[ Act No. 3210, December 06, 1924 ]

AN ACT TO AMEND CERTAIN PROVISIONS OF CHAPTER EIGHTEEN, KNOWN AS THE ELECTION LAW, AND CHAPTER SIXTY-FIVE, ON PENALTIES, OF ACT NUMBERED TWENTY-SEVEN HUNDRED AND ELEVEN, AS AMENDED BY ACT NUMBERED THREE THOUSAND AND THIRTY, ESTABLISHING A PERMANENT REGISTRATION LIST, AND FOR OTHER PURPOSES

Be  it enacted  by the Senate and House of Representatives of the Philippines in Legislature assembled and by the authority of the same:

SECTION 1. Section four  hundred  and  five of Act Numbered Twenty-seven hundred  and eleven,  as  amended by Act Numbered Three  thousand  and  thirty,  is hereby amended to read as follows:
"SEC. 405. When and with whom certificates of candidacy to be filed.—The certificates of candidacy for the office Tar of senator and representative shall  be filed  not less than twenty days before the day  set for the election  with the Chief of the Executive  Bureau, who shall immediately  send certified copies thereof to the  secretaries of the Houses of the  Legislature and to the  provincial boards where the elections are to be held,  which latter  shall forward certified copies  to  all polling places: Provided, That  without prejudice to the foregoing provisions, the Executive Bureau shall communicate  the  names of  the candidates  who have sent their certificates of candidacy to it, to the provincial boards by telegraph, if there be any.

"Certificates of candidacy for the  provincial offices shall be  filed not less  than twenty days before the day of the election with the secretary  of the provincial board of the province concerned, who shall immediately  send certified copies  to  all the polling places of the province and to the Executive Bureau.

"Certificates of candidacy for municipal offices shall be filed not less than ten  days before the day of the election with the municipal secretary, who shall send certified copies thereof to the  polling places of the municipality concerned and to the Executive Bureau.

"It shall be the duty of the Chief of the Executive Bureau, the secretary of the provincial board, and the municipal secretary, upon  receiving any certificate of candidacy, to acknowledge receipt  thereof: Provided, That in  case of the death or disqualification of a candidate for  any Insular, provincial, or municipal office whose certificate of candidacy has been duly filed, after expiration of the time limits above established,  any  legally qualified elector may file  either with the secretary  of  the provincial  board  or with the municipal secretary, without  distinction, not later than the noon hour on the day of the election, his own certificate of candidacy for the office for which the dead or disqualified person was  a candidate:  Provided,  however, That in the event of the  death or disqualification occurring on the day before the election  or before the noon hour on the day of the election, said certificates shall  be  filed with any board of inspectors of the  municipality where he resides."
SEC. 2. Section four hundred and fourteen of Act Numbered Twenty-seven hundred and  eleven, as  amended by Act  Numbered   Three thousand and  thirty,  is  hereby amended to read as  follows:
"SEC. 414. Designation and arrangement of ballot boxes and other election paraphernalia—Duties of Chief of Executive  Bureau.—At least eighty days before  each  general election the municipal council  in each municipality in which such election is  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  shall  be  held  during the  year.  Each 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,  served, or drunk 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  cannot be used, the municipal council shall forthwith meet and designate some other suitable place  for holding such registry  and election. Not more than one polling place  shall be  in the same room, and not more than  two polling places  shall be in the same building.   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  necessary  for the storing thereof and  recrection 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, nor shall  any polling  place  be located or established  at places under the control of any  private society or corporation, unless in such  places there is no  properly constructed and established road and  they are over  six kilometers distant from the poblacion  or nearest barrio.

"The Chief of the Executive Bureau shall prepare and furnish all office supplies and other materials necessary for the registration  and holding the  election, boxes for  the ballots and other papers used in the election, which shall be uniform throughout the Islands and shall be solidly constructed in such manner that they cannot be opened except by means  of  three  different  keys, and one  of  said keys shall  during  the  voting and the counting of the votes be in the hands of each inspector and all shall be surrendered to the municipal treasurer immediately upon the completion of the count  in a separate envelope, sealed, and  signed by the watchers present and by each inspector, and said treasurer shall deliver one to the provincial treasurer, the other to the clerk of the court of. first instance, and the third to the district commander of the Philippine  Constabulary, which officers  shall demand said keys if they do not  receive them  within  a reasonable time, and shall keep them for a period of six months, unless sooner demanded by the proper courts,  and shall at the expiration of  such  period  return them to the provincial treasurer, who shall keep them until the next election.  The box for  valid ballots  shall be white and shall bear the following inscription in large,  legible letters: Box for valid ballots; and  the box for spoiled ballots,  which shall  be  much  smaller than the other, shall be red and shall bear the following inscription in large, legible letters: Box for spoiled ballots.

"The place set aside for a  polling place shall have in front a sign showing the precinct to which it belongs,  and on days of meetings of the board of inspectors the official flags of the Government shall be hoisted at the same time at the proper height.

"The Chief  of the Executive Bureau shall see particularly that the local authorities perform faithfully and impartially the ministerial duties assigned to them by this Act,  and may for this purpose apply for the aid of the services of the Office of the Attorney-General, designate as its deputies the provincial  fiscals and  other officers or  agents of {he  law that may be necessary to secure  an orderly, free, and honest election."
SEC. 3.  The third paragraph of section four hundred  and fifteen of Act  Numbered Twenty-seven hundred and eleven, as amended by Act  Numbered Three thousand and thirty, is hereby amended to read as  follows:
"Behind the space occupied by the table of the board of inspectors there shall also be another guard rail,  one meter high, which shall separate said board of inspectors from the watchers; the table of the  board shall be placed fifty centimeters from said guard rail in order that the watchers may be able to clearly read the contents of the ballots and see and count the votes  recorded by the inspector on the tally sheet."
SEC. 4.  Section four hundred and sixteen of Act Numbered Twenty-seven hundred and  eleven, as amended  by Act  Numbered   Three thousand  and  thirty, is  hereby amended to read as  follows:
"SEC. 416.  Liquors, cock fighting, arms, etc.—The drinking,  sale, dispensing,  or offering  of intoxicating  liquors shall  be absolutely prohibited on the days of the registration of electors, on the two days immediately preceding the day of the voting, on the day of the voting, and during the entire-time of the counting of the votes.

"No temporary booths, tents, or shelters of any kind for the sale, dispensing or display of any wares, merchandise, or refreshments, solid or liquid, or for any other purpose whatsoever,  shall be erected or maintained  within thirty meters of  any polling place on the days and hours of the registration, voting, and counting; nor shall any cockfight or horse races be held in  any municipality upon any  election day.

"Except in case of an affray,  riot or disorder,  it shall be unlawful for any person other than a policeman or peace officer to carry firearms or any other kind of arms within a a  distance of fifty meters from any polling place, during the days of the registration, voting, and  counting."
SEC. 5. Section four hundred and seventeen of Act Numbered Twenty-seven hundred and eleven, as amended by Act Numbered Three thousand and thirty, is hereby amended to read as follows:
"SEC. 417. Appointment of inspectors  and poll clerk.— It shall be  the duty of the municipal council in each municipality wherein a general election is to be held to appoint, ninety days immediately prior to the date of such general election, three inspectors of election and one poll clerk, with their  respective  substitutes, for  each  election  precinct therein, who shall hold office for three years or until their successors  shall have taken charge of the same.  The  date of the meeting of the municipal council for the appointment of inspectors shall be published at  least fifteen days in advance of  such meeting,  by the town crier and other means of publication.  Should there be in such municipality one or more political parties or  branches or fractions thereof, or political  groups,  then two of  said inspectors and two substitutes for the same shall belong to  the party which  polled the largest number of votes in said municipality at  the  next preceding election  and the other  inspector and his substitute shall belong to the party, branch or fraction thereof, or political group which polled the next largest number of  votes  at said  election; and  the  inspectors so appointed shall be persons proposed by the legitimate  representative  or representatives  of such  political parties, branches, or fractions thereof, or political group:  Provided, however, That if on or before the date of the  designation of the election inspectors as prescribed herein, any party, branch, or fraction thereof  or  political  group entitled to representation  has not proposed eligibles for the office of inspector, the designation made by  the council shall be final for such party or political group.

"A 'political  party' is an organized group of persons  who pursue the same  political ideals in a government.

"A 'political  group' is a number of persons who unite for election purposes.

"In  case of a vacancy in the office of  election  inspector or poll clerk, the same shall be covered for  the remainder of the term by the municipal council, as above  provided. "With the exception of the notaries public, no person who holds  any public office, or is a candidate for any elective public office shall be eligible to appointment as inspector or poll clerk."
SEC. 6. Section four hundred and twenty-four of  Act Numbered Twenty-seven hundred and eleven, as amended by Act Numbered Three thousand and  thirty, is hereby amended to read as follows:
"SEC. 424. Pay of inspectors and  clerks.—Each inspector of election and poll clerk 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 days' pay for election  day.   The municipal treasurer shall be entitled to compensation for the services rendered by him  in accordance with this Law, equivalent  to the per diem  of  an election inspector for election day.  The rate of pay shall be fixed by the municipal council but shall not be less than  five nor more than fifteen pesos per day and shall not be changed during the term  of office of the inspectors  or of the clerk."
SEC. 7. Section four hundred  and  twenty-five of  Act Numbered Twenty-seven hundred  and  eleven  is hereby amended to read as follows:
"SEC. 425. Registration as prerequisite  of right to vote.— In each  municipality a permanent list of voters shall be kept,  and no person shall vote at any general or special election held  under the provisions of this  chapter unless his name appears upon said list of voters.

"It shall be the duty of the Chief of the Executive Bureau to see that  seventy-five days previous to the date of the general election of nineteen hundred and twenty-five, each municipal treasurer shall receive three certified copies, on suitable forms, of all lists  of voters used  at the last general election  and special elections  in the municipality concerned."
SEC. 8. Section four hundred and twenty-six of Act Numbered Twenty-seven hundred and  eleven, as amended by Act  Numbered  Three thousand  and thirty,   is hereby amended to read as follows:
"SEC.  426. Voter's affidavit—Its  contents—List of deceased and convicted—Treasurer's duties regarding same.— Any applicant for registration in the list of voters shall file with the municipal treasurer, in triplicate, an affidavit duly made before  said officer or the municipal secretary, setting forth his name and surname,  citizenship, place, and date of birth, age on  last birthday, whether married or single, profession, occupation  or trade, residence, stating his exact and  correct  address, time  of  residence  in the  Philippine Islands and in the municipality on the  date of the affidavit, the qualification or qualifications entitling  him to be a voter; that he has none of the legal disqualifications for being a voter; the nature of his physical  incapacity for preparing his ballot on election day, if he be illiterate  or physically incapacitated; and that he  recognizes  and accepts the supreme authority of the  United States of America in the Philippine Islands  and will maintain  true faith and allegiance thereto.  He shall also state, if, and where he voted at the preceding election, and if he  has changed residence, he shall  attach a copy of the application for cancellation mentioned in section four hundred and  twenty-nine, duly certified  by the  treasurer  of  the municipality where he resided previously.  On this  affidavit shall be placed the number and place and date of  issue of the personal cedula of the affiant.

"Electors who have registered by reason of the qualification specified in subsection (b)  of  section four hundred and thirty-one of this Act and have subsequently lost such qualification, shall  report this fact  to the municipal treasurer of the municipality where they  reside and request the cancellation of their registration in the list  of voters.

"A copy of  this affidavit shall be filed in the  office of the municipal treasurer, another in the office of the municipal secretary,  and another in  the office of the register of deeds of the  province, and shall be forwarded to these officers through the municipal treasurer and with the latter's certificate that  they are the correct duplicate and triplicate of the original and that he has received and registered such original, stating  the date of receipt and record number thereof.  In  case  the  party interested furnishes an  additional copy, the municipal treasurer shall return the same to him with a  like certificate.

"Voters who registered at the  general  election  of  nineteen hundred and twenty-two  and at the special elections held subsequently thereto, need  not make  the affidavit prescribed by this  section and shall be considered as duly registered for the purposes of the present Act,  exclusive of those who have removed to another municipality, incurred any of the incapacities for being a voter, or ceased to have the qualification specified in subsection (b) of section four hundred and thirty-one if they have registered by reason of such qualification.  Those desiring to register as  voters for any subsequent election shall make the affidavit referred to in  the first paragraph of this section within the ten days next preceding  the first day designated by law for the registration of voters before a general or special election.

"Within the  first five  days of each month, the municipal secretary shall furnish to the municipal treasurer a list of the registered  voters of the municipality who  have died.

"Within the  first five days of each month,  the clerk of the Court of First Instance shall likewise transmit  to the municipal treasurers a list of the males convicted by final sentence of the violation of the oath of  allegiance  to the United States  or sentenced to  eighteen months or more of imprisonment.

"The municipal treasurer shall  classify and  separate the affidavits for registration in the list of voters and the applications for cancellation of registrations in the same, by election precincts, as these have been arranged for the next general election.   He  shall likewise  so  classify the  voters who have died, those who have been convicted of violation of  the oath of allegiance to the United  States, those who have  been sentenced to eighteen months or more of imprisonment, and those who  have otherwise lost their qualification as voters.

"On the eve of the first day designated by  law for the revision of the list of voters, the  municipal treasurer shall deliver to the board of inspectors of each election precinct the affidavits and applications mentioned in the preceding paragraph, and the notices given under said paragraph by voters who, having qualified under subsection (b) of section four hundred and thirty-one, have lost  such qualification, and likewise the  three copies of the  list of voters of said precinct filed with him after the preceding election.   In case a new election precinct is created, the municipal treasurer shall furnish to the board of inspectors thereof three certified copies of the lists of voters of each of the existing precincts from which the  territory comprised in the new precinct was taken.  The municipal treasurer shall likewise furnish to the board of inspectors of  each election precinct a list duly certified by him containing an exact statement of the names  and surnames of the voters of said precinct who have died, have violated their oath of allegiance to the United  States or have  been sentenced to  eighteen months or more of imprisonment:  Provided, however, That for the general election  of nineteen  hundred and twenty-five, the municipal treasurer,  immediately  upon  receipt from  the Chief of the Executive Bureau of the three duly certified copies of the list of  voters sent to him  by said  Chief, as provided in  section four  hundred and  twenty-five, shall deliver  the same to the board of inspectors, and  in case a new election precinct is  created, the municipal  treasurer shall  likewise furnish  to the  board  of  inspectors thereof three certified copies of the list of voters received by  him from  the Executive Bureau for each of the existing election precincts from which the territory comprised in the new precinct was taken."
SEC.  9. Section four hundred and twenty-seven of  Act Numbered Twenty-seven  hundred and eleven,  as amended by  Act Numbered Three  thousand and  thirty, is hereby amended to read as follows:
"SEC. 427. Meetings of  board of inspectors  for revision of list of voters.—The board of inspectors for each election precinct in  which an election  is to be held shall hold  two meetings for the revision  of the list of  voters and the rejection  of the registration of voters who have filed affidavits as provided in section four hundred and twenty-six of this Act, upon challenge and decision by the board in this sense, after  hearing the parties and  examining their evidence, at the place designated as polling place,  previous to  each general election, on the seventh Saturday and sixth  Saturday next  before  election  day.  The said inspectors shall  also meet  on the Saturday next before election for the purpose of correcting said revised  list, by adding names thereto or striking names therefrom  in accordance with the  orders of the constituted authorities, as  hereinafter provided, and to number and complete the  list.  Every meeting 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 a half: Provided, however, That if upon the stroke of seven o'clock in  the evening on either of the two days designated by law for the revision of the list there still remain persons who have filed affidavits in accordance with  the provisions of section four  hundred and twenty- six and desire to be registered, but have not been so registered,  the election inspectors  shall make a  list  of those present at said hour within a radius of thirty meters from the polling place and shall hand  each of them a consecutively numbered card, and upon presentation of said card, registration shall be permitted  after seven o'clock in the evening, but not as regards  persons arriving after  said hour: Provided, further, That challenges questioning the right of a voter to vote made before the board of inspectors shall be heard and decided by said board within a period of not more than five days."
SEC.  10. Section four  hundred and  twenty-eight  of  Act Numbered Twenty-seven hundred and  eleven, as  amended by  Act Numbered Three thousand  and thirty, is  hereby amended to read as follows :
"SEC. 428. Mode of registration—Contents of list.—The inspectors of each election  precinct shall prepare at  such meetings a list of the names and residences of the persons qualified to vote in such precinct  at  such  election.  Said list shall contain the names of  all persons registered at the preceding general elections or special elections who have not died, removed to another municipality, incurred any of the disqualifications for being a voter, or  ceased to  have the qualification specified  in subsection  (b) of section  four hundred and thirty-one,  if registered thereunder, and those of persons whose application for registration filed with the municipal treasurer as provided in section four hundred and twenty-six has  not been challenged or, if challenged,  has been decided by the board in the sense that the applicant is qualified to be a voter.  From this decision of the board, an appeal shall lie to the competent court.  The said list, upon completion, shall be the revised  list of voters  of the  precinct for  said  election.  The list 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 surnames 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 residences of  such  persons by street  and number, or, if there be none, by a brief description  of  the locality  thereof; in  the fifth  column the qualification or qualifications  by  virtue  of which  he has taken the elector's oath,  and in the  sixth column there shall be inserted, on the day of the election, the consecutive voting number given to each voter.

"At  the  first meeting, a  space shall be  left after  each set  of surnames beginning with the same  letter sufficient for the addition thereto at subsequent meetings of surnames beginning "with the same letter. Before any such  surnames are added at any  such  subsequent  meeting there shall be written 'added at the second meeting.' "
SEC. 11.  Section four hundred and twenty-nine of Act Numbered Twenty-seven hundred and eleven, as  amended by Act Numbered Three  thousand  and thirty,  is  hereby amended to read as follows:
"SEC. 429. Registration in other municipality  unlawful.— It  shall be unlawful for a voter registered in  one municipality to register  in  another without having previously applied for the cancellation of his former registration, for which  purpose it shall be sufficient for him to file with the municipal treasurer of the municipality in which he is registered a sworn application in quadruplicate requesting the cancellation of his registration  and stating  the date on which  he removed to his new residence and his correct and exact new address.  Three copies of this application shall be disposed of by the municipal treasurer in the same  manner as prescribed in  section four  hundred  and  twenty-six for the copies of the original affidavits of voters.  The fourth copy, after certification by said municipal treasurer,  shall be returned to  the  applicant.

"Any voter who, after having registered  in a polling place  for the general  election  of nineteen hundred and twenty-two, has registered in another polling place or places for any special election or elections held subsequently,  shall be required to  demand the cancellation of  the number of registrations necessary to have  him registered in no more than one  polling place before the day designated  by law for the revision of the list of voters."
SEC. 12. Section  four hundred  and thirty of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:
"SEC. 430. Who  may  be  registered.—The names of all' persons who have complied with  the requirements of sections  four hundred  and  twenty-six,  four  hundred and twenty-seven, and four hundred and twenty-eight  shall be placed upon the  registration  lists provided they have the qualifications prescribed for voters in section four hundred and thirty-one and none of the special disqualifications  mentioned in  section four hundred  and thirty-two.

"A  person not having, at the time  of registration, the requisite qualification  as  to age  or the period of his  residence  in the municipality shall  also  be registered  if  it be shown that at the time of the ensuing election he will have such qualification."
SEC. 13. Section  four  hundred and thirty-two  of Act Numbered Twenty-seven hundred and eleven, as amended by  Act Numbered  Three thousand and thirty, is hereby amended to read as follows:
"SEC. 432. Disqualifications.—The following persons shall be  disqualified  from voting:

(a)  Any person who, since  the thirteenth day of August, eighteen hundred and ninety-eight, has been sentenced, by final sentence, to suffer not less than  eighteen months of imprisonment, such disability not having been removed by plenary pardon.

(b)  Any  person  who  has violated an oath of allegiance taken  by him to  the United States.

(c)  Insane  or feeble-minded  persons.

(d)  Deaf mutes  who cannot read and write.

(e)' Persons who, having registered as not incapacitated for registration,  present  themselves at the hour of voting as incapacitated, irrespective of  whether such incapacity be real or feigned."
SEC. 14. Section  four hundred and  thirty-three of Act Numbered Twenty-seven hundred and  eleven, as amended by  Act Numbered Three  thousand and  thirty, is hereby amended to read as follows:
"SEC.  433. Certificate  of  inspectors—Disposition  of lists.—At the close of each meeting for the registration of voters, the inspectors shall append to each of the lists a certificate signed  by all of them stating that the list as it then appears is a true and correct list of the names and residence of  the voters previously registered  in the list of voters of said election precinct and  of the new voters who are qualified at the forthcoming election.

"One copy  of such list, so certified, shall be deposited in the office of the municipal secretary early on the Monday following each meeting, to be open to the inspection of the public until election day;  another, also certified, shall, on the same day and at the  same hour, be sent by  the poll clerk to the office of the register of deeds; another copy, also certified, shall be sent by him to the Executive Bureau; and three copies,  also certified, shall be retained by the inspectors,  who shall  permit their inspection  by voters of the precinct on meeting days from eight o'clock in the morning to five o'clock in the afternoon."
SEC. 15.  Section four hundred  and thirty-seven of Act Numbered Twenty-seven hundred and  eleven, as amended by  Act Numbered Three  thousand and  thirty, is hereby amended to read  as follows:
"SEC. 437.  Application to strike names from list.—Any qualified elector in the precinct or candidate or representative of a candidate authorized in writing, may apply to the judge of first instance, the justice of the  peace of  the provincial capital or  the circuit justice of the peace, for an order striking from the list the name or names of any person or persons claimed to be erroneously or  wrongfully registered.  In case  application is made to the judge of first instance, such application  shall be filed after the first day of registration and not later than twenty  days before the Saturday next before the  day of the election; but if application be made to the justice of the peace of the provincial capital or  the circuit  justice  of  the peace, said application shall be filed after the first day of registration and not later than  thirty days before the Saturday next before the day of the election."
SEC. 16.  Section four hundred  and  thirty-eight of Act Numbered Twenty-seven hundred and  eleven, as amended by  Act Numbered Three  thousand and  thirty, is hereby amended to read  as follows:
"SEC. 438.  Jurisdiction and competence in  inclusion and exclusion of  electors.—The judge  of first instance and the justice of the peace of  the  capital shall have concurrent jurisdiction throughout the province, and the circuit justice of the peace  in all municipalities of his circuit,  over all matters concerning the inclusion in and exclusion from the registry list of electors; but the one to whom the application is first presented  shall acquire exclusive jurisdiction over the same: Provided, That  from the decisions of the justice of the peace of the provincial capital and the circuit justice of the peace,  an appeal shall lie to  the judge of the Court of First Instance.

"The clerk  of  the  Court of First Instance, the justice of the peace of the provincial capital, and the circuit justice of the peace shall, upon receiving the petition, note the date and hour of its filing upon the same, and the case shall be decided within ten days after such date.

"The circuit justice of the peace may hold sessions in any municipality of the circuit and the justice of the peace of the provincial capital in any municipality of the province, at which the challenge or application shall be heard, as they may see fit, and the actual traveling expenses and per diems of three pesos for each day shall be payable by the municipality to which the  application belongs and to which they go."
SEC.  17.  Section four hundred  and forty of Act  Numbered Twenty-seven hundred and eleven, as amended by Act Numbered  Three thousand  and thirty,  is hereby amended to read as  follows:
"SEC. 440. Revision of list of voters for special election.— Prior to a  special election one meeting, and no more, shall be held  for purposes of registration, which meeting shall take place  twenty days before the day designated for the election.  The register of voters for the last preceding general election—as  supplemented at  any previous registration for a special election that may have intervened—shall serve as the  basis of the  registration in  question; and to such prior register shall  be added  the names of persons who, having applied  for  registration by means of  the  proper affidavit, prove to be  entitled to vote at the  ensuing special election.  The register as thus completed shall be the official register for the special election,  and the provisions  of the second  paragraph of the last preceding section shall be observed with regard to it."
SEC. 18.  Section four hundred and forty-one of Act Numbered Twenty-seven  hundred and eleven is hereby amended to read as  follows:'
"SEC. 441.  Question  as to  right  of voter to  be  registered.—At any special registration, and at  any time thereafter prior to  the impending election, the right of any voter to be registered or to have his name remain on the registration list may  be  drawn  in  question and determined in substantial  conformity with  the  procedure prescribed in regard to such matter under the  general registration;  and such notice shall be  given as may be practicable or as may be required in the discretion of the judge to whom application is made.  In such case the board of  inspectors shall comply with the order of the judge in regard  to the adding or  striking out of names, at any time before the election or on election day."
SEC. 19. Section four hundred and fifty-two of Act Numbered Twenty-seven hundred and  eleven is hereby amended to read as follows:
"SEC. 452. Preparation of ballot by voter.—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.  No voter shall be allowed to occupy  a booth already occupied by  another voter, or to occupy a booth more than eight minutes in case there are  voters waiting to occupy booths, or to speak or converse with any one 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. It shall likewise be unlawful to use carbon paper for making a copy of the ballot or make use of any other  means of identifying the vote of the voter.

"Any ballot cast  for a deceased or  imaginary person or for a person  for an office for which he is not a candidate, or when circumstances  show the purpose of the voter to identify the  ballot,  shall  likewise  be  unlawful,  null  and void."
SEC. 20. Section four  hundred and fifty-six of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:
"SEC. 456.  Challenge  of  person offering  to  vote.—Any qualified voter of the election precinct, if he believes that any person who is not registered is offering to vote: or that any person is offering to vote in the name of another, may challenge the  vote of such person upon such ground, and the board  shall  thereupon take  the  oath of such  person or otherwise  satisfy itself whether or not the ground of challenge be true.

"For the purpose of receiving and counting  the vote it shall be sufficient if the person so challenged shall prove that he is the identical person duly registered  as  by law provided,  by  means of  a  statement identifying him, subscribed and sworn to before the board by two known voters of the polling place.  This sworn statement and the affidavit of the person challenged shall  be attached to the minute- record made of the incident."
SEC. 21. Section four hundred and sixty-five of Act Numbered Twenty-seven hundred and eleven, as amended by Act Numbered Three thousand and thirty, is hereby amended to read as follows:
"SEC. 465.  Inspectors' statement and  certificate of result.—Within three hours after the completion of the count the inspectors  shall make,  complete, 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 ballot  stubs  received from the  municipal  treasurer, the whole  number  of ballots deposited in the ballot box, the whole  number of votes  adjudicated to each  candidate for each office, the whole number of ballots rejected as marked, and the whole number objected to because marked  but not rejected, the  whole number of ballots objected  to  and rejected for other reasons, the whole number  of  ballots objected to  for the same  or  different reasons, but accepted, the whole number of spoiled ballots, the whole  number of ballots remaining on hand, and the whole number of ballots not used,  writing out at length in words and not in  figures, and at the end thereof a certificate signed by the inspectors to the effect that the statement is in all respects correct and any protest filed  by the watchers.  Every  such  statement shall be made upon a single sheet of paper, or if this cannot be done, each  sheet thereof shall be signed on the margin by all  the inspectors.  Forthwith thereafter, but in any event within one hour after the proclamation,  one  copy thereof shall be filed with the municipal treasurer, one shall be forwarded in the manner provided in the next following section to  the  provincial treasurer,  and one, also  sealed, shall be forwarded to the Chief of the  Executive Bureau. The fourth shall  be placed by the board in the valid-ballot box upon sealing the  same.

"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.

"After  publication of the result and before retiring,  it shall be the duty of the  inspectors of the polling place to furnish a certificate of the number of  votes  cast for each candidate for Insular and provincial office and  municipal president and vice-president to all and each of the watchers present at the polling place  who may request  the same. The  statements and certificates of votes referred to in this section shall be delivered  before, and not after, four o'clock in the afternoon  of the day next following election."
SEC. 22. Section four  hundred and  sixty-seven  of Act Numbered Twenty-seven  hundred and  eleven, as amended by Act Numbered Three thousand and thirty,  is  hereby amended to read  as follows:
"SEC. 467. Boxes and contents.—The ballots, together with the packages herein-before referred to, and also the unused ballot, shall be put in the  ballot box, which shall be  securely locked and sealed and delivered to the municipal treasurer immediately after the count, for which purpose said officer shall keep his office open all night on the day of the election, if necessary, to take delivery of the objects referred to in this Act, and  shall provide the  necessary facilities therefor at the expense  of the municipality.  The spoiled ballots shall be  returned to the spoiled-ballot box, if removed therefrom, and such box, similarly locked and sealed, shall be likewise delivered to the municipal treasurer.   The sworn statements, applications for cancellation of registration, and  other  papers  and documents forwarded  by the municipal  treasurer to the board of inspectors, in  accordance  with  the provisions of  section  four  hundred  and twenty-six, and also the  three copies of the  list of voters, the sworn statements and other papers  relative to  the registration, election and counting  of votes, shall likewise be delivered to the municipal treasurer after the election.

"The municipal treasurer shall, on the day  after election, notify the members of the boards who have  failed to send the objects mentioned in this section to deliver the  same immediately to him or to  a delegate of said municipal treasurer previously designated by him."
SEC. 23.  Section four  hundred and  seventy-five  of Act Numbered Twenty-seven hundred and  eleven, as amended by Act Numbered  Three thousand  and thirty,  is hereby amended to read as follows:
"SEC. 475. Procedure when  election results in  tie.—In case the board of canvassers, or the Governor-General, as the case may be, decides that an election  for  senator or member of the House of  Representatives results in  a  tie, they shall  certify their decision, together with  the  statements and  all papers  upon which the same is based, to the Senate  or House of Representatives, as the case may be, which body shall have jurisdiction of the matter thereafter; in case the board of canvassers shall  decide that  an election for provincial governor, member of the provincial board or councilor of the City of Manila results in a tie it shall similarly certify the matter to the  Senate, which  shall have jurisdiction to declare either of the  tied candidates elected or to order a special election, as it may decide; but without prejudice in either case to the right of any candidate to contest the election as hereinafter provided."
SEC  24. Section  four hundred and  seventy-six of  Act Numbered  Twenty-seven  hundred  and eleven   is hereby amended to read as follows:
"SEC.  476. Incompetency to  act as member of board of canvassers.—Any member of the provincial board who  is a candidate for elective office shall be incompetent to act as member of the board of  canvassers, and in this case, the Chief of the Executive Bureau shall designate the provincial treasurer,  provincial  fiscal, clerk of the court of first instance, or district commander of the  Constabulary to act in his  stead."
SEC.  25. Section  four hundred and seventy-nine of  Act Numbered  Twenty-seven  hundred and  eleven, as amended by Act Numbered  Three thousand  and thirty,  is hereby amended to read as follows:
"SEC. 479. Contested election to office in  general.—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 by any registered  candidate  voted for at such election.   The contests shall be filed with the  court within two weeks after the proclamation.

"Such court shall  have exclusive and final jurisdiction, except  as  hereinafter provided.  Upon petition of an  interested party,  or  of its  own  accord if the interests of justice require it, said court shall forthwith  cause the registration lists, ballot boxes,  ballots, and other  documents 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 not  exceed  five  pesos per diem each and shall be payable in the first instance  out of the provincial  treasury.

"The court shall declare who has  been elected or that no candidate has been legally elected, as the case may be, and the candidate who has been declared  elected shall  be entitled to assume office without any other canvass by the board of canvassers, as soon as the clerk of the court has  notified the board  of canvassers of the decision of the court and the person concerned has received a copy thereof, unless by virtue of the section next following an appeal shall lie and shall have been filed in accordance with the provisions  of  said section.  The clerk of court shall immediately send certified copies of the decision to the board of canvassers and the candidates  affected by the same."
SEC. 26.  Section four hundred and eighty of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:
"SEC. 480. Appeal to Supreme Court in contested election case.—An appeal may be taken to the Supreme Court, within ten days, from any final decision rendered by the Court of First Instance on contests of elections  for provincial  governors or members of the provincial board, for the review, amendment, repeal,  or confirmation of such decision, and the procedure thereon  shall be the same as in a criminal cause."
SEC. 27. Section four  hundred and eighty-one of Act Numbered  Twenty-seven  hundred and  eleven,  as amended by Act Numbered Three  thousand and  thirty, is hereby amended to read as follows:
"SEC. 481. Mode of procedure in court cases.—Proceedings for the judicial contest of an election shall be  upon ' written contest with  summons, which shall be served  as hereinafter prescribed: Provided, That if the contest refers to the office of councilor,  it shall be sufficient  to summon the candidates proclaimed elected by  the municipal board of canvassers.

"In such proceedings the registration list as finally corrected by  the board of inspectors shall be conclusive as to who was entitled to vote at such election.

"The aforesaid summons shall be served by delivery by the sheriff of a copy of the summons and the contest to each of the registered candidates voted for personally, or in case of their not being found, by leaving such copies  at  their usual place of residence, in the hands of some person resident therein and of sufficient discretion to receive the same; such  notice shall be considered as having been served if the acknowledgment of the service made as herein-before prescribed shall appear on the back of the summons.

"Where  the whereabouts of a candidate is unknown, for the reason that he is absent from the locality or conceals himself to avoid the service of summons, and the fact appears by affidavit to the satisfaction of the court, the latter shall make an order that the service be made by publication in some newspaper generally read in the locality, or in the absence  thereof, by  notices  posted in  several of the  most conspicuous places of the locality, of an order which he shall make and which shall fix the date  on  which the person absent, concealed or of unknown whereabouts shall appear, which shall not be more than twenty days thereafter.

"The candidate whose  election is contested and all other registered candidates voted for may reply thereto within fifteen days after the summons, or if they have appeared without being summoned, within fifteen days from the date of their appearance, but in all cases before the beginning of the hearing of the case in court.  The reply shall  verse only  on the precinct or precincts covered by the allegations of the contest.  If the candidate whose election is contested or any other registered candidate voted for desires to contest the votes obtained by the contestant in other precincts, they shall file a counter  contest within the time limit designated in this paragraph and serve a copy thereof upon the contestant by registered mail or personal delivery, established by a receipt signed by the contestant or his duly authorized agent.  The contestant shall reply to the counter contest within  ten days  after notification.  If no reply is made to the contest or counter contest  within the  time limits designated therefor, a general denial shall be deemed to have been entered.

"The Court of First Instance and the Supreme Court shall hear election contests in preference to all other cases and shall try and decide them as soon as possible, whether it be a regular  term of court or not.

"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 Chief of the  Executive Bureau."
SEC. 28. Section four hundred and eighty-two of the same Act is hereby amended to read as follows:
"SEC. 482. Bond  or cash  deposit  required  of  contestants.—Before the court shall entertain any such contest or counter contest or  admit an  appeal,  the party filing the contest, counter contest  or appeal shall  give bond in  an amount fixed by the court with two  sureties satisfactory to it,  conditioned that he will pay all expenses and costs incident to such motion or appeal, or shall deposit cash in court  in lieu of such bond.   If the party paying such expenses and costs shall be successful they shall be taxed  by the court and  entered and be  collectible as a judgment against the defeated party."
SEC. 29. Section twenty-six hundred and thirty-seven of Act  Numbered Twenty-seven  hundred  and   eleven,  as amended by Act Numbered Three thousand  and thirty, is hereby amended to  read as follows:
"SEC. 2637. Fraud and omissions  touching registration and other  proceedings.—Any inspector or poll clerk who knowingly enters upon any registry or poll  list or causes or allows  to be entered thereon the name of  any person as a voter in a district who is not a voter thereof or  has not filed the required  affidavit, or who includes  as voter the name of  a person  who  has requested that his name  be stricken from  the list  or whose name has  been  ordered stricken from the list by the  competent court,  or  who includes in the list the name  of a deceased  person  or  a person  who has incurred any  of the disqualifications for being a voter provided by law,  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 six months nor more than four years, and by a fine of not less than six hundred pesos nor more than  four thousand pesos,  and in all cases  by deprivation  of the right of suffrage  and disqualification from public office for a period of not more than five years.

"Any election inspector who fails to publish the registry list or transmit the same to the  proper authorities, or who refuses to give a certified copy of the statement and registry list and other certificates and proceedings of the election board within  the term fixed in this law,  or who fails to deliver the keys of the boxes to the municipal treasurer, as herein  provided, or deprives the watchers or any voter of the right granted to them by the  present law, and any officer of any category or private individual inducing or aiding the election inspectors to commit any of the aforesaid acts or committing the same himself, shall be  punished by imprisonment for not less than three  months nor more than two years, and by a fine of not less than three hundred  pesos nor more than two thousand pesos, and  in  all cases  by deprivation  of the right of suffrage  and disqualification from public office for a period of not more than four years."
SEC. 30. A  new section, to be known as section twenty- six hundred and thirty-seven and a half, is hereby inserted between sections twenty-six  hundred and thirty-seven and twenty-six hundred and thirty-eight of  Act  Numbered Twenty-seven  hundred and eleven, to read as  follows:
"SEC. 2637.1. Other punishable omissions.—Any municipal secretary  who knowingly fails to forward to the municipal treasurer within the time limits fixed by  law a list of the voters registered in the municipality who have died, or any clerk of a court of  first instance  who knowingly fails to send to the municipal treasurers the list of  the males convicted by  final sentence of  a violation of the oath of allegiance to  the United States and of those  sentenced to eighteen months or more of imprisonment, and any municipal treasurer who,  on the eve  of the preparation  of the list of voters,  fails to  deliver to the board of  inspectors of each election precinct the copies of the list of voters of the last election,  the affidavits for  the  registration  of voters, the applications for the cancellation of registration or the list of the voters of said election precinct who have died, violated the oath of allegiance to the United States or been sentenced to  eighteen or more months of imprisonment, or who knowingly fails to forward any of the  affidavits or applications for cancellation or  the  name or names of any voter or voters who have died, violated the oath of allegiance to the United  States or been sentenced to eighteen or more months of imprisonment,  shall  be punished by imprisonment for  not less than two months nor more than one year or  by a fine of not less than two hundred pesos nor more than one  thousand pesos."
SEC. 31. Section twenty-six hundred and forty-seven of Act Numbered Twenty-seven hundred and eleven, as amended by Act Numbered Three thousand and thirty, is hereby amended to read as follows:
"SEC. 2647.  Unlawful  registration.—Any person who causes or attempts to cause his name to be registered, knowingly that he is not a qualified voter in the district in which he  registers, or who attempts to register, and any person who, having registered in any other polling place or places after the general election of nineteen hundred and twenty- two  and before the general election of nineteen hundred and  twenty-five, does not first request the necessary  cancellation or cancellations  as required by this law, 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 person  in doing any  of  the acts above mentioned, shall be punished by imprisonment for not less than one month nor more than two years,  and by a fine of not less than one hundred pesos nor  more  than  one thousand  pesos, and in  all cases by deprivation of the  right  of  suffrage and disqualification from public office for a period of not more than four years."
SEC. 32.  Section  twenty-six hundred and fifty  of  Act Numbered  Twenty-seven  hundred  and  eleven, as amended by Act Numbered  Three thousand and  thirty, is  hereby amended to read as follows:
"SEC. 2650. Secretion,  taking or destruction  of election supplies.—The following shall  be punished  by imprisonment for from one  year  to five years, a fine of from one thousand pesos to five thousand, or deprivation of the right of suffrage and  disqualification from  public office for a period of not more  than five years:

"1. Any  person who maliciously injures, destroys, takes, secrets  or  carries away  any sheet, register, affidavit, application for  cancellation of registration,  list,  statement, ballot, ballot box, key, material or document  used officially in connection with the lists of voters or the elections or furnished for  election  purposes.

"2. Any  public officer or employee who consents to,  aids in, or allows the commission of any of the acts mentioned in the preceding paragraph."
SEC. 33.  All acts  or parts of acts inconsistent with the provisions of this Act are hereby  repealed.

SEC. 34.  This Act shall take effect on its approval.

Approved, December 6, 1924.