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National Elections Commission. In order that the single ground stated in the
bill of exceptions is placed and captured in its full context, we quote herewith
verbatim the said bill of exceptions, as follows:
“APPELLANTS' BILL OF EXCEPTIONS
And now comes the appellants in accordance with Section 6.3 and 6.4 of the
Election Law, and most respectfully submit appellants' bill of exceptions for
filing by the Clerk of the Honorable Supreme Court of the Republic of
Liberia, a requirement of the process to appeal to the Honorable Supreme
Court from the decision of the National Elections Commission, and for the
consideration of Your Honors, as follows to wit:
1. On Thursday, July 6, 2017, Co-appellant Karnwea submitted his
documents to the appellee to have him registered as the vice-presidential
candidate of the Co-appellant Liberty Party for the ensuing October 10, 2017
presidential and general elections. Among the forms submitted by Coappellant Karnwea was "Aspirant Questionnaire to Establish Residency,
Domicile, and Compliance with Code of Conduct for Public Officials," which
requested him to state whether he had resigned from any public position
that he held within the last three years. Co-appellant Karnwea responded
that he resigned from the position of Managing Director of the Forestry
Development Authority on March 9, 2017.
2. On Friday, July 7, 2017, Co-appellant Karnwea received a call from the
appellee, informing him that the appellee had written a letter to him, of
which he was instructed to take delivery. In fact, it was a "Notice of
Rejection of Nomination Application" form (the "Notice"). Of the fourteen
reasons, listed on the Notice, for which a vice-presidential candidate could
be rejected, the appellee marked the box next to, "candidate is barred from
contesting by the Code of Conduct for Public Offici1Is."
3. Because the only questions on the "Aspirant Questionnaire To Establish
Residency, Domicile, and Compliance with Code of Conduct for Public
Officials" that relate to the Code have to do with the timing of Co-appellant
Karnwea resigning from his presidential appointment, it is presumed that
the appellee determination that the "Candidate is barred from contesting
by the Code of Conduct for Public Officials" has to do with Co-appellant
Karnwea resigning from his presidential appointment on March 9, 2017.
4. The appellee erroneously construed Section 5.2 of the Code, as
prohibiting Co-appellant Karnwea from running for the position of Vice
President of the Republic of Liberia an elective public office. Part V, Section
5.2 of the Code states that,
"Wherein, any person in the category stated in Section 5.1 herein above,
desires (Emphasis supplied) to canvass or contest for an elective public
position, the following shall apply: a) Any Minister, Deputy Minister,
Director-General, Managing Director and Superintendent appointed by the
President pursuant to article 56(a) of the Constitution and a managing
director appointed by a board of directors, who desires to contest for public
elective office shall resign said post at least two (2) years prior to the date of
such public elections." And for which reason, appellants tender this bill of
exceptions for filing and Your Honors consideration.
5. The erroneous decision of the appellee is evident by the fact that Coappellant Karnwea did not desire, and could not have desired, two years
ago to be the running mate of Charles W. Brumskine, the Presidential
Candidate of the Co-appellant Liberty Party, and therefore, could not have
resigned, nor could have been expected to resign. The case of Co-appellant
Karnwea serving as the running mate of Cllr. Brumskine is without the
intent and spirit of the Code. No one desires to be the running mate of
another; it is the Standard Bearer that selects his/her running mate. Coappellant Karnwea could not have desired to have been the running mate of
Cllr. Brumskine even before Cllr. Brumskine announced his candidacy; and