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evidence relevant to proving fraud should have been admitted and the
probative value determined. And so Appellants/ Intervenors excepted
and argued the evidence before the Board; but again, the NEC Board
never passed on this issue and the effect the evidence had on the
fairness, freeness and transparency of the October 10, 2017 elections.
And so Appellants/Intervenors except.
26. Appellants adduced evidence that ballots on which voters had
already voted were found buried in Glay Town, Grand Gedeh County
and video recording of the discovery went viral on the internet. The
oral testimonies of two of the persons who dug out the ballots were
never rebutted or discredited; photographs of the buried ballots were
exhibited; video recording of the buried ballots during the time that
they were pulled out of the ground and thereafter was demonstrated.
Yet, in his Final Ruling, the CDHO never passed on this material
evidence and the impact it had on the October 10, 2017 elections. So
Appellants excepted and argued the issue before the NEC Board.
27. That further to Count Twenty-Six (26) above, Appellants/
Intervenors say that the NEC Board relied on the self-serving
statement of Appellee's Executive Director that the buried ballots
were "Know-Your-Candidates" postals, not ballots; but the NEC
ignored the unrebutted testimony of the two witnesses that these
were used ballots, which means they had been used to vote. The NEC
Board also ignored the photocopies of the pictures and the video
recording which showed that these buried ballots had the red stripes
on the reverse side for presidential ballots and the green stripes of the
reverse side for representatives ballots, while the "Know-Your
Candidate" ballots had only plain white reverse side. This cogent
evidence was completely ignored by the NEC Board in favor of the selfserving oral testimony of Appellee's Executive Director. And so
Appellants/Intervenors except.
28. Appellants/Intervenors adduced evidence at the hearing to the
effect that the FRR is the sine qua non for free, fair and transparent
elections and that the FRR was materially flawed, intentionally or
unintentionally, and that no free, fair and transparent elections could
have been held on October 10, 2017 with such materially flawed FRR.
To corroborate this evidence, Appellants applied for subpoenas
ducestecum and subpoenas ad testificandum for the presiding officer
worksheets and the addenda created all over the country; and even
though the CDHO has the power to subpoena witnesses and records
pursuant to Article 2.9(w) of the Elections Laws, Section 82.4(a) of the
Executive Law (the Administrative Procedure Act) and Appellee's own
regulations (Elections Hearing Procedures of May 6, 2016, Art. 8.2),
the CDHO denied the application for these subpoenas, much to
Appellants' prejudice. And to which erroneous ruling, Appellants
excepted; and the NEC Board confirmed the CDHO's ruling. And
Appellants/Intervenors except.
29. That further to Count Twenty-Nine (29) above, had the presiding
officer's worksheets and the addenda from all over the country been
produced as in keeping with the subpoena requested for, proof of how