the
PCOS machine.[i] This left all the electronic election
returns unauthenticated.
The disablement of the digital
signatures constitutes a gross violation of the automated election law which
clearly and expressly mandates that the “election returns transmitted
electronically” must be “digitally signed” in order to be “considered as
official election results” and “used as the basis for the canvassing of votes
and the proclamation of a candidate.”[ii]
For the May 2013 elections, the
COMELEC has again ordered all the BEI nationwide NOT TO USE their DIGITAL
SIGNATURES to authenticate the wireless transmission of electronic election
returns.[iii]
Again, this will leave all
electronic election returns unauthenticated.
The latest COMELEC issuance
reads in part as follows:
“f) Thereafter, the PCOS
shall automatically count the votes and immediately display a message
"WOULD YOU LIKE TO DIGITALLY SIGN THE TRANSMISSION FILES WITH A BEI
SIGNATURE KEY?", with a "YES" or "NO" option;
“g) Press "NO" option.
The PCOS will display "ARE YOU SURE YOU DO NOT WANT TO APPLY A DIGITAL
SIGNATURE?" with a "YES" and "NO" option;
“h) Press "YES" option...”
Thus, for the elections this
year, the COMELEC will purposely, knowingly and deliberately repeat its gross violation
of the automated election law, by disabling once again the critical safeguard
of digital signatures, otherwise intended to authenticate all electronic
election returns to be canvassed under the automated election system.
BALLOT VERIFICATION
During the May 2010 elections,
the COMELEC disabled the built-in ultra violet lamps and ordered their
replacement with hand held or portable lamps[iv]. However,
no general instructions were issued to the BEI to guide them how to use either
the built in or hand held lamp. In the end, no lamp whatsoever was used to
detect and reject fake ballots inserted into the PCOS machines.
For the May 2013 elections, the
COMELEC has not issued until today any general instructions on the use of
either the built-in lamp or hand held equivalent to provide for ballot
verification. Thus, it is apparent that COMELEC will again disable or otherwise
disregard the use of any ultra violet lamp for the elections this year.
VOTE VERIFICATION
During the May 2010 elections,
the COMELEC disabled the vote verification function of the PCOS machines that
would have shown actual votes scanned and read. Instead, the PCOS machines
merely displayed the presumptive lines: “Congratulations. Your vote has been
registered.”[v]
In fact, these lines confirmed
only that the voting process was finished, but not necessarily that the votes
were actually read and recorded, because the actual votes were NEVER displayed.
For the May 2013 elections, the
COMELEC has again disabled the vote verification function of the PCOS machines.
Instead of displaying the actual votes scanned and read, the machines will
again display the presumptive lines: “Congratulations. Your vote has been
registered.” [vi]
Thus, for the elections this
year, the COMELEC will again deny the voters the vote verification function,
that would otherwise provide them with a presumptive assurance that their votes
will in fact be read and recorded.
RANDOM MANUAL AUDIT
During the May 2010 elections,
the COMELEC ordered that the precincts of audit be selected and disclosed at
least six (6) hours before the close of the polls. This rendered the RMA highly
questionable if not utterly useless, because it diluted the intended lack of
predictability of the audit.
For the May 2013 elections, the
COMELEC further aggravated the lack of the critical element of randomness, by
ordering the selection and disclosure of the subject precincts, at least 4 days
and 2 days respectively, before the close of the polls. There is now a total
lack of randomness in the audit, because the selection of the subject precincts
is not only predictable, but in fact pre-selected and disclosed days in advance
of the elections.
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May 2010 elections
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May 2013 elections
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Comelec Resolution
No. 8837, 30 April 2010
Section.
7 SELECTION PROCESS OF AREAS TO BE AUDITED
a)
Random selection of the clustered polling precincts to be audited will be
done at the Philippine International Convention Center on May 10, 2010
starting at 12:00 noon by the TWG-RMA...
c)
Guests may be invited to draw the clustered polling precincts from the tambiolo. The
selection of the clustered polling precinct will be open to the media,
political parties and other election stakeholders to ensure speedy
dissemination of information and for transparency.
d) The TWG-RMA shall inform
all concerned PES having jurisdiction over the clustered polling precincts
randomly selected for the RMA.
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Comelec Resolution No. 9595, 12
December 2012
S E C T I O N 5 . Selection Process of Areas to be
Audited -
a) Random selection of the
clustered precincts to be audited will be done not later than four (4) days
prior to the day of the Elections by the RMA Committee.
a.1. Four (4)
days before the day of the Elections, the List of Municipalities involved in RMA
shall be released; and
a.2. The List of Specific Clustered Precincts
that will undergo RMA shall be disclosed two (2) days
prior to the day of the Elections...
c) The selection of the clustered precinct will be open to the Media, Political
Parties and other election stakeholders to ensure speedy dissemination of
information and for transparency.
d) The RMA Committee shall
inform all concerned Coordinators having jurisdiction over the clustered
precincts randomly selected for the RZMA.
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COMMISSION ON ELECTIONS
Manila
Manila
REVISED GENERAL INSTRUCTIONS FOR THE BOARD OF ELECTION
INSPECTORS (BEI) ON THE VOTING, COUNTING, AND TRANSMISSION OF RESULTS IN
CONNECTION WITH THE 10 May 2010, NATIONAL AND LOCAL ELECTIONS.
RESOLUTION NO. 8786
March 4, 2010
Section 40. Counting of ballots and transmission of
results; Procedure. (Renumbered) (As Revised)
a)
At the end of voting and before the start of counting of votes, the Chairman
shall place the iButton security key on top of the iButton security key
receptacle and apply slight pressure thereon. Remove the iButton security key
from its receptacle, after which the PCOS will display the Main Menu;
b)
Press the "CLOSE VOTING" option in the Main Menu;
c)
The screen will display a message "ARE YOU SURE YOU WANT TO CLOSE VOTING?
NO MORE BALLOTS WILL BE ACCEPTED AFTER THIS." Select "YES"
option;
d)
The PCOS will request for the PIN of the poll clerk who will then enter his
PIN and press "ENTER". The PCOS will validate the PIN and displays a
message "PIN ACCEPTED". The PCOS will request for the second PIN from
the third member who will then enter his PIN and press "ENTER". The
PCOS will validate the PIN and displays a message "PIN ACCEPTED".
e)
The screen will display a message "POLL IS BEING CLOSED PLEASE WAIT"
followed by another message "VOTING HAS BEEN CLOSED NO MORE BALLOTS WILL
BE ACCEPTED BY THIS PCOS";
f)
Thereafter, the PCOS shall automatically count the votes and immediately
display a message "WOULD YOU LIKE TO DIGITALLY SIGN THE TRANSMISSION FILES
WITH A BEI SIGNATURE KEY?", with a "YES" or "NO"
option;
g)
Press "NO" option. The PCOS will display "ARE YOU SURE YOU DO
NOT WANT TO APPLY A DIGITAL SIGNATURE?" with a "YES" and
"NO" option;
h)
Press "YES" option. A message shall be displayed "PRINTING 8
COPIES OF NATIONAL RETURNS. PLEASE WAIT";
i)
A message shall be displayed "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS
REPORT" with a "YES and "NO" options. Press "NO"
option;
j)
Thereafter, the PCOS will display "PRINTING 8 COPIES OF LOCAL RETURNS.
PLEASE WAIT…" and the PCOS automatically prints the 8 copies;
k)
A message shall be displayed "WOULD YOU LIKE TO PRINT MORE COPIES OF THIS
REPORT" with a "YES" and "NO" options. Press
"NO" option;
l)
Detach the 8 copies of the ERs. After which, members of the BEI shall affix
their signatures and thumb marks thereon;
m)
The BEI shall ask the watchers present to affix their signatures on the printed
ERs;
n)
Place each copy of ER in its corresponding envelope and seal with a paper seal;
o)
The chairman of the BEI shall publicly announce the total number of votes
received by each candidate, stating their corresponding offices;
p)
The poll clerk shall announce the posting of a copy of the ER both for national
and local positions on a wall within the premises of the polling place/counting
center which must be sufficiently lighted and accessible to the public, and
proceed to post such copies;
q)
After forty-eight (48) hours following the posting, the chairman of the BEI
shall detach the posted printed copy on the wall and keep the same in his
custody to be produced as may be requested by any voter for image or data
capturing or for any lawful purpose as may be ordered by competent authority;
r)
The PCOS will display a message "READY TO TRANSMIT. PLEASE PLUG IN
TRANSMISSION CABLE TO ELECTRONICALLY TRANSMIT ELECTION REPORTS AND PRESS OK TO
CONTINUE";
s)
Connect the transmission medium to the PCOS and press the "OK"
button;
t)
The PCOS will display a message "DETECTING MODEM";
u)
If the modem is properly connected, the PCOS will display the message
"MODEM DETECTED";
v)
If checking of modem fails, the PCOS will display the message "MODEM NOT
DETECTED" followed by the message "TRANSMISSION CABLE NOT CONNECTED.
RETRY?" with "YES" and "NO" options. Check the
connection of the transmission medium to the PCOS and if it is properly set up,
press the "YES" button;
w)
If after three (3) attempts, the transmission medium still fails, call the
Support Technician.
x)
The PCOS will display the following messages in succession:
i.
"IDENTIFYING TARGET SERVER
ii.
"SERVER IDENTIFIED"
iii. "CONTACTING SERVER
RETRIES ";
iv.
TRANSMITTING FILE [1/1] TO " with percentage of
completion
y)
Wait until the message "ELECTION REPORT SUCCESSFULLY TRANSMITTED TO
" is displayed;
The
same message will appear when transmitting to central server and
KBP-Parties-Citizen server.
z)
After successful transmission to MBOC, KBP-Parties-Citizens and Central Server,
the PCOS will display a message "ALL ELECTION REPORTS HAVE BEEN
SUCCESSFULLY TRANSMITTED TO 3/3 LOCATIONS. PLEASE DISCONNECT TRANSMISSION
CABLE";
aa)
Disconnect the transmission medium. The PCOS will display a message
"PRINTING TRANSMISSION REPORT. PLEASE WAIT…" Followed by a message
"WOULD YOU LIKE TO PRINT MORE COPIES OF THIS REPORT" with
"YES" and "NO" options. Press "NO" option;
bb)
The PCOS will display a message "READY TO PRINT FINAL 22 COPIES OF
ELECTION RETURNS. PLEASE REPLACE THERMAL PRINTER PAPER ROLL. PRESS OK WHEN
READY" with "OK" button;
cc)
Replace thermal printer paper roll and press "OK" button;
dd)
The PCOS shall display the message "PRINTING 22 COPIES OF NATIONAL
RETURNS. PLEASE WAIT" followed by the message "WOULD YOU LIKE TO
PRINT MORE COPIES OF THIS REPORT?" with a "YES" and
"NO" option. Press "NO" option;
ee)
The PCOS display the message "PRINTING 22 COPIES OF LOCAL RETURNS. PLEASE
WAIT" followed by the message "WOULD YOU LIKE TO PRINT MORE COPIES OF
THIS REPORT?" with a "YES" and "NO" option. Detach the
printed 22 copies of Local Returns and press "NO" option;
ff)
The PCOS shall display the message "PRINTING STATISTICAL REPORT PLEASE
WAIT" followed by the message "WOULD YOU LIKE TO PRINT MORE COPIES OF
THIS REPORT?" with a "YES" and "NO" option. Detach the
printed Statistical Report and press "NO" option;
gg)
The PCOS shall display the message "PRINTING AUDIT LOG REPORT PLEASE
WAIT" followed by the message "WOULD YOU LIKE TO PRINT MORE COPIES OF
THIS REPORT?" with a "YES" and "NO" option. Detach the
printed Audit Log Report and press "NO" option;
The
Statistical Report, Transmission Report and Audit Log report shall be placed in
the envelope (A18-A) where the Initialization Report was placed;
hh)
The PCOS shall automatically create back-up of files;
ii)
After printing the remaining 22 copies of ER, the members of the BEI shall
affix their signatures and thumb marks on the 22 printed ERs and ask the
watchers present to affix their signatures on the printed election returns;
jj)
If failure of transmission occurs in any of the target servers (City/Municipal,
KBP-parties-citizens arm server, or central server), the PCOS will print
Transmission Report.
kk)
The PCOS will display a message "WOULD YOU LIKE TO PRINT MORE COPIES OF
THIS REPORT" with "YES" and "NO" option. Press
"NO" option;
ll)
The PCOS will display the Main Menu;
mm)
The certified IT-capable member of the BEI shall re-transmit the results to the
target server by doing the following:
i.
Press "RE-TRANSMIT RESULTS" option located in the Main Menu. List of
target servers will be displayed;
ii.
Press the target server to transmit;
iii.
Wait until the transmission is successful. If after three (3) attempts, the
transmission medium still fails, call the Support Technician;
iv.
Repeat Steps i to iii, if there are more than one (1) target servers, where
there are transmission failure.
nn)
Print the remaining 22 copies of ER and other reports by doing the following:
i.
Select "PRINT REPORTS" from the Main Menu;
ii.
The PCOS will display a message "PLEASE SELECT WHICH REPORT YOU WOULD LIKE
TO PRINT";
iii.
List of reports will de displayed. Press the report that you would like to
print;
iv.
The PCOS will display "PLEASE ENTER THE NUMBER OF COPIES TO PRINT"
with a numeric keypad;
v.
Press the desired number of copies (For ERs, pres 22, for statistics report and
audit log, press 1);
vi.
Press "ENTER" button. The PCOS will automatically print the number of
copies desired for the report selected;
vii.
The PCOS will display a message "WOULD YOU LIKE TO PRINT MORE COPIES OF
THIS REPORT" with "YES" and "NO" option. Press
"NO" option. The PCOS will display the main menu;
viii.
Print 22 copies of ER for local, Statistical Report and Audit Log Report by
following steps (nn) (i) and (ii);
oo)
Create backup of files by following the steps below:
i.
From the Main Menu, press "BACK-UP AND PROTECT" option;
ii.
The PCOS will display a message "ARE YOU SURE YOU WANT TO BACK-UP
CARD" with "YES" and "NO" options. Select
"YES" option;
iii.
The PCOS will display a message "BACKING UP ELECTION DATA. PLEASE
WAIT…" Wait until the message "BACK-UP SUCCESSFUL" is displayed;
iv.
The PCOS will display a message "WRITE PROTECTING RESULTS PLEASE
WAIT…" Wait until the message "WRITE PROTECT SUCCESSFUL" The
PCOS will automatically return to Main Menu.
pp)
Unless otherwise ordered by the Commission, the BEI shall not stop or postpone
the counting until it has been completed;
qq)
In case a PCOS fails to count the vote or transmit/print the results, the
Operator shall announce the error and undertake the necessary corrective
measures. Should the Operator be unable to correct the error, he shall call on
the Technical Support personnel assigned to the Voting Center for assistance.
Such fact shall be noted in Minutes.
[ii] Rep. Act No. 9369, Sec. 19. Section 18 of Republic Act No. 8436 is
hereby amended to read as follows:
“SEC.
22. Electronic Returns... "The election returns transmitted electronically and digitally
signed shall be considered as official election results and shall be
used as the basis for the canvassing of votes and the proclamation of
a candidate." (emphasis supplied)
[iii] Comelec Resolution No.
9640, General Instructions for the Board of Election Inspectors (BEI), on the
Testing and Sealing, Voting, Counting and Transmission of Results in Connection
with the May 13, 2013 National and Local Elections, 15 February 2013, Sec.
51(f), (g) and (h).
[iv] Comelec Invitation to Bid,
Portable UV Lamps, April 2010.
[v] Comelec Resolution No.
8786, Sec. 36(b).
[vi] Comelec Resolution No.
9640, Sec. 47(a)(ii).
