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2. An issue of actual fraud is wholly unstained by evidence of mere
irregularities unaccompanied by fraudulent intent, or by proof of fraudulent
intent without action to carry such intent into force. 26 Am Jur 2d, Elections
Section 342;
3. Fraud includes the intentional employment of trick, deception of artifice
designed to cheat or mislead another. Kontar v. Mouwaffak, 17 LLR 446;
Monrovia Construction Company v. Wazami, 23 LLR 58;
4. It is not sufficient to merely allege fraud as a basis for relieve, it must be
established by proof. Massaquoi v. Massaquoi, 35LLR 508;
5. The law forbids the proving of fraud by testimony of witnesses based on
presumptions, hypothesis and deductions. Intrusco Corporation Osseily, 32
LLR 558.
6. An election will not be invalidated by irregularities unless the irregularities
materially affected the result of the election. Andrew v. Blackman, Supreme
of the State of Louisiana, 59, 50 769.
Based on the evidence adduced orally, documentarily and demonstratively,
the Hearing Officer has determined that the below single issue is
determinative of the controversies raised in this complaint.
ISSUE: Has the Complainants provided evidence sufficient to prove
irregularities and fraud to warrant the re-run of the October 10, 2017
election?
The Complainants, all of whom participated in the October 10, 2017 election
have raised several issues in their separate complaints that the elections were
marked by irregularities and fraud, therefore the entire elections must be rerun. The first Complainant and the Intervenor are alleging that the Final
Registration Roll used during the elections was not published according to
Statute, and also that said document was altered by addition made to it during
the elections. The first Complainant and the Intervenors also alleged that the
ballot papers used during the elections had no serial number and that the
Defendant had done so with the intent to cheat. The first Complainants and
the Intervenors alleged further that on the day of voting several polling places
opened late and that voting materials taken to some polling places were
unaccompanied by security officer. Both the first Complainant and the
Intervenors informed the Hearing Officer that ballot papers were discovered
in Glay Town, Grand Gedeh County. The Intervenor/ Complainants have
presented through a demonstration by one of it witnesses on two flash drives
containing the Final Registration Roll that there were a total of 79 polling
places missing across 10 precincts, and the missing polling places amounts to
35,267 registered voters. The first Complainant alleged that at Tokpa Polu
Public School polling place #1, the Defendant gave candidate of the CDC total
of 1109 votes far exceeding the total of registered voters at that center.
In rebutting the testimonies of the first Complainants and the
Intervenor/Complainant's witnesses, the Defendant first witness, C. A. Lamin
Lighe presented that the ballot papers used during election had serial numbers
on the stub of the ballot papers. The witness testified to and presented both
the Presidential and Representative ballot papers having serial number on the
ballot stub, these instrument were marked and admitted into evidence. The
Defendant witness provided that contrary to the Complainant claim that the
final registration roll was not published, the roll was indeed published and
made available at all of its local offices for inspection by the public. That one