Amendment 2011: Legal and Structural Reform for a better Liberia

Political Parties and Elections

Part IV: Remit Public Funding to Liberia’s Presidency

“Since the essence of democracy is free competition of ideas expressed by political parties and political groups as well as by individuals, parties may freely be established to advocate the political opinions of the people. Laws, regulations, decrees or measures which might have the effect of creating a one-party state shall be and are forthwith declared void and unconstitutional”.

Since 1847, the founding fathers of Liberia and those charged with the revered responsibility to rewrite Liberia’s 1847 Constitution after the 1980 military coup in Liberia perhaps out of fear or favor, subconsciously or intentionally failed to return power to the people and purposefully to restore sovereignty in the people of Liberia by ensuring that democracy and accountability were established in Liberia by and through the free competition of ideas and policies. In my sense, democracy as well as free competition of ideas and policies can be experienced by all Liberians and become a reality in Liberia if Liberia’s Elections Laws were restructured and reformed to meet modern day reality. Liberians can permit the establishment of free competition of ideas and democracy in Liberia by challenging and reforming Liberia’s Elections Laws to provide for remitting public funding to Liberia’s Presidential candidates that have the desire and intention to contest the Presidency of Liberia, absence artificially imposed economic adversity.

Since the essence of democracy is free competition of ideas expressed by political parties and political groupings as well as individuals, Liberia’s Constitution and Elections Laws have got urgent need to be revisited, restructured and reformed so that Liberians seeking to work for the establishment of democracy in Liberia by and through the trading of free ideas and policies are provided public funding to ensure the true establishment of democracy in Liberia through the competition of free ideas and policies put forth by Liberia’s political institutions and individual Liberians wishing to freely and confidently contest the Presidency of the Republic of Liberia. This challenge must be a matter of law and not left to the discernment and the authority of a sitting president who may or may not be preparing to contest the office of the Presidency of Liberia though yet the sitting President of Liberia.

Absence remitting such public funding to Liberia’s certified and accredited Presidential Candidates, Liberians will sadly still be promoting and permitting an 1847 perception and idea about the establishment of democracy and policy-making in Liberia. Liberia’s 1986 Constitution and Elections Laws of Liberia must be restructured and reformed for a better Liberia.

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CHAPTER VIII

POLITICAL PARTIES AND ELECTIONS
Article 82

a) Since the essence of democracy is free competition of ideas expressed by political parties and political groups as well as by individuals, parties may freely be established to advocate the political opinions of the people. Laws, regulations, decrees or measures which might have the effect of creating a one-party state shall be and are forthwith declared void and unconstitutional. And except as otherwise provided, all illegitimate armed groups leaders, their political and financial leaders are forever barred from contesting and holding public office in Liberia upon coming into force of these amendments to this Constitution.

b) All elections shall be by secret ballot as may be determined by the Elections Commission, and every Liberian citizen not less than 18 years of age, shall have the right to be registered as a voter and to vote in public elections and referenda under this Constitution. The Legislature shall enact laws indicating the category of Liberians who shall not form or become members of political parties. Except as otherwise provided, armed groups, their leaders, financiers, associates and political supporters of armed groups are forthwith declared ineligible to form political parties and they shall not contest for public office in Liberia having taken up arms against the Republic.

Article 83

As used in this Chapter, unless the context otherwise requires, an "association" means a body of persons, corporate or other, which acts together for a common purpose, and includes a group of people organized for any ethnic, social, cultural, occupational or religious objectives; a "political party" shall be an association with a membership of not less than five hundred qualified voters in each of at least six counties, whose activities include canvassing for votes on any public issue or in support of a candidate for elective public office; and an "independent candidate" shall be a person seeking electoral post or office with or without his own organization, acting independently of a political party.

Article 84

No association, by whatever name called, shall function as a political party, nor shall any citizen be an independent candidate for election to public office, unless:

a) the association or independent candidate and his organization meet the minimum registration requirements laid down by the Elections Commission and are registered with it. Registration requirements shall include filing with the Elections Commission a copy of the constitution of the association and guidelines of the independent candidate and his organization, a detailed statement of the names and addresses of the association and its officers or of the independent candidate and the officers of his organization, and fulfillment of the provision of sub-sections (b), (c), (d) and (e) hereof. Registration by the Elections Commission of any association or independent candidate and his organization shall vest in the entity or candidate and his organization so registered legal personality, with the capacity to own property, real, personal or mixed, to sue and be sued and to hold accounts. A denial of registration or failure by the Elections Commission to register any applicant may be challenged by the applicant in the Intermediate Court of Liberia or in the Supreme Court of Liberia by the issuance of a Writ of Certiorari to determine all constitutional issues that may be adversely raised and contested;

b) the membership of the association or the independent candidate’s organization is open to every citizen of Liberia, irrespective of sex, religion or ethnic background, except as otherwise provided in this Constitution.

c) the headquarters of the association or independent candidate and his organization is situated:

(i) in one of the 15 capital cities of the 15 counties of the Republic where an association is involved or where an independent candidate seeks election to the office of President or Vice–President;

(ii) in the headquarters of the county where an independent candidate seeks election as a Senator; and

(iii) in the electoral center in the constituency where the candidate seeks election as a member of the House of the County Legislative Assembly or to any other public office;

d) the name, objective, emblem or motto of the association or of the independent candidate and his organization is free from any religious connotations or divisive ethnic implications and that the activities of the association or independent candidate are not limited to a special group or, in the case of an association, limited to a particular geographic area of Liberia;

e) the constitution and rules of the political party shall conform to the provisions of this Constitution, provide for the democratic elections of officers and/or governing body at least once every six years, and ensure the election of officers from as many of the regions and ethnic groupings in the country as possible. All amendments to the Constitution or rules of a political party shall be registered with the Elections Commission no later than ten (10) days from the effective dates of such amendments.

Article 85

a) Parties or organizations which, by reason of their aims or the behavior of their adherents, seek to impair or abolish the free democratic society of Liberia or to endanger the existence of the Republic shall be denied registration after the due process rights of such proposed party has been respected and the proposed aggrieved party has been given its day in court and a regular hearing has been conducted consistent with substantial and procedural due process of law by a court having territorial and subject matter jurisdiction.

b) Parties or organization which retain, organize, train or equip any person or group of persons for the use or display of physical force or coercion in promoting any political objective or interest, trained or equipped, shall be denied registration, or if registered, shall have their registration revoked after the due process rights of the proposed aggrieved party has been upheld and such denial or attempted revocation has been so determined by the courts of Liberia.

c) Every Liberian citizen shall have the right to be registered in a constituency, and to vote in public elections only in the constituency where registered, either in person or by absentee ballot; provided that such citizen shall have the right to change his voting constituency as may be prescribed by the Legislature.

d) Each constituency shall have an approximately equal population of 20,000, or such number of citizens as the legislature shall prescribe in keeping with population growth and movements as revealed by a national census; provided that the total number of electoral constituencies in the Republic shall not exceed one hundred.

e) Immediately following a national census and before the next election, the Elections Commission shall reapportion the constituencies in accordance with the new population figures so that every constituency shall have as close to the same population as possible; provided, however, that a constituency must be solely within a county.

Article 86

Any citizen, political party, organization, or association, being resident in Liberia, of Liberian nationality or origin and not otherwise disqualified under the provisions of this Constitution and laws of the land, shall have the right to canvass for the votes for any political party or candidate at any election, provided that corporate and business organizations and labor unions are excluded from so canvassing directly or indirectly in whatsoever form.

Article 87

a) Any citizen or citizens, political party association or organization, being of Liberian nationality or origin, shall have the right to contribute to the funds or election expenses of any political party or candidate; provided that corporate and business organizations and labor unions shall be excluded from making and contribution to the funds or expenses of any political party. The Legislature shall by law prescribe the guidelines under which such contributions may be made and the maximum amount which may be contributed.

b) No political party or organization may hold or possess any funds or other assets outside of Liberia; nor may they or any independent candidates retain any funds or assets remitted or sent to them from outside Liberia unless remitted or sent by Liberian citizens residing abroad. Any funds or other assets received directly or indirectly in contravention of this restriction shall be paid over or transferred to the Elections Commission within twenty-one days of receipt. Information on all funds received from abroad shall be filed promptly with the Elections Commission of the Republic and any such funds received by a political institution contrary to the elections laws of Liberia same shall be forthwith deposited at the Central Bank of Liberia and treated as a fruit of the crime after so determined by the Courts of Liberia.

c) The Elections Commission shall have the power to examine into and order certified audits of the financial transactions of political parties and independent candidates and their organizations. The Commission shall prescribe the kinds of records to be kept and the manner in which they shall be conducted by a certified chartered public accountant, not a member of any political party.

Article 88

a) Voting for the President, Vice–President, Governors and Vice Governors, members of the Senate and members of the House of the County Legislative Assembly shall be conducted throughout the Republic on the second Tuesday in October of each election year.

b) All elections of public officers shall be determined by an absolute majority of the votes cast. If no candidate obtains an absolute majority in the first ballot, a second ballot shall be conducted on the second Tuesday following. The two candidates who received the greatest numbers of votes on the first ballot shall be designated to participate in the run-off election. Except that upon coming into being of these amendments to this Constitution, there shall be no run-off for the positions of the Senate and the County Legislative Assembly and the candidates with the first and second highest votes shall be declared the winners for the individual seats so contested.

c) The returns of the elections shall be declared by the Elections Commission not later than ten days after the casting of all ballots. Any party or candidate who complains about the manner in which the elections were conducted or who challenges the results thereof shall have the right to file a formal complaint with the Elections Commission. Such complaint must be filed not later than ten days after the announcement of the results of the elections.

The Elections Commission shall, within twenty days of receipt of the complaint, conduct an impartial investigation and render a decision which may involve a dismissal of the complaint or a nullification of the election of a candidate. Any political party or independent candidate affected by such decision shall not later than ten days appeal against it to the Intermediate Appellate Court of Liberia; unless where a Writ of Certiorari is prayed for and granted by the Supreme Court thereby giving the Supreme Court Appellate Jurisdiction to only determine contested constitutional issues raised by the parties.

The Elections Commission shall within ten days of receipt of the notice of appeal, forward all the records in the case to the Intermediate Appellate Court or the Supreme Court, which not later than ten days thereafter, shall hear and make its determination where constitutional issues are adversely contested by the parties. If the Intermediate Court or Supreme Court nullifies or sustains the nullification of the election of any candidate, for whatever reasons, the Elections commission shall within thirty (30) days of the decision of the Court conduct new elections to fill the vacancy. If the court sustains the election of a candidate, the Elections Commission shall act to effectuate the mandate of the Intermediate Appellate or the Supreme Court and forthwith certify the winning candidate(s).

d) Every political party shall, on September 1 of each year, and every candidate of such political party and every independent candidate shall, not later than thirty days prior to the holding of an election in which he is a candidate, publish and submit to the Elections Commission detailed statements of assets and liabilities. These shall include the enumeration of sources of funds and other assets, plus lists of expenditures. Where the filing of such statements is made in an election year, every political party and independent candidate shall be required to file with the Elections Commissions additional detailed supplementary statements of all funds received and expenditures made by them from the date of filing of the original statements to the date of the elections. Any political party or independent candidate who ceases to function shall publish and submit a final financial statement to the Elections Commission. Except as otherwise provided, a political party or candidate shall be deemed ineligible to contest for public office in Liberia until and unless such statements are filed with the Elections Commission of Liberia consistent with the Elections Laws of the Republic of Liberia.

Article 89: Public Funding: Except as otherwise provided and upon coming into being of these amendments to this Constitution, the Republic of Liberia shall forthwith setaside, account for and remitUS$500,000 (Five Hundred Thousand United States Dollars) to all presidential candidates who meet all requirement of the Election Laws of Liberia and are certified to contest for the office of the Presidency of the Republic of Liberia; except that a presidential candidate who shall so received public funding to support his/her presidential campaign is barred from raising and receiving no more than US$250,000 (United States Two Hundred and Fifty Thousand Dollars) of private funds to support his presidential candidacy. Except as otherwise provided, a candidate for the Presidency of Liberia may waive his/her rights to receive public funding from the Republic and raise as many campaign dollars as he and his party may have the capacity to raise and receive in support of his/her presidential candidacy during an election year; except that no such funds shall be raised or received from trade unions, worker associations or corporations, foreign individual or entities.

Article 90

The Legislature shall by law provide penalties for any violations of the relevant provisions of this Chapter, and shall enact laws and regulations in furtherance thereof not later than July 26 , 2011; provided that such penalties, laws or regulations shall not be inconsistent with any provisions of this Constitution.

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Respectfully written and published by,

Frederick A.B. Jayweh, B.A., LL.B., LL.M.

Counselor-At-Law & Member Liberian National Bar Association (LNBA) And

Executive Director of the Association of Liberian Lawyers in the Americas (ALLA)

And Executive Director Center for Immigrants and Immigration Services (CIIS)

4111 Odessa Street, Suite 2

Denver, CO 80249

E-mail: fjayweh@hotmail.com

Website: www.liberianlawyers.org

Website:www.ciisdenver.org

Phone: 303-355-0611

Phone: 303-656-6057