The Philippine Commission on Elections (Comelec) made a very risky and surprising move on November 29, when it banned its long-time technology provider Smartmatic from bidding on the 2025 contract for election technology in the Philippines. The move could spell the end to one of the most successful examples of election modernization in the Asia Pacific region.
Comelec’s new leadership has chosen to sever ties with Smartmatic, despite the company's longstanding role improving Filipino elections and the integrity of the outcomes, which have held up to every audit and legal challenge. Petitions by political activists calling for Smartmatic's disqualification have been dismissed by Comelec, which has cited a lack of evidence to justify such measures.In the weeks preceding the rulings, Comelec Chairman Garcia firmly stated that the committee would only consider disqualification if substantial evidence was introduced in a legal setting. On September 22, Garcia affirmed, "The presumption of innocence prevails. We will meticulously observe the progression of this matter, particularly the nature and substance of the evidence presented in court.” Additionally, in a PhilStar interview, the Chairman underscored, "The Comelec cannot disqualify on the basis of speculation, rumors, or mere allegations." Despite the absence of such evidence and the lack of a judicial proceeding, Comelec nevertheless moved forward with the disqualification of Smartmatic.
Responding to the disqualification, Smartmatic pointed out that Comelec failed to follow the standard legal process for disqualification and never gave the company a chance to prove its innocence. “This ruling is made without any legal basis and appears to be an excuse for what was clearly a pre-determined decision to exclude Smartmatic from the bid, irrespective of merit. Our reputation and goodwill have been unjustly besmirched and the right to join the bidding withheld unjustly,” reads the company’s statement.
Since its first participation in Philippine elections in the Mindanao province in 2008, Smartmatic has continuously supplied election technology and services to Comelec. The company won open bids for subsequent national and local elections from 2010 through the most recent elections in 2022. During this period, the country saw marked improvements in both efficiency and accuracy, as well as citizen safety from post-election violence.
Barring further explanation from Comelec, the committee’s decision is curious and may, indeed, backfire on it. Comelec’s choice was, supposedly, driven by its desire to maintain the integrity of its processes and elections. Yet by sidestepping its own rules and due legal process, Comelec is opening itself to those who would question its integrity and thus, the integrity of the elections in its charge. At a time when the committee is being heavily scrutinized for yielding to political and economic pressures, choosing to circumvent due process seems to be an odd choice that may irreparably harm the cause of election integrity Comelec works so hard to protect.
