9
examples is the location of a polling place in Precinct Center #6171, District#
7, Fuama, Bong County, which was changed, without the required notice, from
Korniekawoejaito Camp America, about six-hour walk, resulting in many not
voting, thus depriving such voters of the constitutional right to vote.
Complainants request the NEC to take judicial notice of the number of voters
at that particular precinct to determine how many persons of that precinct
were deprived of the right to vote as well as many others who, not entitled to
vote, may have been allowed to vote since at such center the requisite
observers could not be present. Notice is given that affidavits in support of
these assertions, and others, shall be provided during the hearing.
3. Names of voters not listed on the FRR.
(a) The NEC is both constitutionally and statutorily obliged to maintain an
accurate Voters Registration List at each polling place of those registered at
such voter registration center to expedite the voting process, ensuring that
votes counted from every polling place are votes of only legitimate voters, and
that the results thereof reflect the aspirations of only those who were
registered and who voted at the polling place. Complainants hereby give
notice that during the hearing [they] will produce copies of affidavits and
Voter Registration Cards of individuals who were not allowed to vote because
their names were not on the Final Registration Roll (FRR).
(b) The process, as outlined in (a) above, was not implemented by the NEC,
giving rise to two problems. (i) Many voters arrived at the polling places where
they had registered only to be told that they were not eligible to vote because
their names were not on the FRR, thus depriving such voters of their
constitutional right to vote. For example, Stanley Carter, Liberty Party
Representative for District #1, Sinoe County, was told by the Presiding Officer
that he could not vote because his name was not on the FRR. It was only after
he requested the Presiding Officer to look of the ballot paper, carrying his
name and photo, was he allowed to vote. Many voters who were similarly
situated and who were disenfranchised because their names were not on the
FRR, will never be known under the circumstances. Copy of a sworn statement
of Stanley Carter is hereto attached as Exhibit `B." Complainants also give
notice that during trial, affidavits of some of these voters shall be produced in
support of this averment.
(c) Then during the afternoon of Elections Day, after most voters had already
been turned away, the NEC announced that all persons carrying "valid
Registration Cards" should be allowed to vote. The Commissioners are
requested to take judicial notice of the announcements made by the NEC over
ELBS and other radio stations. However, Section 3.2 of the enabling Regulation
on Polling and Counting provides that "If a person has a valid Registration Card
marked for a precinct, but whose name cannot be found on the voter
registration roll for the precinct, subject to paragraph 3, the presiding officer
shall permit the person to vote, if the person's registration card is verified
through the SMS verification system managed by the NEC."
(d) The Carter Center reported that "Observers reported that the SMS system
for verifying voter registration data was not being widely used when voters
were not found on the list. Further, although the NEC established a hotline for
presiding officers to check voter data, this fact was not sufficiently
disseminated and observers did not see it being used."