Practice question
A storm prevents voting in one precinct. All relevant facts establish that its entire possible vote cannot change the result of the office being challenged, and no other affected precinct or result is involved. A candidate claims that nonvoting alone conclusively requires a Section 6 special election for that contest. Which answer is correct?
- The asserted conclusion omits the statutory requirement that the failure affect the election result
- Every uncast vote automatically voids all results nationwide
- The result-affecting condition is legally irrelevant
- The candidate's disappointment replaces the missing condition
- The storm permits the candidate to appoint the winner
Legal references
- Batas Pambansa Blg. 881, Omnibus Election Code, Section 6, failure of election and continuation: https://lawphil.net/statutes/bataspam/bp1985/bp_881_1985.html
- Republic Act No. 7166, Section 4, COMELEC en banc action on failure and special elections: https://lawphil.net/statutes/repacts/ra1991/ra_7166_1991.html
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