86
The appellee’s contention is that since the complaint was filed and pursued
by not just the presidential and vice presidential candidates of the Liberty Party but
also by all candidates of the Liberty Party seeking election to the House of
Representatives, amounts should also have been included in the recognizance to
cover all of the persons purporting to be complainants and who sought election to
the House of Representatives. The records certified to us by the NEC does verify
that the complaint filed against the elections results and the manner in which the
elections were conducted does state that all candidates seeking election to the
House of Representatives on the ticket were part of the complainants and that they
were represented by a single set of lawyers. The records also show that following
the final ruling of the Board of Commissioners of the NEC, all of the first
complainants, including the candidates who sought election to the House of
Representatives on the ticket of the Liberty Party, through their counsels, did note
exceptions to the ruling and announced an appeal to the Supreme Court. Or put
another way, the records do not indicate that the notation of exceptions to the final
ruling of the Board of Commissioners of the NEC and the announcement of the
appeal therefrom were limited to only Charles Walker Brumskine and Harrison S.
Karnwea, and that hence the candidates who sought election to the House of
Representative on the ticket of the Liberty Party were excluded from the appeal.
Hence, it follows that if they had pursued their appeal, they would have been
required and obligated, firstly, to file with the NEC as a condition to perfection of
the appeal a bill of exceptions or at least a bill of exceptions that included their
names, duly approved by the members of the Board of Commissioners of the NEC,
and secondly to enter into recognizance with the NEC. See The New Elections Law,
Rev. Code 11:6.7, 6.8.
However, the records do not indicate that any of those steps were taken by
the candidates who sought election to the House of Representative on the ticket
of the Liberty Party. The bill of exceptions presented to the NEC on November 27,
2017 and approved by the members of the Board of Commissioners of the NEC and
filed with the Supreme Court does not carry the names or any indications that the
persons who sought election to the House of Representatives on the ticket of the
Liberty Party were part of that appealing document. The logical and legal
conclusion is that although their counsel had excepted to the ruling of the Board of