Statutory Construction on Election Laws

Statutory Construction on Election Laws

Election laws

·    Reasonably and liberally construed to achieve their purpose – to effectuate and safeguard the will of the electorate in the choice of their representatives

·    Application involves public interest and imposes upon the courts the imperative duty to ascertain by all means within their command who is the real candidate elected by the people

Three parts of election laws:

1.    The provisions for the conduct of elections which election officials are required to follow

·    Generally, not mandatory but directory merely, and irregularities in conducting an election and counting the votes, not proceeding from any wrongful intent and which deprives no legal voter of his vote will not vitiate an election or justify the rejection of the entire votes of a precinct.

2.    The provisions which candidates for office are required to perform

·    Generally, mandatory. Provisions prescribing the qualifications of candidates, requiring the filing of certificates of candidacy, defining election offenses, and limiting the period within which to file election contests, are mandatory and failure to comply with such provisions are fatal.

3.   The procedural rules which are designed to ascertain, in case of dispute, the actual winner in the elections

·    Given liberal construction. Technicalities should not be sanctioned when it will be an obstacle in the determination of the true will of the electorate in the choice of public officials.

·    However, where a rigid and strict application and enforcement of provisions of the election law will safeguard popular will and prevent transgression of suffrage and the mandate of the majority, the provisions will be given strict construction.

Based on the book, Statutory Construction by Ruben E. Agpalo