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pervasive and fraught that the October 10, 2017 elections was marred
by gross irregularities and massive frauds would have been evidently
established and CDHO's denial of the subpoena, affirmed by the NEC
Board, was merely intended to ensure that this proof, in the
possession of Appellee, would not be brought to light. And so
Appellants/Intervenors except.
30. Appellants/Intervenors introduced evidence that the ballots for
the October 10, 2017 elections did not carry serial numbers; however,
serial numbers were placed on the stubs of the ballots. When asked
on the cross examination the purpose for restricting the serial
numbers to the ballot stubs, Appellee's Executive Director falsely
testified that to do that would have exposed to the presiding officer
how each person voted. This testimony was debunked by two
witnesses for Appellants, who formerly served on the National
Elections Commission; but this evidence which conclusively
contradicted Appellee's Executive Officer, was never passed upon by
the CDHO in his Final Ruling. And so Appellants excepted and argued
the issue before the NEC Board.
31. Appellants/Intervenors say that on additional cross examination of
Appellee's Executive Director on whether the serial numbers were
intended for security purposes - to check on which ballots and how
many ballots were used at a polling place for voting after voting had
been completed - he testified that the serial number was for only
administrative purposes. But when crossed as to what was the
meaning of "administrative purposes", the question was objected to
and the CDHO sustained the objection. And to that ruling, Appellants
excepted and argued the issue before the NEC Board.
32. Also as to the absence of serial numbers on the ballots, Appellee's
Executive Director falsely testified that serial numbers had never been
placed on ballots for any election in Liberia and that was the
international best practice. On the day of argument (Monday, Nov. 20,
2017), Appellants/Intervenors submitted to the CDHO a ballot from
the 1997 elections (newly discovered evidence), which had the serial
number on it and the CDHO was asked, that the hearing being
administrative in nature (fact-finding) and not judicial, to take
administrative notice that, contrary to Appellee's Executive Director
that serial numbers had never been placed on ballots for voting in
Liberia, ballots for the 1997 elections had serial numbers on them. The
CDHO ignored this request and refused to take administrative notice
of the evidence which conclusively contradicted Appellee's Executive
Director and the CDHO never passed on this evidence and its effect on
the October 10, 2017 elections. The refusal of the CDHO to take
administrative notice of the historical fact that ballots for the 1997
elections had serial numbers on the ballot stubs which correspond to
serial number on the ballots themselves and to acknowledge and
accept into evidence one of such ballots from the 1997 elections
during the oral argument was an error, as Appellee's own regulation
(Elections Hearing Procedures of May 6, 2016, Art. 7.3) provide that
legal technicalities obtaining in courts of law shall not strictly apply to