(Editor's note: The lameduck Congress is given the power to proclaim the president-elect and vice-president-elect as noted by the author.)

Last week, the voting machines' efficiency was randomly tested in a few places. Comelec had commended is "smooth" first test in a precinct. It was clearly not flawless to doubters shown by delays in transmission.

With trembling hands

The use of voting machines by old and less-educated voters - with trembling hands and lack of knowledge of its operation - and the very act of reading scores of names on the long ballot may lead to the long count preceded by impatient murmurs as voters stand, in a long line, to cast their votes.

Why?

Because the lameduck Senate and House (whose terms expire on June 30) in joint session determines the "authenticity and due execution" of all election returns for President and Vice-President, Congress shall canvass the votes. It's outgoing President of the Senate who shall open all the certificates in the presence of the outgoing Senate and House and count the votes.

New Congress counts the votes

In the US the Certified and Sealed lists of electors in each state are sent to the president of the US Senate (the Vice President) who then opens them before a joint session in early January and the electoral votes of the states – 538 – are then officially counted.

Illustration: CNN showed how Obama and Biden were proclaimed in early January 2009 as president-elect and vice-president-elect. The presiding officer of the new Congress (beginning Jan. 3) was Vice-President Dick Cheney who was to leave office January 20.

Cheney was given two envelopes which he opened and read aloud: “Obama” and after a few seconds “Biden.”

Winner-take-all doctrine

In the US the 50 states voting for president and vice-president are represented by 538 electoral votes with a majority of 270 needed to elect a president and vice-president. The two officials are the only two elective officials not chosen by direct vote.

The electoral votes represent the number of US representatives and senators in each state such as: 55 for California equivalent to 53 representatives and two senators 2) 34 for Texas 3) 31 for New York 4) 21 for Illinois, etc. They met in their respective state capitals in mid-December 2008 and voted for Obama and Biden. The balloting in November elected only the party electors, not the candidates.

18.85 M votes for nothing

Billionaire H. Ross Perot of Texas had opposed President Bush and Governor Clinton in November 1992 and obtained 18.85 million popular votes without winning a majority or plurality in any of the 50 states. He was given 0 in the electoral votes, with Clinton winning 370 electoral votes and 168 for Bush.

Winners known within five hours after the polls

Election results in November 2008 were lopsided for Obama and Biden who obtained 365 against McCain’s 173 electoral votes. Within five hours after the closing of polls 131.2 M voters learned of the Democratic landslide in both popular and electoral votes. Counting the 270 winning votes is clearly easy.

Counting by old Congress

In RP 75 to 80 percent of 50 million plus votes need to be accounted for on May 10. It’s left to the lameduck Congress and the outgoing Senate President to proclaim a president-elect and vice-president-elect after determining that some 37.5 million to 40 million votes were counted and cast honestly.

Uncertainty

To this very hour it is not certain if all voting machines nationwide would return an efficient count of 99 percent as guaranteed by all Comelec officials and the supplier of the machines costing billions, with old machines worth billions rotting under the old supplier’s contract.

‘Noted’ by 1986 Batasan

The 1986 Batasan counted the “snap election” ballots by announcing and writing “noted” on all or any protest from the opposition. This time Congress may reject contaminated votes using the phrase “upon determination of the authenticity and due execution of the returns.”

The big ‘IF’

What happens if the outgoing Congress could not “honestly” proclaim a president-elect and vice-president-elect on or before June 30. The old/lameduck Congress “would know” what to do.

In the US this is decided by the new 435 members of the House elected in November 2008 and the remaining two-thirds of the Senate (67 senators) with unexpired terms as of Jan. 3, 2009 of two to six years more. (Comments are welcome at roming@pefianco.com).