GORDON TO COMELEC: NO EXCUSE FOR NOT AUTOMATING 2007 POLLS

Senator Richard J. Gordon, author of the Automated Election Law (AEL) today stated that the COMELEC has enough time to implement the law in the 2007 elections despite the ruling of the Advisory Council to the contrary. The Automated Elections Law (Republic Act 8437) has been passed way back in 1993, what the President just signed into law are amendments to the already existing law, Senator Gordon explained.

Senator Gordon noted that, According to the law, the principal function of the Advisory Council is to recommend the most appropriate, secure, applicable and cost-effective technology to be applied in the Automated Election System (AES), in whole or in part, at that specific point in time. It has no business saying whether automation can be done this May or not.

Senator Gordon explains, The law provides that nothing in the role of the Advisory Council or any outside intervention or influence shall be construed as an abdication or diminution of the COMELECs authority and responsibility for the effective development, management and implementation of the AES. The job of the advisory council is to advise the COMELEC on the technological aspect of the AES. It should not decide for the COMELEC, nor be preempted by the COMELECs refusal to implement the new AES law.

Senator Gordon announced that he will be calling a Senate hearing next week to look into the COMELECs questionable decision to implement internet voting despite the lack of law supporting it. The actions of COMELEC are suspicious to say the least, especially when they refuse to implement partial automation in the May 2007 polls despite an existing law mandating them to do so, Senator Gordon said.

The Supreme Court nullified the actions of COMELEC which are not only in clear violation of law and jurisprudence, but also in reckless disregard of its own bidding rules and procedure in the anomalous Mega Pacific bidding in 2004. The Senate, through its Committee on Accountability of Public Officers and Investigations (Blue Ribbon), also found the COMELECs manner of implementing the law as flagrantly fraudulent.

Obviously, the COMELEC is not living up to its sacred task. Now, the COMELEC is repeating its stubbornness and arrogance by going against the law. It refuses to implement the new AES law, while insisting on the conduct of internet voting which not only does not have a legal basis but also violates the law for lack of essential safeguard or security features, such as a provision for voter verified paper audit trail, said Senator Gordon.