Comelec Resolution No. 8786 - Revised General Instructions for the Board of Election Inspectors for...

8/9/2019 Comelec Resolution No. 8786 - Revised General Instructions for the Board of Election Inspectors for Voting, Counting, Transmission of Results

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Republic of the PhilippinesCOMMISSION ON ELECTIONSManila

REVISED GENERAL INSTRUCTIONSFOR THE BOARD OF ELECTIONINSPECTORS (BEI) ON THEVOTING, COUNTING, ANDTRANSMISSION OF RESULTS I NCONNECTION WITH THE .I0 MAY2010, NATIONAL AND LOCALELECTIONS.

MELO, Jose A.R., ChairmanSARMIENTO, Rene V ., Commissioner -FERRER, Nicodemo T., CommissionerTAGLE, Lucenito N., CommissionerVELASCO, Armando C., CommissionerYUSOQH, Elias R., Commissioner

u";LARRAZABAL, Gregorio Y., Commissioner,$,Promulgated: mar h 4,2070

7 .B$ec l ~ l y erlifiecl by Ihe Elecl~~-)negisIration [3clar(l.

The poll clerl:, (.I-~il-rlliice1111~e1-nrl I . 1 ~11ilpnt-t sta ff, i f i?'l.)y,shall have custody ofthe Book of' Voters and one (1) r:ol~y7f the EDC\JI..

The RE1 sllall r-al-ef~llly hecl* [lie cliffe~enl-election fo rn~s , clocrrments anrlsupplies and the qlrantily arh lally rereiverl. T l ~ e ET st~all ign a Cellificate of Receipt(A14) in tli re e copies, i l l e or iginal o f whir711 shall be deliverecl l o tlie CitylMrlnicipalTreasurer, who shall transmit the same tn tl ie Er{SLl, c'hmelec, Manila, immerlialelyafler election day. (A5 revised]

SEC. 19. Forrtls Po be rej~rodl~cerlherr rreeded. - The following fill-rnsmay be reprocluced when needed:

a) l'emporary App ointment of Cliairmal poll Clel-I


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IBE1General Instructions for May 10, 2010 National and Local Elections

I f at six o'clock there are still voters w ithin thirty (30) meters in front of thepolling place who have n ot yet cast their votes, voting shall continue but only to a llowsaid voters to cast their votes without interruption. The poll clerk shall, without delay,prepare a complete list containing the names of said voters consecutively numbered.The voters listed shall be called to vote by the poll clerk by announcing each name ?three (3) times in the order in which they are listed. Any voter in the list who is notpresent when called shall not be allowed to vote at any later time . The said list shall besubmitted to the Election Officer.

SEC. 22. Place of voting, - Voters shall cast their votes in the polling placedesignated by the Commission. The poster indicating the clustered precinct number(A3) shall be prominently posted near or at the door of the polling place.

SEC. 23. Who may vote. - All registered voters whose names appear in thePosted Computerized Voters L ist (PCVL) or EDCVL, or whose registration records havenot been cancelled or deactivated, may vote in the election.

SEC. 24. Challenge against illegal voters. - Any voter or watcher maychallenge any person offering to vo te for:

a) Not being registered;b) Using the name of another; orc) Suffering from an existing disqualification.I n such case, the BE1 shall satisfy itself as to whether or not the ground for the

challenge is true by requ iring proof of registration, ide ntity or qua lification. The BE1shall identify the voter through his photograph, fingerprint, or specimen signatures inthe VRR or EDCVL. I n the absence of any of the above-mentioned proof of identity,any member of the BE1 may ide ntify under oath a voter, and such act shall be reflectedin the Minutes.

SEC. 25. Challenge based on certain illegal acts. - Any voter or wa'tchermay challenge any voter o ffering to vote on the ground that he m;iP


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BE1 General Inshuctions for M ay 10, 2010 National and Local Elections

a) Received or expects to receive; paid, offe red or prom ised to pay, contributed,offered or promised to contribute money or anything of value asconsideration for his vote or for the vote o f another; o r

b) Made or received a promise to influence the g iving or withholding of any suchvote; or

c) Made a bet or is interested directly or indirectly in a bet that depends upon-the results of the election.

I n such case, the challenged voter shall take an oath before the BE1 that he hasnot committed any of the acts alleged in the challenge. Upon taking such oath, thechallenge shall be dismissed and the voter shall be allowed to vote. I n case the voterrefuses to take such oath, the challenge shall be sustained and the voter shall not beallowed to vote.

SEC. 26. Record of chal/eitges and oaths. .- The BE1 shall record in theMinutes all challenges and oa ths taken in connection therew ith and its decision in eachcase.

SEC. 27. Rules to be observed during the voting. - During the voting, theBE1 shall see to it tha t:

a) Voters shall vote in the order o f their arrival in the polling place;b) No watcher shall enter the place reserved for the voters and the BEI, nor

mingle and talk with the voters;c) No person carrying any firearm or any other deadly weapon, except those

expressly authorized by the Commission, shall enter the polling place;d) There shall be no crowding of voters and disorderly behavior inside the

polling place; ande) The ba llot box shall rema in locked during voting.

SEC. 28. Persons allowed inside the pol/ing place. - Only the followingpersons shall be allowed inside the polling place:

a) Members of the BE1 and support staff, if any;.d14


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a 1 I 1 \ , I i s , ;IBE1 General Instructions for May 10, 2010 Nation al and Local Electionsb) Watchers who shall stay only in the space reserved for them;c) Representatives o f the Commission;d) Technical suppo rt staff assigned in the voting center duly designated by theCommission who may be summoned by the BE1 in order to address sometechnical problems;

e) Voters casting their votes;f) Voters waiting for their turn to cast their vote;g) Other persons who may be specifically author ized by the Commission.

SEC. 29. Persons not allowed to enter the polling place. - Unlessspecifically authorized by the Commission, it is unlawful for the following to enter anypolling place or stay w ithin a radius of fifty (50) meters thereof, except to vote:

a) Any officer or member of the Armed Forces of the Philippines or thePhilippine National Police; (Renumbered)

b) Any peace office r or any armed person belonging to any extra-lega l policeagency, special forces, reaction forces, str ike forces, C ivilian Armed ForceGeographical Units, baragay tanods or othe r similar forces or para-m ilitaryforces, including special forces, security guards, special policemen;(Renumbered)

c) All other kinds of armed or unarmed extra- lega l police forces; and(Renumbered)

d) Any barangay official, whether elected or appointed. (Renumbered)

However, the BE 1 may, by a majority vote, if it deems necessary, order in writingthe detail of a policeman or any peace officer for its protection or for the protection ofthe election documents and paraphernalia. Such order shall be ente red in the Minutes.Said policeman or peace officer shall stay outside the polling place near enough to beeasily calle d by th e BE1 at anytime. I n no case shall the said policeman or peace officer-4

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BE1 General Instructions for Ma y 10, 2010 National and Local Elections

hold any conversation with any voter or disturb or prevent or in any manner obstructthe free access o f the voters to the polling place.

SEC.30. Prohibition on voting. - I t shall be unlawful for a voter to:a) Bring the ballot, ballot secrecy folder or marking pen outside of the polling

tplace;b) Speak wit h anyone other than as herein provided while inside the polling

place;c) Prepare his ballot without using the ballot secrecy folder or exhibit its

contents;d) Fill his ballot accompanied by another, except in the case of an illiterate or

person with disa bility/disab led voter;e) Erase any printing from the ballot, or put any distinguishing mark on the

ballot;f) Use carbon paper, para ffin paper or other means of making a copy of the

contents of the ballot, or otherwise make use of any other scheme to identifyhis vote, including the use of digital cameras, cellula r phones wi th camera orsimilar gadgets;

g) Intentionally tear or deface the ballot; andh) Disrupt or attemp t t:o disrupt the normal operation of the PCOS.

SEC. 31. Preparation of ballots for illiterate and person withdisabilify/disabled voters.- No voter shall be allowed to vote as illiterate or personwith disability/disabled unless such fact is indicated in the EDCVL or VRR. I f so, he maybe assisted in the preparation of his ballot, by any:

a) Relative within the fourth civil degree of Consanguinity and affinity; or (Asrevised)

b) Any person of his confidence who belongs to the same household; orc) Any member of the BEI. (As revised)-.R


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: , : I : :-----.BE1General Instructions for May 10, 2010 National and Local Elections

A person with physically impa ired capacity to use the AES may also be assisted infeeding his ballot into the PCOS. The assistor shall ensure that the conten ts of theballot are no t displayed during th e feeding o f the same into the PCOS.

All assistors must be o f voting age.No person may assist an illiterate o r person with dis'ability/disabled voter more .

than three (3) times, except the mem bers of the BEI.I n all cases, th e poll clerk shall first verify from the illiterate or person with

disability/disabled voter whether the latter had authorized the assistor to help him tocast his vote.

The assistor shall, in the presence. of the illiterate or person with disability/disabled voter, prepare the ballot using a ba llot secrecy folder.

The assistor shall bind himself in writing and under oath to fill the ballot strictlyin accordance with the instructions of the voter and not to reveal the contents thereof,by affixing his signature i n the appropriate space in the Minutes.

SEC. 32. Accessibility of polling place to person with disabi/iiy/disabled voters. - All polling places of precincts where there are persons withdisabilityJdisabled voters shall be located at the ground floor o f the voting centers,unless no t feasible. For this purpose, the EOs shall coordina te w ith th e proper school orbuilding officials.

S C. 33 . Prohibition against premature announcement of voting, -During the voting, no member of the BE1 shall make any announcem ent as to whethera certain registered vote r has already voted or not, as to how many have already votedor how many so far have failed to vote or any other fact tending to show or showingthe state of the polls; nor shall he make any statement at any time, except as witnessbefore a court or body as to how many persons voted.a


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BE1 General Instructions for May 10, 2010 National and Local Elections

ARTICLE VPROCEDURES OF VOTING, COUNTING OF VOTES

AND TRANSMISSION OF PRECINCT RESULTS

SEC. 34. Prefiminaries to the voting. - The BE1 shall meet at the polling -place at six o'clock in the morning of Election Day and ensure that the PCOS box andthe ballot box are inside the polling place. (As revised)

a) Post one copy of PCVL of each precinct in the cluster, near or a t the door ofthe polling place; (As revised)

b) Show to the public and the watchers present that the : (As revised)i. PCOS box is sealed;ii. Ballot box is locked and empty;iii. Package of official ballots and the Book of Voters are both

duly sealed, and thereafter, break the seals.c) Remove the sticker seal of the PCOS box; (As revised)

d) Open the PCOS box; (As revised)e) Check whe ther th e following are inside the PCOS box: (As revised)

i. Checklist o f contents o f the box;ii. PCOS machine;iii. Power cord of the PCOS;iv. One (1)envelope con taining spare iButton;v. Three (3) rolls of official thermal paper;vi. Three (3) PINSof the BEI;vii. One (1) PIN for re-ze roing which shall remain in the PCOS box;

viii. Modem, if any*ix. Two (2) copies o f the Minutes . .* There shall be at least one (1) Modem in every polling center.

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BEI General Instructions or May 10, 2010 National and Local Elections

f ) Retrieve the M inutes from the PCOS box and: (As revised):I. Check if the serial number of the seal used in the PCOS box

is the same as the serial number recorded in the Testing andSealing of the Minutes;

ii. Enter in the Minutes the number of ballots as indicated inthe package of the ballots; and the fact that the PCOS box,package of ballots, and the Book of Voters were shown tothe public with the seals intact.

g) Retrieve the PIN of the BE1 and distribute the same among themselves. There-zero PIN shall not be used on election day; (Asrevisedj

h) Retrieve the PCOS from its box; (As revised)i) Show to the public tha t the pr inte r cover of the PCOS, slots labeled POLL

WORKER and ADMINISTRATOR where the main memory card and back-upmemory card, respective ly are stored, and sealed;(As revised)

j) Unlock the sliding cover of the ballot box slit and break its plastic securityseal; (As revised)k) Place the PCOS properly on top o f the ba llot box; (Asrevised)I) Break the plastic fixed length seal of the p rinte r cover of the PCOS; (As

re vised)

m) Open the printer cover and the Chairman shall take out the iButton securitykey; (As revised)

I n) Verify that the roll of paper is already properly installed; (As revised)o) Close the printe r cover; (As revised)4


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(As revised)

q) P lug the o ther end to the electrical outlet; (Asrevised)

r) Connect the battery to the PCOS DC power port (12 VDC). I f there is nopower, using a pen, press the RESET button located a t the top o f the PCOSAC power port; (As revised)

s) Wait unti l the PCOS displays the message "PLEASE INSERT SECURITY KEYFOR AUTHENTICATION"; (As revised)

t) The Chairman shall place the iBu tton security key on top of the iButtonsecurity key receptacle and apply slight pressure thereon until the message"SECURITY KEY VERIFIED" appears on the PCOS screen. Wait unti l the"MAIN MENU" is displayed. The iButton shall be in custody of the Chairmanuntil the closing of voting.; (As revised)

u) The certified IT-capable member of the BE1 shall perform the followingprocedures: (As revised)

i. Select "OPEN VOTING" from the Main Menu;

ii. The PCOS shall then request for the PIN of the poll clerkwho will then enter his PIN and press "ENTER";

iii. Validate the PIN and display a messag'e "PIN ACCEPTED";iv. Request for the second PIN from the the third member

who w ill then enter his PIN and press "ENTER;v. Validate the PIN and display a message "PIN ACCEPTED".4


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BE1 General Instructions for May 10, 2010 National and Local Elections

vi. Display two (2 ) options: "INlTIALIZE VOTE COUNTERSrrand "PREVIOUS SCREENrr;

v) Press the "INIT IAL IZE VOTE COUNTERSr' op tion of the PCOS. The PCOSshall: (As revised)

i. Disp lay the message "IN?JIALIZING VOTE COUNTERSrr;

ii. Automatically print the Initialization Report showing zero("Or') vote for each candidate including the geographicinformation (province, city/municipality, barangay, votingcenter and individual precinct in the cluster);

iii. After printing the Initialization Report, the PCOS will displaythe message, "WOULD YOU LIKE TO PRINT MORE COPIESOF THIS REPORT?" with "YESrt and 'NOrt options. Press"NOrr. The PCOS wi ll display the message "PLEASE INSERTBALLOTrr. Now, the PCOS is ready to accept ballots.

I w) Detach the Initialization Report, affix their signatures thereon including therepresentatives of the political parties, candidates or citizens arms present;(As revised)

x) The Chairman shall then place the Report inside the envelope (Al8-A) forsubmission to the Election 0fRcer.after the voting, for his safekeeping. (Asre vised)

1 SEC. 35 . Manner of obtaining ballots, - The vote r shall:a) Look for his name in the PCVL posted near the door o f the vo ting center and

determine his precinct number and sequence number; (Renumbered)+


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BE1General Instructions for May 10, 2010 National and Local Elections

b) Approach the BE1 member or the support staff in-charge of the precinct, givehis sequence number in the PCVL, name and address, together with the otherdata concerning his person; (Renumbered)

c) The BE1 or the support staff shall verify if the name of the voter is in theEDCVL. I f the name of the voter is in the EDCVL, his identity shall then beestablished through th e following: (Renumbered)i. His photograph in the EDCVL or specimen signatures in the

Voters Registration Record (VRR) or any authenticdocument which may establish his identity exceptbarangay certificate or community tax ce rtificate; or

ii. I n the absence of any of the above-mentioned proo f ofidentity, any member of the BE1 or any registered voter ofthe precinct/clustered precinct may identify under oath avoter, and such act shall be reflected in the M inutes.

iii. I f the BE1 or support staff is satisfied with his identity, thename of the voter shall be distinctly announced in a toneloud enough to be heard throughout the polling place.Otherwise, the voter shall be directed to leave the pollingplace after informing him the reason thereof. I f the vo teris not challenged, or having been challenged, the questionhas been decided in his favor, the voter shall be directedto the chairman of the BEI.

d) Before giving the ballot to the voter, the chairman of the BE1 shall: (Asrevised)

i. Check if any of the fingernails of 'the voter has alreadybeen stained wlth indelible ink. I f stained, it shall be aconclusive presumption that he has already cast his vote.As such, the voter shall be directed to leave the pollingplace after informing him the reason thereof. This fact,including the name and the precinct of the voter, shall berecorded by the Poll Clerk in the Minutes; (Renr~mbered)

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IBE1 General Instructions for May 10, 2010 National and '~o cal lections

shall return the ballot secrecy folder and marking pen to the chairman; (Asre vised)

c) The BE1 shall apply indelible ink at the base and extending to the cuticle ofthe rig ht forefing er nail of the voter, or any other na il if there be no forefingernail; (Renumbered)

C

d)Th e voter shall affix his thumbm ark on the correspond ing space in theEDCVL; and (Renumbered)

e) The voter shall then leave the p olling place. (Renumbered)

SEC. 37. Shortage of ballots; Proced~~re.I n case the official ballots ofa precinct have all been used up and there are still voters registered in the precinctwaiting to cast their votes, the Chairman shall: (New)

a) Do steps (c) to (d) under Section 34 hereof;.

b) Issue a Certification to the voter, stating that he is a registered voter o f theprecinct, but there are no more available ballots for use;

c) Record such facts in the M inutes; and

d) Request the Th ird Member to accompany the voter to th e ne xt precinctbelonging to the same councilor district, where he shall cast his vote.

e) The Chairman of the precinct where the voter iS directed to vote shall:i. Require the voter the Certification issued by the

Chairman of his precinct;

ii. Record in the Minutes the name of the voter, his precinctnumber and the fact that a Certification by the Chairman4


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BE1 General Instruction s for May 10, 2010 Nationa l and Local ElectionsIof the precinct that there are no more available ballotsthereat;

iii. Write the name of the voter in the EDCVL indicatingopposite his name his precinct number; and

iv. Before issuing a ballot to the voter, observe Steps (c) to(d) of Section 34 and ensure that the voter observesprocedure under Section 35 hereof.

SEC. 38. Rejected ballots; Procedure. - Ballots may be rejected by thePCOS during the scanning. There will be three (3) dif ferent types of messages whenthe PCOS rejects a ballot. For each message, the BE1 shall observe the followingprocedures: (As revised)

a) "AMBIGUOUS MARK"i. Let the voter review his ballot and ensure that the ovals

opposite the names of c andidatelparty voted for are fullyshaded.

b) "MISREAD BALLOTrr - let the voter re-feed the ballo t in 4 different orientationsof ballot.

c) "INVALID BALLOT"i. Verify if the ballot belongs to the precinct. I f the ballot

belongs to another precinct, the voter shall return theballot to the Chairman who shall proceed to Steps 4 and 5hereof;

ii. I f the ballot belongs ,to the precinct, let the voter re-feedthe ballot in 4 different orientations.

I d) I n all cases, if the PCOS rejects a ballot, the voter shall return the ba llot to theChairman who shall:4


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B E General Instructions or May 10, 2010 National and Local Elections

i. Distinc tly mark the back thereof as "REJECTED,";

ii. Require all members of the BE1 to sign at the back thereof, and placeinside the Envelope for Rejected Ballots (A15).

e) No replacement ballo t shall be issued to a voter whose ba llot is rejected by the-PCOS;

f ) Any party objecting to the rejection of the ballot shall reduce his objection inwriting, which the BE1 shall attach and note in the Minutes.

SEC. 39. Disposition of unusedballots. - After the voting, the chairman inthe presence of the BE1 shall: (Renumbered)

a) Record in the Minutes the qu antity of unused ballots; (Renumbered)b e a t h e.. unused ballots in half lengthwise; (Renumbered)c) place one ha lf in the envelope (A15), and subm it to the EO for safekeeping;

and (Renumbered)d ) Place the othe r half in another envelope (A15), and then deposit inside the

compartment of the ballot box for valid ballots. Such facts shall be entered inthe Minutes. (Renumbered)

SEC. 40. Counting of ba/lots and transmission of results; Procedure,(Renumbered) (As revised,?

a) A t the+-end of voting and before the start of counting of votes, the Chairmanshall place the iButton security key on top of the iButton security lteyreceptacle and apply s light pressure thereon. Remove the iButton security keyfrom its receptacle, a fter which the PCOS will display the Main Menu;. -.b) Press the "CL~SE!VOT N& option in the Main Menu;

'I -c) The screen will display a message "ARE YOU SURE YOU WANT TO CLOSEVOTING? NO MORE BALLOTS WILL BE ACCEPTED AFTER THIS." Select"YES" option;-4 26


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BE1 General Instructions or May 10, 2010 National and Local Elections

I d) The PCOS will request for the PIN of the po ll clerk who will then ente r his PINand press 'ENTER". The PCOS will validate the PIN and displays a message"PIN ACCEPTED". The PCOS will request for the second PIN from the th irdmem ber who w ill then enter his PIN and press "ENTER. The PCOS willvalidate the PIN and displays a message "PIN ACCEPTED"; 3

e) The screen will display a message "POLL I S BEING CLOSED PLEASE WAIT"followed by another message "VOTING HAS BEEN CLOSED NO MOREBALLOTS WILL BE ACCEPTED BY THIS PCOS";

f) Thereafter, the PCOS shall automatically count the votes and immediatelydisplay a message "WOULD YOU LIKE TO DIGrrALLY SIGN THETRANSMISSION FILES WlT H A BE1 SIGNATURE KEY?", w ith a "YES" or 'NO"option;

g) Press "NO" option . The PCOS wil l display "ARE YOU SURE YOU DO NOTWANT TO APPLY A DIGlTAL SIGNATURE?" with a "YES" and "NO" option;

h) Press "YES" option. A message sha ll be displayed "PRINTING 8 COPIES OFNATIONAL RETURNS. PLEASE WATT";

i) A message shall be displayed 'WOULD YOU LIKE TO PRINT MORE COPIESOF THIS REPORT" wi th a "YES" and "NO" options. Press "NO" option;

j) Thereafter, the PCOS will display 'PRINTING 8 COPIES OF LOCAL RFTURNS.PLEASE WAIT..."nd th e PCOS automatically prints the 8 copies;

k) A message shall be displayed "WOULD YOU LIKE TO PRINT MORE COPIES OFTHIS REPORT" w ith a "YES" and "NO" options. Press 'NO" option;

I) Detach the 8 copies of the ERs. After which, members of the BE1 shall affi xtheir signatures and thumb marks thereon;

I rn) The BE1 shall ask the watchers present to affix their signatures on the printed


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, . iBE1General Instructions for May 10, 2010 National and Local Elections

n) Place each copy of ER in its corresponding envelope and seal with a paperseal;

o) The chairman of the BE1 shall publicly announce the total number of votesreceived by each 'candidate, s tating their correspond ing offices;

p) The poll clerk shall announce the posting of a copy o f the ER bo th for na tionaland local positions on a wall within the premises of the polling place/countingcenter which must be sufficiently lighted and accessible to the public, andproceed to post such copies;

q) After forty-eight (48) hours following the posting, the chairman of the BE1shall detach the posted printed copy on the wall and keep the same in hiscustody to be produced as may be requested by any voter for image or datacapturing or for any lawful purpose as may be ordered by competentauthority;

r) The PCOS will display a message "READY TO TRANSMIT. PLEASE PLUG INTRANSMISSION CABLE TO ELECTRONICALLY TRANSMIT ELECTION REPORTSAND PRESS OK TO CONTINUE";

s) Connect the transm ission medium to the PCOS and press the 'OK" button;t) The PCOS will disp lay a message "DETECTING MODEM";u) I f the modem is properly connected, the PCOS will display the message

"MODEM DETECTED";v) I f checking of m odem fails, the PCOS will display the message "MODEM NOT

DETECTED followed by the message "TRANSMISSION CABLE NOTCONNECTED. RETRY?" with "YES" and 'NO" options. Check the connection ofthe transmission medium to the PCOS and if it is properly set up, press the"YES" buttonm4


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, 1BE 1 General Instructions for May 10, 2010 National and Local Elections

w) I f after three (3) attempts, the transmission medium still fails, call the SupportTechnician.

x) The PCOS will d isplay the following messages in succession;

i. "IDENTIFYING TARGET SERVER' "ii. "SERVER IDENTIFIED"

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