Comelec says Internet voting not illegal

The Commission on Elections (Comelec) assured the public yesterday that voting over the Internet is legal.

Comelec spokesman James Jimenez pointed out that there is no specific law prohibiting anyone from casting his vote using the web.

"There is no prohibition against Internet voting and we already have two opinions from the Solicitor General (about this). We see no problem in implementing Internet voting," Jimenez said.

The Comelec last month approved the conduct of voting through the use of modern technology to allow some 26,000 Filipino migrant workers in Singapore to cast their votes for the May 14 elections.

When this succeeds, poll officials said they may implement the scheme in other countries and allow other Filipinos to vote from abroad.

The Comelec has tapped the Spain-based Scytl’s technology company to implement the project, which costs around P23 million or P877 per voter.

Sen. Richard Gordon said Friday that voting through the Internet is illegal since there is no law regulating the scheme and it did not undergo any bidding process.

Jimenez, however, countered that while there is no law regulating Internet voting, "there is also no law prohibiting it either."

"On the other hand, (under) the Omnibus Election Code, the Comelec has the authority to use new technology so we think there’s enough legal basis for this. There’s no prohibition against this," he said.

Earlier, Comelec commissioner and chairman of the Comelec Committee on Overseas Absentee Voting Florentino Tuason Jr. admitted that Scytl’s did not go through the usual bidding process but claimed the Office of the Solicitor General gave the "imprimatur" to them to go ahead with the deal.

Tuason claimed the Solicitor General had taken notice of the need to hide from the public the trade secrets of the Italian firm and its patents, which might be compromised once a public bidding starts.

Scytl’s system contains security features that guard the sanctity of ballots and it also speeds up the voting, canvassing and transmitting procedures.

"This is Spanish technology with an international patent. It has already been used in Australia, the United States, Spain and, I think, in Finland and Switzerland and in Europe," Tuason added.

Jimenez also asserted the Comelec cannot utilize the "Botong Pinoy" automated voting system recommended by Gordon because of lack of time and preparation.

"We also have to train people and to educate voters. Although they are saying that the software of Botong Pinoy is for free, it’s not only the software that you need when you are conducting an election," Jimenez pointed out.

He said the Comelec would also have to buy the computers and pay for the people who will operate it with the software during the elections.

"We cannot say that just because it’s free, we can use that. Besides there’s no such thing as free lunch… this is a business and the suppliers are out not to bankrupt themselves. We have to be realistic about this," he added.