9/16/2020 NATIONAL ELECTIONS COMMISSION V AMOS SIEH SIEBO-MOTION TO DISMISS-FINAL JUDGMENT – Legislature by Article 34 of the Constitution, the Legislature, in 2006 enacted the New Elections Law. Chapter 4 of the Elections Law, which focuses on the “Conduct of Elections” and which at subsection 4.5 deals with “Nomination of Candidates” is, unfortunately, similarly silent on the procedures to be pursued in cases where an aspirant’s application for nomination is rejected by the National Elections Commission. In the absence of the precise procedures in the men-tioned statute dealing with appeals from denials of nominations of candidates, the movant/appellee, in its motion to dismiss the appeal announced by the respondent/appellant to the Supreme Court, has relied on section 5.12(6) of the Elections Law. We cannot accept Section 5.12(6) which the movant seeks to use as authority for asserting that the appellant had violated the appeal time frame requirement within which to file his bill of exceptions as the Chapter under which the provision falls, being Chapter 5 of the Elections Law, does not deal with candidates or aspirants registration or the registration process, but rather deals exclusively with voting. Accordingly, we hold that the procedures for the filing of complaints articulated in Chapter 5, and especially at subsection 5.9 through 5.12(6), apply squarely to the time of ‘voting’ and not ‘nomination of candidates’. Hence, the section relied upon by the movant/appellee is not applicable to the instant case which involves candidates’ nomination or the nomination process, but rather that the section applies instead to challenges emanating from complaints on irregularities noticed during voting or connected to the voting process. We take note, and impress on counsel for movant to do the same, that each chapter of the Elections Law deals with separate and distinct topics or aspects of the elections and that unlike Chapter 4 which deals with the general conduct of elections ranging from the setting up of voting precincts (4.1), polling places (4.2), Elections Writs (4.3), duty of the magistrate (4.4) through Nomination of Candidates (4.5) to the close of the polls (4.12), chapter 5 only deals exclusively with ‘voting’ and no more. Moreover, Chapter 5 is clear that as a result of a hearing of a complaint under that Chapter, filed pursuant to section 5.9, the Commission may only do one or more of the following: Dismiss the complaint judiciary.gov.lr/national-elections-commission-v-amos-sieh-siebo-motion-to-dismiss-final-judgment/ 26/36