Rules, Regulations and Procedures
(For the 2017 FAMAS General Elections)
FAMAS Committee on Elections (COMELEC 2017-2019)
(May 15, 2017)
TABLE OF CONTENTS
Article I Eligibility and Candidacy Page 1
Article II Candidates for Executive Board Page 1
Article III Filing Fees for Candidates Page 2
Article IV Political Parties Page 2
Article V Campaign Activities Page 3
Article VI Campaign Materials Page 4
Article VII Restrictions on Publicity Page 5
Article VIII Presentation of Candidates Page 5
Article IX Rule Violations Page 5
Article X Withdrawal of Candidacy and
Replacement Candidates Page 6
Article XI Date and Place of Elections Page 6
Article XII Campaign Volunteers Page 7
Article XIII Authorized Representatives Page 7
Article XIV Watchers at Close Polls Page 8
Article XV Reporting of Alleged Election
Day Problems Page 8
Article XVI Counting of Ballots Page 8
Article XVII Election Results Page 8
Article XVIII Communication with COMELEC Page 9
Article XIX Penalties and Complaints Page 9
Article XX Refusal, Incapacity and Disqualification
of Winning Candidates Page 9
Article XXI Security Page 10
Article XXII Other Business ` Page 10
COMELEC CERTIFICATION Page 11
FAMAS Elections – Rules, Regulations and Procedures
Note: These Election Rules, Regulations and Procedures are in effect only for the 2017 elections.
ARTICLE I – ELIGIBILITY AND CANDIDACY
Section 1 – A person who wants to be a candidate in the 2017 Elections must be a registered member. A candidate must be qualified as of the day he/she files his/her Certificate of Candidacy and must remain qualified throughout the election period and if elected, until officially declared elected by the FAMAS Committee on Elections (COMELEC).
Section 2 – To be eligible to run for office, a candidate must be a bonafide/registered member of FAMAS as stated in Article VII, Section 5 of its Constitution and Bylaws.
Section 3 – To be recognized by the COMELEC, a candidate must:
*file a Certificate of Candidacy and pay the required non-refundable filing fee not later than 5:00 P.M. on the 2nd Sunday of June of the election year (June 11, 2017) at the Philippine Community Center at 4708 Van Horne Avenue, Montreal.
*attend an orientation meeting on the 3rd Sunday of June of the election year (June 18, 2017) from 2:00 to 4:00 P.M. at the Philippine Community Center.
Section 4 – All required forms must be submitted to the COMELEC at the Philippine Community Center.
ARTICLE II – CANDIDATES FOR EXECUTIVE BOARD
Section 1 – To have his/her name placed on the ballot, a prospective candidate must complete a Certificate of Candidacy form by the 2nd Sunday of June of the election year (June 11, 2017) not later than 5:00 P.M.
Section 2 – The completed Certificate of Candidacy form shall consist of the candidate’s full name, residence and mailing addresses, home and work phone numbers, cell numbers, email address, member identification numbers and position for which candidacy is being applied for.
Section 3 – Candidates running as a party must submit one Slate Identification form in addition to their individual Certificates of Slate Candidacy forms. If registered, shall be recognized on the ballot.
Section 4 – Candidates for the Executive Board may run independently or in a slate under a party.
Section 5 – Executive Board candidates who run as a party must run with all of the following positions: President, Vice President for Internal Affairs, Vice President for External Affairs, Secretary, Treasurer, Auditor, Accountant, Public Relations Officer, Director of Education, Social and Cultural Affairs, Director of Membership, Director of Sports and Youth Development, Director of Outreach Services, and Director of Special Projects.
Section 6 – If any registered political party is unable to fill up the whole slate, its candidates may still run for office. However, the name of their party will not appear on the ballot and its candidates will be regarded as independents.
Section 7 – Once the filing deadline is over, candidates may not switch parties. New parties may not be formed after the filing deadline.
Section 8 – If a candidate for the Executive Board who is affiliated with a party withdraws his/her candidacy, the party has to replace him/her as soon as possible.
Section 9 – Under no circumstances may a candidate withdraw candidacy for one position and then seek candidacy for another position in the same election.
Section 10 – Candidates may list their party affiliations and running mates in any campaign materials.
Section 11 – If there is only one candidate for any particular office, the candidate shall be declared elected by acclamation by the COMELEC.
Section 12 – If there is no candidate for any particular office, that position shall be declared vacant. The newly elected Executive Board once in office, may fill up the vacant position.
Section 13 – A replacement candidate shall be regarded as a write-in candidate. A write-in candidate whose name does not appear on the ballot, but for whom voters may vote nonetheless by writing in the person’s name on the space provided for such candidate.
Section 14 – The COMELEC shall proclaim the winning candidates.
ARTICLE III – FILING FEES FOR CANDIDATES
At the time of filing a Certificate of Candidacy for any office, all candidates must pay a non-refundable filing fee, as follows: One Hundred ($100.00) Dollars for presidential candidates and Fifty ($50.00) Dollars for all other candidates, in cash only.
ARTICLE IV – POLITICAL PARTIES
Section 1 – Political Party defined: For the purpose of the FAMAS Elections, a political party is an organization one of whose fundamental purposes is to participate in the FAMAS affairs by endorsing one or more of its members and supporting their candidacies for the FAMAS Executive Board.
Section 2 – A political party may not necessarily be regulated by the COMELEC, but once a party exists, it may apply to be registered.
Section 3 – Party name on the ballot: The name of the registered party shall appear on the ballot, together with the name of said party’s candidates in the election he/she is running in. If a candidate is either not endorsed by a registered party or endorsed by an unregistered party, the candidate shall have the word “Independent” under his/her name.
Section 4 – Applying for registration: A political party that wishes to participate in an election may apply to be registered with the COMELEC. The application for registration must be signed by the party leader
and must include:
*the full name of the political party
*either the party’s short-form name or the abbreviation of the party’s name, if any, which will appear on election documents such as the official ballot
*the party’s logo, if any
*the name and address of the party’s leader
*the address of the party’s office where records are kept and to which communications maybe addressed
Section 5 – Restrictions on party name: The name, short-form name, abbreviation or logo of the political party applying for registration must not so resemble the name, short-form name, abbreviation or logo of another party as to be confused with. If the party intends to adopt English, French and Tagalog version of its name, all versions must be submitted with the application.
ARTICLE V – CAMPAIGN ACTIVITIES
Section 1 – Campaigning is any activity that promotes a candidate or party in association with an election. Campaigning includes, but is not limited to, the distribution of streamers, banners, posters and palm cards, the publishing of web content, door-to-door canvassing, emailing, public announcements, and telephone canvassing. As soon as Certificates of Candidacies are submitted with the COMELEC, the candidates may start campaigning.
Section 2 – Candidates must comply with all the election rules, regulations and procedures set forth in this 2017 Election Rules, Regulations and Procedures.
Section 3 – Candidates may not knowingly misrepresent any factual information about themselves, or attack another candidate’s character in any way.
Section 4 – Discriminatory, obscene, sexually suggestive, drug and alcohol related, and generally offensive content is prohibited.
Section 5 – No member of the Executive Board or Board of Trustees, either running for an office or not, may use his/her position to campaign for him/herself or any other candidate. Actions considered inappropriate include, but are not limited to, the following:
*Use of FAMAS email facilities or properties to promote a candidate
*Expressing one’s support for a candidate while acting officially in his/her capacity as a member of the Executive Board or the Board of Trustees
Section 6 – On Election Day, vote solicitation is not allowed within 100 feet of the polling place. Candidates and supporters must remain 100 feet away from the voting stations except when actually casting their votes. Any further restrictions on vote solicitation can be instituted on Election Day at the discretion of the COMELEC.
ARTICLE VI – CAMPAIGN MATERIALS
Section 1 – All sections of this Article apply to Campaign Materials.
Section 2 – Campaign Materials may not:
*be libelous, inflammatory, made in bad faith, in bad taste, or discriminatory
*contain any foul, obscene, sexual, homophobic, or discriminatory language
*infringe on other people’s rights
*promote violence or suggestive themes
Section 3 – Political campaign supplies, including Sample Ballots, maybe distributed outside the 50 feet radius of the polling place but must contain the statement “Paid for and Authorized by name of candidate or name of candidate’s campaign committee or name of political party committee or name and address of person responsible)”.
Section 4 – Sample paper ballots cannot be printed on white paper and must contain words “SAMPLE BALLOT”.
Section 5 – Voters are allowed to carry Sample Ballots and supplies into the polling place.
Section 6 – Negative campaigning discourages participation in FAMAS Elections and is therefore not allowed. Attacking other candidates may result in penalties or even disqualifications.
Section 7 – The COMELEC has the right to withhold approval of any campaign materials or apply penalties to candidates using inappropriate campaign materials.
Section 8 – Candidates may submit any campaign materials to the COMELEC for pre-screening of content. The COMELEC will certify submitted materials as allowable or will identify non-allowable aspects. Pre-clearance is not required for any materials other than streamers, banners, posters and palm cards.
Section 9 – Candidates may not damage, destroy, obscure, move or otherwise limit access to campaign materials produced by others. Protected materials include other parties’ streamers, banners posters, web content, and emails. Protected materials also include those produced by independent groups that promote a candidate or the elections in general, e.g. copies of any local Filipino newspapers that include articles or endorsements concerning elections.
ARTICLE VII – RESTRICTIONS ON PUBLICITY
Section 1 – Flyposting is illegal in the City of Montreal, along with other forms of defacement such as the use of stickers or graffiti. Campaigning in this way not only makes liable to prosecution but also damages the relationship between FAMAS and the City. As such, it will also make you subject to sanctions from the COMELEC.
Section 2 – Campaign websites and blogs are acceptable and encouraged. You must be careful, however, not to violate rules on your public statements or do anything else that you would not be allowed to do on flyers or other printed materials.
Section 3 – At polling stations: No items of publicity can be displayed within 50 feet of a ballot box. There should be no campaign materials, except sample ballots , that a voter may carry to the voting
booth to assist him/her in voting.
ARTICLE VIII – PRESENTATION OF CANDIDATES
All candidates shall be presented at the annual Pista sa Nayon.
ARTICLE IX – RULE VIOLATIONS
Section 1 – Allegations of rule violations must be submitted to the COMELEC within 72 hours after the discovery of the violation. The complainant/s shall furnish the alleged violators with a copy of their complaint.
Section 2 – The submission must clearly identify the rule allegedly violated and the specific action alleged to constitute the rule violation. All supporting evidence and/or documentation must be submitted to the COMELEC at the same time. The alleged violator/s will be allowed to submit within 72 hours a rebuttal to the charges either in person or via e-mail.
Section 3 – The COMELEC will investigate the complaint using all submitted information and any additional information it deems necessary. The COMELEC may call a hearing to investigate the violation.
Section 4 – The decision of the COMELEC is final.
Section 5 – Adjudication of alleged rule violations will follow the following timeline:
*from the time that a rule violation form is submitted, the accused party will have 24 hours to file a rebuttal.
*from the time that a rebuttal is filed, the COMELEC will rule on the allegation within 48 hours
* a party’s failure to comply with a deadline will constitute a waiver of their right to file a rebuttal.
ARTICLE X – WITHDRAWAL OF CANDIDACY AND REPLACEMENT CANDIDATES
Section 1 – Withdrawal of Candidacy – Any candidate who desires to withdraw his/her candidacy may do so at any time before Election Day by submitting an accomplished Withdrawal of Candidacy form to the COMELEC.
Section 2 – In case a candidate dies or incapacitated after the last day of filing a Certificate of Candidacy, he/she may be replaced by a candidate belonging to and nominated by the same political party.
Section 3 – The replacement candidate nominated by the political party concerned may file his/her Certificate of Candidacy as herein provided for the office affected as soon as possible with any member of the COMELEC.
Section 4 – No candidate who has withdrawn his/her candidacy for a position will be eligible as replacement candidate for any position.
Section 5 – No replacement will be allowed for an independent candidate.
Section 6 – If a candidate withdraws, dies or incapacitated after the ballots have been printed, an announcement regarding their withdrawal, death or incapacitation will be posted in the bulletin board in the polling place and in the voting booths for the benefit of the voters.
Section 7 – Any votes cast in favor of a withdrawn, dead or disqualified candidate will be declared null and void and will not be counted.
Section 8 – The names and the political parties of the replacement candidates and the offices they
are running for will be posted in the voting booth for the benefit of the voters.
ARTICLE XI – DATE AND PLACE OF ELECTIONS
Section 1 – The COMELEC in consultation with the Executive Board and in consonance with pertinent provisions of the FAMAS Constitution and Bylaws set the date of the election on August 6, 2017.
Section 2 – The election shall be held at Van Horne Parc as decided by the Executive Board.
Section 3 – No activities shall be held at the polling place on Election Day other than the elections of candidates to the FAMAS Executive Board. Election Day and the polling places shall be for FAMAS Elections alone.
Section 4 – The COMELEC may deputize a person or group of persons to provide security throughout the election process. They will be provided with appropriate identification tags that they must wear while performing their duties.
ARTICLE XII – CAMPAIGN VOLUNTEERS
Section 1 – Candidates’ poll volunteers must be outside 50 feet of any entrance of the polling place.
Section 2 – There is no limit to the number of candidates’ poll volunteers allowed outside the polling place.
Section 3 – Candidates’ poll volunteers cannot hinder or delay a person from entering or leaving a polling place.
Section 4 – Loudspeakers cannot be used within 200 feet of any polling place.
ARTICLE XIII – AUTHORIZED REPRESENTATVES
Section 1 – Each political party is allowed a representative for each registration booth who may remain in the polling place during the election process. No more than 2 representatives for each party are allowed in the polling place.
Section 2 – An authorized list of representatives should be given to the COMELEC or a written statement should be given to each representative to show at the polling place.
Section 3 – A representative cannot in any way hinder or delay a voter from voting.
Section 4 – A representative cannot in any way display a ballot, ticket, or other campaign material.
Section 5 – A representative cannot influence any person in casting his/her ballot.
Section 6 – A representative may mark or write his/her own list of those who have voted. The COMELEC cannot provide any lists to representatives.
Section 7 – A representative may report to the COMELEC a voter who is suspected or known not to be duly qualified to vote by asking for a proof of identification, e.g. medicare card or proof of residence.
Section 8 – A voter who is physically unable to vote his/her own ballot may be assisted, if he/she so requests, by an officer of elections or any other person of his/her own choice who is not a candidate in the current election.
Section 9 – All representatives will be provided with identification tags that they must wear while they are performing their duties.
Section 10 – The COMELEC may remove any representative who does not adhere to the aforementioned guidelines.
ARTICLE XIV – WATCHERS AT CLOSE OF POLLS
Section 1 – All candidates must have two (2) watchers at the polling place to witness the counting of ballots and ascertainment of results. The watchers must be qualified voters of FAMAS.
Section 2 – A watcher must have a written statement signed by his party representative or the independent candidate he/she represents which should be presented to the COMELEC.
Section 3 – Watchers may witness the counting and ascertainment of results but may not touch or handle any ballot, voting equipment or official document.
Section 4 – The watchers will be provided with appropriate identification tags that they must wear while
performing their duties.
ARTICLE XV – REPORTING OF ALLEGED ELECTION DAY PROBLEMS
Any alleged voting discrepancies should be reported to the COMELEC at the time they occur so that corrective action can be implemented immediately if necessary. Otherwise, the COMELEC cannot do much to remedy the situation if the election is over.
ARTICLE XVI – COUNTING OF BALLOTS
Section 1 – Soon after the closing of poll stations, ballot boxes will be opened by the COMELEC in the presence of the authorized representatives of each political party and each independent candidate to witness the proceedings of counting the ballots.
Section 2 – Tabulations of the votes will be recorded in a chart located in full view of canvassers during the process of ballot counting.
Section 3 – The chart will include the following information:
*Heading – Election year
* Date of the election (August 6, 2017)
*Official names (not nicknames or aliases) of all registered candidates
*Party affiliation written beside candidates’ name, e.g. “IND” if candidate is independent
*The COMELEC Chairperson’s name will be written at the bottom of the chart.
Section 4 – After the ballots are counted, the chart will be signed by the COMELEC Chair, who will take possession of the chart for safe keeping and archiving.
ARTICLE XVII – ELECTION RESULTS
SECTION 1 – Elections will be decided by a plurality of votes. For purposes of the FAMAS Elections, plurality means the number of votes that an election winner gets, or the number exceeding the nearest rival, when no one has more than 50% of the total votes.
Section 2 – Any candidate may appeal election results within 24 hours of the results being announced. Appeals must be filed in person with the COMELEC.
Section 3 – In case of a tie in the presidential candidates, the COMELEC will do a recount within 24 hours. For all other candidates, the COMELEC will break the tie by secret ballot. However, if there is a tie
in the presidential candidates and at the same time there is also another tie in any of the other positions, then a recount will be done for all of them.
Section 4 – Candidates will be informed of the election results by any means possible, such as email, telephone, FAMAS website, FAMAS Bulletin Board, or words of mouth.
Section 5 – Appeals will be resolved within 48 hours. After COMELEC has ruled, its decision is final.
ARTICLE XVIII – COMMUNICATION WITH COMELEC
Section 1 – All pertinent forms related to the elections must be submitted to the COMELEC at the Philippine Community Center.
Section 2 – All necessary forms and documents are available with the COMELEC AT THE Philippine Community Center.
ARTICLE XIX – PENALTIES AND COMPLAINTS
Section 1 – Contravening the election rules outlined above, and those sections of the FAMAS Constitution and By Laws relating to Qualifications of the Executive Board and the COMELEC may result in penalties or disqualification.
Section 2 – Standard Penalties:
*first strike – written formal warning
*second strike – disqualification from the election
Section 3 – Penalties shall be strictly enforced by the COMELEC, and all candidates who gain benefit from the actions that are contrary to the Election Rules, Regulations and Procedures will be held accountable and penalties will thus be applied.
Section 4 – Anyone may complain to the COMELEC on any matter pertaining to the elections. Complaints must be received in writing, together with a statement setting out the nature of the complaint to the COMELEC not later than 24 hours after the election is over.
ARTICLE XX – REFUSAL, INCAPACITY AND DISQUALIFICATION OF WINNING CANDIDATES
Section 1 – If the winning candidate refuses to serve his/her term of office, without valid reason, he/she shall be banned from running for one term of office.
Section 2 – The aforementioned candidate shall also be banned from holding any appointive office in FAMAS. However, he/she may maintain his/her membership, if he/she so desires.
Section 3 –In case of refusal to serve, death or disqualification of the winning candidate before he/she is officially declared and/or inducted into office, the candidate who garnered the second highest number of votes shall be proclaimed elected by the COMELEC.
Section 4 – If the refusal to serve, death or disqualification of the winning candidate occurs after the COMELEC has officially declared and/or inducted into office, it becomes the sole responsibility of the newly elected Executive Board to deal with.
ARTICLE XXI – SECURITY
Section 1 – The COMELEC shall deputize a person or group of persons as peacekeepers to secure and maintain a fair, peaceful and orderly manner.
Section 2 – The person or group of persons deputized as peacekeepers must wear the provided identification tags while performing their tasks.
ARTICLE XXII – OTHER BUSINESS
The COMELEC shall exercise its implied power to resolve any other matters involving the conduct of elections not expressed in this document,
E N D
C E R T I F I C A T I O N
We, the undersigned members of the FAMAS Committee on Elections (COMELEC) 2017-2019, hereby officially declare that the aforementioned Rules, Regulations and Procedures have been approved by the COMELEC at a meeting held on ____________ at the Philippine Community Center located at 4708 Van Horne Avenue, Montreal, Quebec H3W 1H7.
Signed this ___ day of ________ 2017 at the City of Montreal, Province of Quebec, Canada.
1. JULITA PARADO _______________________________
FAMAS ELECTIONS 2017 COMELEC CALENDAR
May 1, 2017
August 6, 2017 – Election Day
August 13, 2017
COMELEC MEMBERS FOR 2017-2019 FAMAS ELECTIONS
FAMAS ELECTIONS 2017 COMELEC CALENDAR
May 1, 2017
August 6, 2017 – Election Day
August 13, 2017
COMELEC MEMBERS FOR 2017-2019 FAMAS ELECTIONS