52
All would agree that a transposing error, which was corrected and did not
impact any candidate's vote does not constitute fraud. Accordingly, we hold
that the Hearing Officer did not err, and 1st and 2nd Appellants' request for a
rerun of the October 10, 2017 elections is hereby denied.
WHEREFORE AND IN VIEW OF THE FOREGOING, Appellants' appeal is hereby
denied. The Hearing Officer's final ruling in these proceedings is hereby
confirmed and affirmed. AND IT IS HEREBY SO ORDERED.
GIVEN UNDER OUR HANDS AND SEAL OF THE NATIONAL ELECTIONS
COMMISSION THIS 24TH DAY OF NOVEMBER, A. D. 2017.”
We note, from the ruling quoted above, that although the Commission
handed down a single ruling in respect of the both appellant parties, the two
parties, first and second complainants/appellants determined to file separate
bill of exceptions in respect of the said ruling. We note also that although in
regard to the first complainants who had filed the complaint before the NEC
and who had presented evidence before the CDHO, from whose decision an
appeal was taken to the Board of Commissioners, who had participated in the
appeal before the Board, and who had announced an appeal from the adverse
final ruling of the Board, only the presidential and vice presidential candidates
of the Liberty Party, in persons of Charles Walker Brumskine and Harrison S.
Karnwea, filed a bill of exceptions before the NEC and complied with the
recognizance appeal requirement from that body, taking issue with the NEC
and seeking to vest jurisdiction in the Supreme Court to hear the appeal taken
from the ruling of the Board of Commissioners of the NEC. Again, as we have
done with other instruments filed in the hearing process, so that a full and
accurate picture is presented of the contentions of the parties, we herewith
quote in its entirety the bill of exceptions of Charles Walker Brumskine and
Harrison S. Karnwea, filed with and approved by the Board of Commissioners
of the NEC, as follows:
APPELLANTS' BILL OF EXCEPTION
Charles Walker Brumskine and Harrison S. Karnwea, Presidential and
Vice-Presidential Candidates at the October 10, 2017 Elections, 1st
Appellants in the above entitled cause of Action, most respectfully
inform you, the Board of Commissioners, National Elections
Commission, that on the 24th of November, 2017, you rendered your
Final Ruling, denying the Appellants' appeal from the Final Ruling of the
Hearing Officer, and confirmed and affirmed the Final Ruling of the
Hearing Officer. 1st Appellants excepted to your Final Ruling, and
announced appeal to the Honorable Supreme Court of the Republic of
Liberia, and therefore, the 1st Appellants hereby submit this Bill of
Exceptions for your approval as follows to wit: