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"SEC. 455. Casting of ballot.-(a) After preparing his ballot in one of the voting booths, the voter shall immediately return to the poll clerk, affix the imprint of his right thumb, in the presence of the board, in the space provided for said purpose on the coupon or detachable number of the ballot used, and hand the latter to the chairman of the board who, without exposing the contents, shall verify and remove the number thereof, and shall deposit the ballot in the ballot box in the presence and view of the voter. No ballot shall be deposited in the ballot box unless its number corresponds to that which has been delivered to the voter as recorded in the list of voters. The voter shall also affix his signature and the imprint of the thumb of his right hand, in the presence of the board, on one of the copies of the list of voters, opposite the name used by him and in the column provided for said purpose, using his complete ordinary signature. The inspector handing the ballot to said voter shall also sign by the side of the latter's name. The voter shall then depart.

"(b) The detachable number of the ballot shall be removed from the same in the presence of the board and in the view of the voter, at the moment when the ballot must be deposited in the ballot box, and not before, by the chairman of the board of inspectors, without exposing the contents of the ballot, and shall forthwith be deposited in the box for spoiled ballots where it shall be kept. Every ballot the number whereof has not been removed by said chairman in the presence of the board and in the view of the voter or which does not agree with the number registered in the list of voters opposite the name of said voter, shall be considered as spoiled and shall be marked and treated accordingly, and shall not be placed in the box for valid ballots."

"SEC. 469. Canvass of returns by provincial board.-The provincial board of canvassers shall be composed of the provincial governor, the members of the provincial board, the provincial treasurer, the provincial auditor, the provincial fiscal, and the clerk of the court of first instance.

The board shall meet as soon as practicable, within the fifteen days next following the election, and the provincial treasurer shall then produce before it the statements delivered to him. If any statements be missing, the board, by special messenger or otherwise, shall obtain such missing statements and the fiscal shall forthwith institute criminal proceedings against the person or persons criminally responsible for such delay. The watchers of the candidates may be present at, and take note of, the proceedings of the provincial board of canvassers and of the committees and subcommittees appointed by said board.

"(b) The board shall examine the statements filed with it, and if it clearly appears that material matters of form are omitted, such statements shall be returned for correction to the board of inspectors by special messenger or in such other manner as may be most expeditious. Such statements may not, however, be returned for a recount.

"(c) In case it appears to the provincial board of canvassers that another authentic copy, or other authentic copies, of the statement of an election precinct submitted to it give a different number of votes and such difference affects the result of the election, the court of first instance of the province, on motion of the board or of any interested candidate, may proceed to make a recount of the votes in that election precinct for the office in question, for the sole purpose of determining which is the correct statement or which is the actual result of the recount of the votes cast in said precinct for said office. Notice of such action shall be given to the interested parties.

"(d) As soon as all statements are before it, the provincial board of canvassers shall proceed to a canvass of all the votes cast in the province for President and VicePresident of the Commonwealth, then of those for Members of the National Assembly, and, finally, of those for provincial officers, and upon completion thereof shall make one statement of all the votes cast for each candidate for the offices of President and Vice-President, one statement of all the votes cast for the office of Member of the National

Assembly for each legislative district, and one statement of · all the votes cast for provincial officers. Upon the completion of such statements the board shall determine therefrom what person has been elected to the National Assembly for each legislative district, and what person has been elected to each provincial office. As regards the election for President and Vice-President of the Commonwealth, the board shall merely state the number of votes cast for each candidate for the office and shall forthwith send the proper statement to the National Assembly."

"SEC. 470. Certificate of result.-All determinations of the result of the election shall be reduced to writing, in duplicate, and signed by the members of the provincial board of canvassers or a majority of them and sealed with the provincial seal. One copy thereof shall be filed by the provincial treasurer in his office and one shall forthwith be sent to the Secretary of the Interior. A certified copy of the proclamation of his election shall also forthwith be delivered to each candidate."

"SEC. 475. Elections resulting in tie.-Whenever it shall appear in the canvass of a regular or special election for Member of the National Assembly or for provincial or city officers, that two or more candidates have received the same largest number of votes, the provincial board of canvassers concerned shall proclaim as elected that one of the tied candidates who shall be the winner in the drawing hereinafter provided for, and the candidate so proclaimed shall be entitled to be seated as if he had been elected by a majority of votes.

"As soon as the canvass shall show a tie, the provincial board of canvassers, after making it so appear in the proper statement, shall, upon ten days notice to all tied candidates enabling them to be present if they should so desire, hold another public meeting at which the drawing shall be held, and statement shall forthwith be prepared of the procedure followed at said drawing and of the result thereof and the proclamation of the candidate elect. Certified copies of said statement shall be sent to the National Assembly, the Pres

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ident of the Philippines, the Auditor General, and each of the tied candidates."

"SEC. 476. Incompetency to act, and replacement, of provincial canvassers.-(a) Any member of a provincial board of canvassers who is a candidate shall be incompetent to act as member of said board at such election.

"(b) In case of the absence or incapacity for any cause of any member of the provincial board of canvassers, the Secretary of the Interior may designate the superintendent of schools, the district engineer, the district health officer, the register of deeds, or the justice of the peace of the provincial capital to act in his stead."

"SEC. 2071. Qualifications of provincial officer.-No person shall be eligible to a provincial office unless at the time of the election he is a qualified voter of the province, has been a bona fide resident therein for at least one year prior to the election, and is not less than thirty years of age."

"SEC. 2074. Term of elective provincial officer.-The term of a provincial or city officer elected at the regular election of the year nineteen hundred and thirty-seven shall be three years and shall begin on the first of January next following such election. If a successor be not inducted at the time appointed by law, the incumbent shall hold over until a successor shall be duly qualified."

"SEC. 2177. Term of elective municipal officer.-The term of a municipal officer elected at the regular election of the year nineteen hundred and thirty-seven shall be three years and shall begin on the first of January next following such election. If a successor be not inducted at the time appointed by law, the incumbent shall hold over until a successor shall be duly qualified."

"SEC. 2440. Qualifications, election, suspension and removal of members of Board.-(a) The members of the Municipal Board shall be elected at large from the entire city.

"(b) The ten candidates receiving the greatest number of votes shall be declared elected. Each member of the Municipal Board shall be a resident of the city for at least

one year, shall be a qualified elector of the city and be not less than twenty-three years of age.

"(c) Members of the Board may be suspended or removed from office under the same circumstances, in the same manner, and with the same effect, as elective provincial officers, and the provisions of law governing the suspension or removal of elective provincial officers and the confirmation of their election are made effective for the suspension or removal of said members of the Board and for the confirmation of their election.

"(d) In so far as they are applicable, all the provisions of the Election Law are made effective as to the members of the Board and to their election to the same extent as if the City of Manila were a province and the election of said members were the election for members of the provincial board.

"(e) If any person elected is ineligible to hold office, or if for any reason there should be a failure to elect one or more members, no special election shall be called; but the vacancy shall be filled for the term by the President of the Philippines with the consent of the Commission on Appointments of the National Assembly. Vacancies in the office of member occurring after taking office shall be filled for the unexpired term in like manner."

"SEC. 2605. The provincial board, members of.-The provincial board shall be composed of the provincial governor and two members who shall be elected by the mayors, vice-mayors, and municipal and municipal district councilors of the province on the date appointed by the Election Law for the holding of regular elections, unless the existing law provides for their election by a direct vote of the people. Said members shall be inducted into office at the same time as the elective provincial officers and shall hold office for the same period as the latter. The provincial governor shall be the presiding officer of the board. In case of the absence, illness, suspension or other temporary incapacity of the provincial governor, or if for any other reason he is unable to perform his official duties, the President of the

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