Practice question
Voting is completed, but subsequent violence during transmission and custody of returns produces a proved failure to elect that materially affects the outcome. An opponent argues that Section 6 can never apply once ballots have been cast. Which assessment is correct?
- Casting any ballot categorically bars Section 6
- Only pre-voting causes can ever matter
- Later custody of returns is never mentioned by law
- The argument ignores the specified post-voting stages and RA 7166's recognition that causes may occur before or after voting
- The opponent automatically wins because transmission failed
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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