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submit that Section 3.11(2) of the Elections Law is unequivocal that the
registration roll shall be available for inspection at each Registration
Center for at least two (2) days before Election Day; and, Section 22.1 of
the Regulations mandates that a certified Final Registration Roll is
printed, and a copy is kept at each polling place.
3. 1" Appellants say and aver that the Board of Commissioners (BOC)
committed a reversible error when the BOC, in its Final Ruling, failed to
take cognizant of the fact, as pleaded by the 1st Appellant, and testified
to by one of the Appellants' witnesses that on the day of election, with no
emergency, voters discovered that some Polling Places were not at the
locations that had been previously published by the NEC, thus depriving
them of their constitutional right to vote. One of such examples was the
location of a Polling Place in Precinct Center #6171, District# 7, Fuama,
Bong County, which was changed, without the required notice, from
Korniekawoejai to Camp America, about six-hour walk, resulting in many
not voting, thus depriving such voters of the constitutional right to vote.
1St Appellant submit that the Appellee failed to produce a single witness,
its Presiding Officer or some else, or any documentary evidence to rebut
the pleading and testimony of 1st Appellant.
4. 1st Appellants say and aver that the Board of Commissioners (BOC)
committed a reversible error when the BOC, in its Final Ruling, stated
that, "The Board says that there seems to be a confusion between the
provisional and final voter roll. It is the provisional voter roll which is
developed after voter registration exercise that is required to be
published and posted at all registration centers, nationwide. The final
registration roll (FRR), on the other hand, is developed after cleaning the
provisional voter roll and the publication that is required of it is simply
to have them distributed and made available at all magisterial offices as
required by Section 3.6 of the New Elections Law. Because the record
shows that the NEC complied with the requirements of Section 3.6 of
the New Elections Law, we hold that the Hearing Officer did not err." 1st
Appellants submit that, the Appellee issued its "Voter Registration
Regulations," and pursuant to Section 3.11 (2) of the Elections Law,
Section 22.1 of the Regulations provides that, "NEC shall certify the Final
Registration Roll and print one copy for each polling place." The failure
of the Appellee to comply with and enforce the Elections Law and
Regulations, deprived voters, who did not have access to the NEC's
website, and did not live near a Magistrate Office, equal opportunity
and equal protection under the law, which is indeed a reversible error.
5.1stAppellants say and aver that the Board of Commissioners (BOC)
committed a reversible error when the BOC, in its Final Ruling, raised
an issue of the voting of polling staff and others, stating that,
"Defendant presented into evidence the Polling and Counting Manual
for the 2005, 2011 and 2017 elections all of which have provisions
that allow polling staff, security/police officers who are not
registered at a center but assigned there on elections day to vote only
in the presidential election and have their profiles recorded on a
space at the back of the final registration roll." The voting of polling
staff, and/or security/police officers was never raised during the
hearing, and was not a part of the records forwarded to you from the