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its hearings. And for which error, Appellants excepted and argued the
matter before the NEC Board.
33. That in passing on the exceptions raised in Counts Thirty (30),
Thirty-One (31) and Thirty-Two (32) above, the NEC Board relied on
Section 4.7 of the Elections Law, which provides that ballots may be in
the form as prescribed by Appellee and that ballot papers shall shall
include the names of candidates in alphabetical order of surname, the
name of the party and the selected emblems and that different color
ballots may be provided for elections to different elective offices.
Appellants/Intervenors did not say that this law meant that Appellee
could depart from international best practice and standards, which
require the ballot stubs and ballots should carry corresponding serial
numbers. 26 Am Jurd 2d Elections, Section 223. This law, which was
the same law when the 1997 election was conducted, did not intend
that Appellee depart from the practice for the 1997 election, which
provided for corresponding serial number on both the ballot paper
and stubs. And for this reason, Appellants/Intervenors except.
34. That serial number on each ballot stub, which corresponds to serial
number on the ballot itself, is for security purpose — to ensure that
only ballots with the specific serial numbers assigned to a polling place
would be found in the ballot boxes assigned to those polling places.
That is why the presiding officer's worksheets have blank spaces
thereon to show the starting and ending serial numbers for ballots
assigned to each polling place. Had the CDHO granted the subpoena
for the presiding officer's worksheets, the evidence would have
revealed that none of these worksheets recorded the serial numbers
for the ballots and that this made it possible for ballot boxes to be
stuffed with excess ballots. And for these reasons,
Appellants/Intervenors excepted.
35. That even though pursuant to Appellee's own regulations (Voter
Registration Regulations of August 12, 2016, Art. 25.1(a), it is an
election offense for a person without authority to print or distribute
voter registration cards and possess other election material, the CDHO
denied Appellants/Intervemors' request for subpoena and failed to
exercise his power pursuant to Appellee's own regulations (Elections
Hearing Regulations of May 6, 2016, Art. 8.2) to subpoena the records
of the investigation of Mr. Amos Seibu of President Sirleaf s offices
who had been found with machines for production of voter
registration cards and found with other election materials in his
possession. This evidence would have been used by Appellants to
prove fraud. And so Appellants excepted and submitted the issue to
the NEC Board; but the NEC Board first confirmed the denial of the
subpoena and also did not pass on the effect of this evidence on the
fairness, freeness and transparency of the October 10, 2017 elections.
And so Appellants/Intervenors except.
36. That the CDHO refused to issue subpoena pursuant to Section
2.9(w) of the Elections Law, Appellee's own regulations (Elections
Hearing Regulations of May 6, 2016, Art. 8.2) for the records of the
investigation of Appellee's presiding officer for Electoral District No. 3,