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available at Appellee's headquarters for the sole use by electoral
stakeholders upon request. In his Final Ruling, the CDHO did not pass
on this material issue and the effect of this violation of the Elections
Lawand Appellee's own Voter Registration Regulation by Appellee on
the October 10, 2017 elections. To which Appellants/Intervenors then
and there excepted, argued the issue before the NEC Board; but the
NEC Board did not pass on the issue. But the NEC Board did not pass
on the issue and the impact this evidence or fact had on the fairness,
freeness and transparency of the October 10, 2017 elections. And for
which reasons, Appellants/Intervenors except.
10. That Appellants/Intervenors say that Section 3.19 of the Elections
Law and Appellee's own regulation (Voter Registration Regulations of
August 12, 2016, Art. 22.5) provide that the FRR shall not be altered
within the thirty days immediately before an election (including
Election Day — October 10, 2017). This means that Appellee should
have published the FRR long before that thirty-day period
commenced; but Appellee hand-delivered the FRR on a flash drive (not
published for inspection by the public) to seven (7) political parties
barely three (3) weeks before the October 10, 2017 elections. In his
Final Ruling, the CDHO did not cover the effect of this undue delay in
publishing the FRR and the manner in which the FRR was delivered to
political parties on flash drives as substitute for publication for
inspection by the public. And so Appellants/ Intervenors excepted and
argued this issue before the NEC Board; but the NEC Board did not
pass on this issue and the effect it had on the fairness, freeness and
transparency of the October 10, 2017 elections. And for this reason,
Appellants/Intervenors except.
11. That Appellants/Intervenors adduced evidence, and pursuant to
Davis v. Davis, 19 LLR 150, was conceded by Appellee because it was
never rebutted or denied, that Appellee's own Voter Registration
Regulations of August 12, 2016 (Art. 22.1 &22.2) provide that Appellee
shall certify the FRR and print one copy for each polling place.
Appellants/Intervenors also adduced evidence before the CDHO,
unrebutted and not-discredited, that Appellee failed to comply with
this requirement of its own regulations and yet in his Final Ruling the
CDHO did not pass on this material issue and the effect of this noncompliance on the October 10, 2017 elections. To which
Appellants/Intervenors excepted and argued this issue before the NEC
Board; but the NEC Board erroneously ruled that it was not required
that the FRR be published at each polling place. And to which ruling of
the NEC Board, Appellants/Intervenors except.
12. That Appellants/Intervenors say that the Elections Law, Section
3.11(2)(a) requires that at least two (2) days before Election Day
(October 10, 2017) the portion of the FRR for each registration center
should have been available at each registration center for inspection
and comparison with Appellee's master FRR. Appellants/Intervenors
produced evidence, which was not rebutted and therefore admitted
pursuant to Davis v. Davis, 19 LLR 150, which proved that Appellee did
not comply with this requirement of law. In his Final Ruling, the CDHO