FOR IMMEDIATE RELEASE
Contact: Atlanta, Deborah Hakes +1 404 420 5124 or dhakes@emory.edu; Monrovia, Alexander Bick +231 880 424 280
Executive Summary
Carter Center observers monitoring the tally and the tabulation of final results in Liberia report a largely transparent process with no evidence of systematic fraud or manipulation of results.
In follow-up to its 55-person delegation that observed the voting process during the country's Oct. 11, 2011, presidential and legislative elections, Carterre-deployed seven teams of international observers to observe the tally process in 12 of the 19 magisterial offices in nine counties. While Carter Center observers noted a number of clerical mistakes, computational errors, and minor procedural irregularities, in all but four cases these did not affect the total number of votes for any party or candidate. On the basis of the observers' report, the Center concludes that the observed irregularities did not jeopardize the integrity of the process as a whole and that there was no evidence of fraud.
Carteracknowledges steps taken by the NEC to improve the transparency of the tally process and to address complaints by political parties and independent candidates. In anticipation of a presidential run-off, the Center urges the NEC to provide additional training to ensure that tally procedures are consistently and carefully applied. We also call on political parties and independent candidates to submit any complaints about the elections to the NEC according to established procedures, and to disseminate information about the tally process to their party agents. Following the announcement of final results, parties and candidates will have seven days to file a formal complaint with the NEC. These complaints must be resolved within 30 days.
Â鶹´«Ã½É«ÇéƬ's long-term observers remain in Liberia and will continue to observe the complaints period. In addition, the Center plans to deploy a delegation of short-term observers to observe polling, counting, and tallying for the presidential runoff election in November.
Tally Procedures
Liberia's procedure for tallying election results is outlined in the Tally Procedures for the Presidential and Legislative Election 2011, approved by NEC on Oct. 11, 2011. The tally process is conducted at the magistrate offices for all polling places within their respective magisterial areas. Three Tamper-Evident Envelopes, TEE1, TEE2, and TEE3 (the last of which includes, among other items, the Record of the Count forms for all three elections) and a brown envelope containing polling day complaints (if any) submitted by the voters or party or candidate agents are delivered to the magistrate office by the responsible Electoral Supervisor.[1] The remainder of the polling materials are packed in one of the ballot boxes and delivered to the county storage facility, along with the sealed ballot box containing the ballots.
Once the TEEs have been delivered, the tally process proceeds in four steps: intake of the TEEs at the tally center; copying and issuing copies of the Record of the Count forms to the party agents and observers present; entering the results into the database; and storage of the processed TEEs. The tally commences as soon as TEEs are received.
The Count Reading Officer is responsible for opening the TEE3s and ensuring that the three Records of the Count forms, the Presiding Officer's Worksheet and the Polling Place Journal are present. The Record of the Count forms are then copied for the party agents present so that they can follow the tally process when the numbers are read to the Data Entry Officer.
For each polling place the Count Reading Officer compares the data entered in the Presiding Officer's Worksheet and the top portion of the Record of the Count form. If the information matches, the magistrate will begin reading the results to the Data Entry Officer. The following information is read: the number of votes obtained by each candidate; the total number of votes cast; the total number of invalid votes cast; and the total number of valid and invalid votes cast.
The Count Reading Officer cannot under any circumstances make corrections to the number of votes obtained by the candidates. Corrections on the forms can only be done to the numbers of "total valid votes cast" and "total of valid and invalid votes cast" only in the case of a mistake in the calculation of votes. If a discrepancy of more than two percent is found between the total of valid and invalid votes cast and the number of ballots withdrawn from the ballot box, the database will recommend that the information be rechecked.
If, after the check, the Tally Database record matches the Record of the Count, the Data Entry Officer saves the file and prints a Record of the Count from the Tally Database form, which is signed by the Count Reading Officer and the Data Entry Officer and posted for inspection by party agents, observers, and the media. If, on the other hand, there are mistakes or discrepancies in the forms that cannot be rectified, the Count Reading Officer will place the TEE3 in quarantine and the magistrate will inform the party agents and NEC headquarters.
Results from the tally process at the magistrate offices are transmitted to NEC National Tally Center three times a day until the tally process is complete.
Findings of Carter Center Observers
An efficient and transparent tally process is a critical component of a credible election that ensures the will of voters is accurately and comprehensively reflected in the final results.[2]
Seven teams of Carter Center observers witnessed the tally process for the presidential and legislative elections in 12 of the 19 magisterial areas over the period Oct. 12-17, 2011. Their work included conducting interviews and observation in magistrate offices in Lower and Upper Montserrado, Bomi, Lower and Upper Bong, Grand Bassa, Lower and Upper Nimba, Grand Gadeh, Grand Cape Mount, Margibi, and Maryland Counties.
Key findings at magistrate offices observed include the following:
Overall, the tally process was conducted in a manner that upholds Liberia's international obligations.[7]
The Complaints Process
To ensure that effective remedies are available for violations of rights occurring during the tally process, there should be impartial scrutiny and access to a complaints review process.[8] The elections law and related procedures, including the Regulations on Challenges and Complaints Arising before and during Elections and Tally Procedures, provide party agents the opportunity to monitor the process and to file formal complaints with the NEC. These complaints are considered by a hearing officer and may be appealed with the board of commissioners. Despite a formal window of 48 hours after the election to file a complaint, the complaints process is ongoing. Carter Center findings on this process are therefore preliminary.
Carter Center observers noted several complaints filed at the magistrate offices relating to a number of distinct aspects of the election process. In addition, the Center acknowledges the Oct. 15, 2011, "Press Release on the Flaw of the General and Presidential Election Results" issued by nine opposition political parties, alleging flawed elections and directing their party agents to withdraw from the tally process.
According to the NEC, as of Oct. 19 thirty-five official complaints had been filed in 16 magisterial areas. Nine of these complaints resulted in recounts: in four cases the allegations proved false, and the original tally was confirmed; in three cases the allegations proved justified and the tally was amended to reflect the correct results. Two recounts are pending. Fifteen investigations are ongoing or a response to the complainant is in preparation. Nine complaints had been dismissed for lack of evidence and five complaints had been withdrawn. As of Oct. 20, the NEC is conducting three full district recounts in Montserrado, Nimba, and River Gee Counties.
Cartercalls on political parties and candidates to submit evidence of irregularities or other problems to the NEC for investigation and resolution, in line with the formal complaints procedure. We acknowledge the steps taken by NEC to hear and resolve complaints in a timely fashion, which is in accordance with Liberia's international obligations.[9] At the same time, the Center calls on NEC to ensure that hearings are conducted in an appropriate setting by the proper authorities as outlined in the elections law.
Following the announcement of final results parties and candidates will have seven days to file a formal complaint with the NEC. These complaints must be resolved within 30 days. As the process continues, Carterencourages the NEC to ensure that the process remains transparent and impartial.
Â鶹´«Ã½É«ÇéƬ's Election Observation Mission
Â鶹´«Ã½É«ÇéƬ's election observation mission is working in Liberia by invitation of the
NEC, in conformity with the NEC's Code of Conduct for Observers. Cartercommenced its observation mission on Sept. 1, 2011, and has deployed eight long-term observers who will remain in Liberia for a period of three months, visiting all 15 of Liberia's counties. They were joined by a larger, short-term delegation in early October to witness the voting, counting, and tabulation processes.
The objectives of the Carter Center's election observation mission in Liberia are to: a) provide an impartial assessment of the overall quality of the electoral process, b) promote a process that is credible, transparent, and free from violence, and c) to demonstrate international interest in and support for the upcoming elections. The Center assesses the electoral process based on Liberia's national legal framework and its obligations for democratic elections contained in regional and international agreements, including the African Charter on Human and People's Rights and the International Covenant on Civil and Political Rights.[10]
Â鶹´«Ã½É«ÇéƬ's election observation missions are conducted in accordance with the Declaration of Principles for International Election Observation and the Code of Conduct, which were adopted at the United Nations in 2005 and have been endorsed by 37 election observation groups.
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[1] In Montserrado County the TEEs were delivered to the Samual Kanyon Doe Sports Complex (SKD).
[2] International Covenant on Civil and Political Rights, art. 25(b); AU, Declaration on the Principles Governing Democratic Elections in Africa, art. 1.
[3] In Upper Nimba, observers reported that many envelopes were never sealed before delivery. Party agents did not object, however, and no official complaints were filed.
[4] A number of these agents departed following the press release issued by opposition parties on October 15, though some remained and signed the final Declaration of Preliminary Results form. See "The Complaints Process" below. Access of political party agents and domestic observers is supported by Liberia's international commitments, such as the International Convention on Civil and Political Rights, art. 25; UNHCR, General Comment 25, para. 20.
[5] In one case in Lower Montserrado a discrepancy of 138 votes in the presidential race was identified and a recount conducted. The recount found that the Congress for Democratic Change (CDC) had received 153, rather than 15 votes, as noted on the Record of the Count form. The form was corrected and copies distributed to the party agents. In a second case Munah Pelham, a CDC candidate for the House of Representatives in Montserrado County, complained that the number of votes she received had been switched with another candidate. A recount found that this was true and the Record of the Count form was corrected.
[6] The first case in Upper Montserrado involved an error where 95 votes for the CDC in the presidential race were read as 15 votes. The error was corrected on the Record of the Count form. The second case involved a Liberty Party (LP) candidate in Maryland County.
[7] International Covenant on Civil and Political Rights, art. 25(b);
[8] UNHRC, General Comment 25, para. 20.
[9] African Charter on Human and People's Rights, art. 7 (noting that each individual has the right to have his cause heard within a reasonable time); African Charter on Democracy, Elections and Governance, art. 17(2) (signed) (requiring State Parties establish and strengthen national mechanisms to redress election-related disputes in a timely manner).
[10] Liberia ratified the African Charter on Human and People's Rights (ACHPR) on Aug. 4, 1982, and the ICCPR on Sept. 22, 2004.
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