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about the manner in which the elections were conducted or who challenges
the results thereof shall have the right to file a complaint with the Elections
Commission. Such complaint must be filed not later than seven days after the
announcement of the results of the elections; and pursuant to Section 6.1 of
the Elections Law of Liberia which states that: "Any political party or candidate
who has justifiable reasons to believe. that the elections were not impartially
conducted and not in keeping with the Elections Law, which resulted in his
defeat or the defeat of a candidate shall have the right to file a complaint with
the Commission; such complaint must be filed not later than seven (7) days
after the announcement of the results of the elections"—and showeth the
following, to wit:
1. Violation of the Constitution of Liberia, Elections Law and regulations/
Disenfranchisement. Complainants say that Articles 77(b) and 80(c) of the
Constitution provide, inter alia, that every Liberian Citizen, not less than 18
years of age shall have the right to be registered in a constituency, and vote in
public elections in such constituency within which he or she is registered, and
to do so by secret ballot. Complainants, say that this is consistent with and in
furtherance of Article 1 of the Constitution which states that: "All power is
inherent in the people. All free governments are instituted by their authority
and for their benefit and they have the right to alter and reform the same
when their safety and happiness so require. In order to ensure democratic
government which responds to the wishes of the governed, the people shall
have the right at such period, and in such manner as provided under this
Constitution, to cause their public servants to leave office and to fill vacancies
by regular elections and appointments. Complainants submit that under the
mandate of the constitutional provisions referenced herein, as well as Article
34(i) of the Constitution, the Elections Law, enacted by the Legislature under
authority of the Constitution, imposes upon the NEC the duty and the
obligation not only to conduct public elections, but importantly to ensure that
the electoral process is fair, is transparent, and is not tainted with any
semblance of malpractice or fraud, that the actual valid votes cast by the
electorate are counted and that the results thereof reflect the aspirations and
will of the electorate. Complainants say that not only were these laws violated
by the NEC, but that the violations substantially and effectively deprived
voters of their constitutional right to vote, and that not all voters were
afforded the equal opportunity and equal protection guaranteed under the
Constitution and law. Complainants particularly reference the following:
Late Opening of Polls
(a) That notwithstanding, pursuant to Articles 77(b) and 80(c) of the
Constitution, Section 4.8(2) of the enabling Elections Law, Article 6 of the
Regulation on Polling and Counting provide that voting shall commence at
8:00 a.m. and close at 6 p.m., provided that the last person in queue at 6:00
p.m. shall be permitted to vote, the NEC failed to adhere to the said Regulation
and in many instances the polls were opened late, and in some cases, as late
as 3:00 p.m., clearly to the detriment of the registered voters, many of them
members of Liberty Party, who had shown up to exercise their constitutional
right and political franchise. The consequence of the late opening of polls by
the National Election Commission was that most voters, especially the elderly,
disabled, and infirm, after having stood in line for hours, were effectively
deprived of their constitutional right to vote, as they were constrained to leave