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the polling places, believing not only that such polling places would not be
opened, or that the location of the polling places had been changed, as was
done in other cases, but also that such act by the NEC, may have created or
could have created health problems for them. The Commissioners are
requested to take judicial notice of the fact of the late opening of the polls in
certain areas of the country, which was common knowledge and which the
Commission itself acknowledged. Copies of the EU Observation Report and
Carter Center Preliminary Statement on Liberia Election are hereto attached
together, as Complainants' Exhibit "A." See EU Observation Report that,
"Undue aggravations in finding their polling place ultimately resulted in
frustration and tension." See also Carter Center Statement that "However,
observers across most counties reported difficulty in locating voters on the
Final Registration Roll in some polling places."
"In what appeared to be a related problem, observers reported that
ineffective queue management, mainly in large precincts, affected the orderly
flow of the polling, creating confusion among voters and long lines throughout
the day." Carter Center Issues Preliminary Statement on Liberia Election,
October 12, 2017.
(b) The opening of the polls at various times, some at 8:00 a.m., others at 1:30
p.m., and yet others at 2:30 p.m. at various locations in the country, deprived
voters who were registered to vote in such locations of equal protection under
the law. For example, the polls opened at 1:30 p.m. at the Joel High School,
Tusa Field, District 13, Precinct #30237, Montserrado County; and in
Saygbeken, Electoral District 2, Sinoe County, opened after 2:30 p.m. on
Election Day. Complainants submit that in those polling places where there
were delays in the opening of the voting stations, the time should have been
extended by the same number of hours as had been lost because of the
lateness of the opening of the polling stations. By the same token, the stations
should have been fully equipped to ensure that the ballots were not exposed
to mistakes being made because of the darkness or to rigging of the votes by
those who were counting the votes. But because these steps were not taken,
not only were many voters deprived of the equal protection of the law and the
right to vote, but the process was exposed to high prospects of vote
manipulation. Notice is given that affidavits in support of these assertions, and
others, shall be provided during the hearing.
(c) Late opening of some polls, without ensuring that late opening polls
remained opened for at least 10 hours, as required by law, with sufficient
lighting and adequate security, deprived voters who were registered at such
polling places of equal protection under the law, in addition to depriving them
of the right to vote and exposing the polling places to the danger of vote fixing.
Change of Polling Stations.
(a) Pursuant to Articles 77(b) and 80(c) of the Constitution, Section 4.2(1) of
the enabling Elections Law, as amended, and Article 4.3 of the enabling
Regulation on Polling and Counting provides that a location of a polling place
may be changed by the NEC, if it determines that same is necessary, but the
NEC is required to notify the voters and post signs showing the new location
at least a week before polling, emergency excepted. Complainants aver that
on the day of election, with no emergency, voters discovered that some
polling places were not at the locations that had been previously published by
the NEC, thus depriving them of their constitutional right to vote. One of such