DECEMBER IS EQUALLY LEGAL FOR THE CONDUCT OF ELECTION IF THE DEADLY EBOLA VIRUS IS OUT OF LIBERIA SOON Laws are made to govern people. There are many laws to which we live by as a nation. Among those laws is the constitution which stands tall above all other laws. No law must be in contradiction to the constitution. The constitution as the supreme law of the land also speaks to issues relating to but not limited to political parties and elections. The provisions on political party and election can be found in the following articles of the Constitution of the Republic of Liberia. Article 77, 78, 79, 80, 81, 82, 83 and 84. As it relates to the date of elections, it is stated in Article 83(a) of the constitution of the republic of Liberia as: Voting for the President, Vice President, members of the Senate and members of the House of Representatives shall be conducted throughout the Republic on the second Tuesday in October of each election year. The law beneath the constitution that discusses elections and elections date is the Elections Law. Approved September 29, 1986 Amended January 29, 2003 and December 23, 2004 It is stated in S.4.3 that; Election Writs. (1) Writs shall be in the prescribed form and shall specify: (a) the date of the election; (b) The last date for nomination of candidates by political parties and nomination of independent candidates; and (c) The date for return of the election writ, with the results of the several elections within the county/district endorsed thereon. Such date to be not later than fifteen (15) days after election. To further discuss the quotations from the two laws, let me first define two key words in terms of Elections. The key words are General elections and special elections. General Election –is an election in which the president, vice-president, members of the senate and members of the House of Representatives are voted for in and on the same day. Special Elections-is an election held to fill a political office that has become vacant between general elections. A typical example is the upcoming senatorial election. The constitution is clear on General elections in article 83 (a), but silent on special elections. It is only in the elections law (S. 4.3) that provisions on special elections in relation to elections date are made. In my understanding of the law, special elections can be any date selected by the National Elections Commission (NEC). The date is depended on a writ as it is stated in S. 4.3 of the Elections law. The writs of elections date have been issued and the date for the conduct of election has been scheduled. The National Elections Commission as the body responsible for determination of elections date has chosen the second Tuesday of October this year as the date for the conduct of elections. The Ebola epidemic has seriously delayed processes leading to the conduct of this year special senatorial elections. We can either conduct our elections on the date already set up by NEC or postponed the conduct of election to December. The power to postpone the election is within the hand of the president. The constitution states in Article 86(a) Acting pursuant thereto, the President may suspend or affect certain rights, freedoms and guarantees contained in this Constitution and exercise such other emergency powers as may be necessary and appropriate to take care of the emergency, subject, however, to the limitations contained in this Chapter . The president during this emergency period can suspend provisions of the constitution compelling special senatorial elections to be held on the second Tuesday of October this year. After such suspension, the president or relevant authority(s) can authorize the NEC to structure a new date in December. The three (3) months period for the state of Emergency ends early November. In line with the following analysis, I believe it will be legal to go to polls in December. May God bless my dear country Liberia!!! By Martin M. Tumoe
Posted on: Tue, 30 Sep 2014 23:32:18 +0000
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