For NEC Failure To Publish Voter Roll, UP Runs To Supreme Court

Jackie Dennis Reports:

The standard bearer and political leader of the Unity Party (UP) Joseph Nyemah Boakai, on Tuesday, September 26, 2023, filed a writ of mandamus against the National Election Commission (NEC) Chairmen Davidetta Brown Lassanah for failure to publish the voter roll.

The writ of mandamus, copy of which is in the our possession, was filed Tuesday 26,2023, at 11 a.m. before Chamber Justice Jamesetta Wolokolie.

The Unity Party in their petition prays for the issuance of the mandatory writ of mandamus, compelling NEC (Respondent) to perform its specified legal duties to have the Final Registration Roll of certified voters by location published and distributed to Political Parties and Independent Candidates.

According to the UP, it’s a duly Registered, certified, and accredited Political Party under the Laws of Liberia. and the Unity Party have participated in every election dating back from 1985, 1997, 2005, and 2011,2017 and will be participating in forthcoming General and Presidential Elections starting on October 10, 2023.

The writ noted, that the Unity Party was accredited in keeping with Section 2.9(d) of the New Elections Law of Liberia.

The party indicated that consistent with duties devolved on the National
Elections Commission (NEC) by the New Elections Law and as well as by
an Opinion of the Supreme Court, the NEC is mandated to publish and submit to political parties and Independent Candidates copies of the Final Registration Roll of all registered voters disaggregated by locations in every electoral district in the country.

The Petitioner said, inconsistent with the 2023 Voter Registration Regulations, Final Registration Roll means a list of registered voters who are qualified to vote that is produced following exhibition and decision(s) on voters’ appeal(s), claim(s), and challenges and required changes to the provisional registration roll.

Unity Party (Petitioner) Mentioned, that on August 29, 2023, the Chairman of the National Elections Commission appeared by the Senate under oath and faithfully promised to provide the FRR on the 18th of September 2023. But the NEC has failed up to its statutory responsibility which they are under oath to adhere to.

The petitioners further said that a formal communication was addressed to the Chairman of the National Elections Commission on September 18, 2023, requesting the “Final Voters Registration Roll.

Moreover, petitioners say that consistent with Section 16.1 of the 20 23 Voter
Registration Regulations, NEC may take necessary measures to clean/correct any inaccuracies discovered on the voter roll.

The Petitioners contend and say that Section 16.1 of the 2023 Voter
Registration Regulations is a mandatory procedure that should be
undertaken by NEC; and that NEC may take necessary measures to
clean/correcting any inaccuracies discovered on the voter roll should not be allowed by the Court, and the Court should declare it a mandatory
The process as this process borders on the integrity of the votes in the election
day.

Accordingly, the UP lamented that consistent with the 20 23 Voter Registration Regulations, Section 16.5, the Final Registration Roll (FRR) for each magisterial area shall be available at that magisterial office for public inspection during normal business hours.

They explained, consistent with 16.6 of 2023 Voter Registration
Regulations, the NEC may provide stakeholders with electronic copies in
colors of the Final Registration in a secured form. And to count Eight (8) of Petitioners petition contend and say that
Section 16.6 of the 2023 Voter Registration Regulations is a mandatory
procedure that should be undertaken by NEC; and that NEC may provide
stakeholders with electronic copies of the Final Registration Roll in a
secured form, should not be allowed by the Court; and that the Court
should declare it a mandatory process as the process borders on the
integrity of the votes on election day.

Petitioners say since the pronouncement by the Executive Chair
of the NEC the Final Registration Roll will be published to the public
and issued to Political Parties and Independent Candidates on
September 21, 2023; and Petitioners contend that the pronouncement by
the NEC has not been done, which amounts to an irregularity that will
undermine the integrity of the votes on election day.
UP said the FRR must be made available in published hard copies to all Election Magistrates and polling places across the country By-law before any run-off election begins.