Comelec lifts ban on poll surveys

The Commission on Elections (Comelec) has lifted its ban on the publication of election surveys prior to the midterm elections, an election official clarified yesterday.

Comelec Commissioner Florentino Tuason said the poll body has approved a decision scratching out the restriction contained in an earlier resolution.

"We have already deleted the provision of a resolution, which the Supreme Court has already declared unconstitutional. So our new resolution now reflects that it is legally correct," Tuason said.

On Monday, the Social Weather Stations (SWS) lashed out at the Comelec for "defying" the Supreme Court’s ruling on May 5, 2001 on a case involving election surveys.

Under Section 32 of Resolution 7767, the Comelec said "surveys affecting national candidates shall not be published fifteen days before the day of the election and surveys affecting local candidates shall not be published seven days before the day of the election."

SWS chairman Mahar Mangahas noted this was the same provision declared unconstitutional by the SC. They demanded the Comelec correct the provision.

Tuason pointed out the Comelec has already complied with the high court’s decision and amended the resolution.

Also yesterday, Tuason insisted that Internet voting is legal contrary to the claim of Sen. Richard Gordon.

"It is very explicit in the Omnibus Election Code that Internet voting is allowed and we will also seek the opinion of the Solicitor General (to prove its legality)," he said.

Meanwhile, Tuason noted that the Comelec is still assessing the situation in Abra and Nueva Ecija before coming out with the decision on the petition to declare the two provinces under control of the poll body.

An area can be put under Comelec control if there is a serious armed conflict.

At this time, the Comelec has yet to declare any place in the country under its direct control.

On the new poll automation law, a lawmaker said this measure that President Arroyo signed in Jan. 23 needs to be amended and fine-tuned, particularly the provisions that only limit the bidders of automated counting machines to companies that already have track record.

Makati Rep. Teodoro "Teddyboy" Locsin said Republic Act 9369 needs more changes that would include neophyte but qualified bidders to participate in the process, where they will be given the chance to prove their worth and help automate the May 2010 presidential elections.

Locsin lamented that senators, before the measure was finally approved by Mrs. Arroyo, inserted a provision in the law that stated only those firms that have "track record" can join the bidding to be held by the Comelec.

"Maybe in the next Congress, we can make amendments to remove the track record requirement. The only chance for track record is 2007. It’s not a hopeless case, we can begin with the barangay elections. Why don’t we do it in the barangay elections?" he asked.

Locsin likewise stressed that Comelec chairman Benjamin Abalos and the other commissioners cannot be impeached or booted out from office should they refuse to implement the new automation law in the May 14 elections.

"They (Comelec officials) can’t be impeached because they cannot be held liable for an impossible crime. It (automation law) has never been implemented and nobody impeached them," he told reporters in a briefing Monday.

The fate of computerized elections still hangs, as the Comelec on Monday deferred its decision on whether poll automation would be implemented in selected areas.

Since the law will only take effect on Feb. 12, Comelec Commissioner Resurreccion Borra said the Comelec would only start its preparations for possible pilot testing of poll automation in selected areas on that day. — Mayen Jaymalin, Delon Porcalla