Liberia’s House of Representatives has amended certain sections of the new elections law of 1986 through 2014, abandoning their earlier plan to have election Magistrates removed and they be made to reapply.
The House’s action on Tuesday, September 13, 2022 during its 11th day special sitting followed a conference committee of both the House and the Liberian Senate with keys recommendations, as Augustine Octavius reports.
The conference committee agreed that candidates’ registration fees for the post of President, Vice President, Representatives, and Senators remain at $5,000 for President, $3,500 for VP, Representative $500 and Senator $750, respectively with no increments.
On the issues of magistrates and executive Director at the National Elections Commission, the conference committee agreed that the appointment of magistrates is purely administrative and should be left with the commissioner.
But the Lawmakers however, want election magistrates to be rotated so as to avoid them getting involved in the county local politics.
Earlier, they had included in their proposed amendment that all election Magistrates be removed and made to reapply, something that sparked intense public outcry and condemnations.
The committee says on Section 4.5(1)(c) of the New Elections Law (1986), as amended through 2014, which reads:
A list of candidates submitted to the commission for an election should endeavor to have no less than thirty percent of the candidates on the list from each gender.
Is hereby amended, as follows: A list of candidates submitted by a political party, coalition or alliance of political parties to the commission for general legislative elections and mid-term senatorial elections shall have no less than thirty percent of the candidates from each gender on the basis of a phased implementation process, as follows:
(i)For the 2023 general legislative elections and the 2026 mid-term senatorial elections, the list of candidates of a political party, coalition or alliance of political parties, which does not have the minimum of thirty percent of the candidates from each gender shall be returned by the commission with the understanding that the defaulting political party, coalition or alliance of political parties may comply with this threshold for gender participation in politics by submitting a new list of candidates within the time published by the commission for submission of list of candidates; which new list of candidates complies with the aforesaid .
The conference committee further agreed that in the event that the defaulting political party, coalition or alliance of political parties fails to submit a new list of candidates which complies with the threshold or re-submits the rejected list of candidates, the commission shall accept the rejected list of candidates or the new list of candidates, which does not comply with the threshold, provided that a fine of US$5,000.00 shall be imposed on the defaulting political party, coalition or alliance of political parties, to be paid into the treasury of the Liberian government and a receipt issued by the Liberia Revenue Authority within five days as of the imposition of the aforesaid fine.
It says failure to timely pay the fine and present a receipt for payment of the fine shall cause the commission to absolutely reject the list of candidates submitted by the defaulting political party, coalition or alliance of political parties.
Within six months as of election day, the defaulting political party, coalition or alliance of political party shall present to the commission a plan and/or program of action intended to incentivize gender participation in elections with the view of complying with the thirty percent minimum threshold of candidates from each gender for every election thereafter; and the commission shall approve such plan and/or program of action for implementation by the defaulting political party, coalition or alliance of political parties.
(ii)For the 2029 legislative elections and for the 2032 mid-term senatorial elections, the list of candidates of a political party, coalition or alliance of political parties, which does not have the minimum of thirty percent of the candidates from each gender shall be returned by the commission with the understanding that the defaulting political party, coalition or alliance of political parties may comply with this threshold for gender participation in politics by submitting a new list of candidates within the time published by the commission for submission of list of candidates; which new list of candidates complies with the aforesaid threshold in the event that the defaulting political party, coalition or alliance of political parties fails to submit a new list of candidates which complies with the threshold or re-submits the rejected list of candidates, the commission shall accept the rejected list of candidates or the new list of candidates, which does not comply with the threshold, provided that a fine of US$10,000.00 shall be imposed on the defaulting political party, coalition or alliance of political parties, to be paid into the treasury of the Liberian government and a receipt issued by the Liberia Revenue Authority within five days as of the imposition of the aforesaid fine.
Failure to timely pay the fine and present a receipt for payment of the fine shall cause the commission to absolutely reject the list of candidates submitted by the defaulting political party, coalition or alliance of political parties.
Within six months as of election day, the defaulting political party, coalition or alliance of political party shall present to the commission a plan and/or program of action intended to incentivize gender participation in elections with the view of complying with the thirty percent minimum threshold of candidates from each gender for every election thereafter; and the commission shall approve such plan and/or program of action for implementation by the defaulting political party, coalition or alliance of political parties.
(iii) For constitutionally scheduled general legislative elections and mid-term senatorial elections subsequent to 2032, in the event that a political party, coalition or alliance of political parties fails to submit list of legislative and senatorial candidates which meet the minimum threshold of thirty percent of each gender, such list of candidates shall be rejected by the commission.
Provided, however, that the defaulting political party, coalition or alliance of political parties may, within the time prescribed by the commission for submission of list of candidates, submit a new list of candidates which comply with the threshold.
(iv) Budgetary appropriation shall be made each year, especially for Election Year, to be jointly administered by the commission, the Inter-Party Consultative Committee and international development partners involved with the electoral process of Liberia for the purpose of investing in programs, projects and activities to incentivize gender participation in politics.