Liberia NEC: Non-Compliance Constitutes Election Law Violations

• Liberia's NEC Commissioner Cllr. Ernestine Morgan Awa warned that violations of electoral security and media procedures are legal breaches.
• These violations are punishable under Sections 10.2 to 10.10 of the Elections Law.
• The revised Media and Security Standard Operating Procedures (SOPs) define clear roles for security, media, and the NEC.
• Security operations are guided by five principles, with the Liberia National Police designated as the lead agency.
• Media must report responsibly, prevent misinformation, and avoid premature declarations of election results.

Any departure from the established operating procedures is not merely a minor irregularity but a direct legal breach.

National Elections Commission (NEC) Commissioner Cllr. Ernestine Morgan Awa recently issued a stern warning, emphasizing that any non-compliance with established electoral security and media protocols constitutes significant Liberia NEC election law violations. These infractions are not merely procedural oversights but legal breaches that will incur penalties under the nation's election statutes. Her remarks were delivered during a crucial validation workshop focused on the updated Media and Security Standard Operating Procedures (SOPs) for upcoming elections.

Commissioner Awa explicitly clarified the distinct roles of key stakeholders in the electoral process. She articulated that security forces are tasked with safeguarding the integrity of the vote, not influencing its direction. Similarly, the media's role is to inform the electorate, not to tabulate results. The ultimate authority for owning and declaring election outcomes rests solely with the NEC. This clear delineation of responsibilities aims to prevent confusion and maintain the impartiality essential for democratic processes.

The framework governing electoral security and media conduct in Liberia is deeply rooted in several foundational legal instruments. These include the 1986 Constitution, the comprehensive New Elections Law, and the Liberia National Police Act of 2015, alongside other pertinent legal provisions. This robust legal structure provides the basis for the revised SOPs and the enforcement actions the NEC is prepared to take against non-compliance.

Specific guidelines for election security operations are built upon five core principles designed to ensure order and fairness. These principles encompass unified command among security entities, coordinated deployment strategies, strict restrictions on weapons, diligent protection of all electoral materials, and unwavering institutional impartiality and accountability. The Liberia National Police holds the primary responsibility as the lead security agency during elections, working in concert with other security organizations to uphold public order and safeguard the electoral process from start to finish. These measures are critical for maintaining the integrity of the vote and public confidence.

For media organizations and journalists covering elections, Commissioner Awa highlighted several critical operational standards. These include ensuring equitable access for all parties, engaging in responsible reporting practices, adhering to accreditation requirements, and actively working to prevent the spread of electoral misinformation. These standards are paramount to fostering an informed electorate and preventing undue influence on public opinion.

A significant warning was issued regarding the premature announcement of election results. The NEC maintains that it is the sole legal authority empowered to certify and officially declare election outcomes. While journalists are permitted to report figures publicly displayed at polling places, such reports must explicitly state that these results are unofficial and partial, pending the NEC's final certification. This distinction is vital to avoid confusion and uphold the official process.

Commissioner Awa unequivocally stated that any departure from the established operating procedures is not merely a minor irregularity but a direct legal breach. Such infractions are subject to punitive measures as outlined in Sections 10.2 to 10.10 of the Elections Law. This firm stance underscores the gravity with which the NEC views adherence to these regulations.

The National Elections Commission has reaffirmed its unwavering commitment to rigorously enforcing these procedures across all 15 counties and 73 electoral districts throughout Liberia. This comprehensive enforcement strategy is aimed at guaranteeing that all elections are conducted in a manner that is credible, transparent, and peaceful, thereby upholding the democratic principles of the nation. Lawyers advising political parties, media organizations, or security personnel involved in Liberian elections must be aware of the revised Media and Security Standard Operating Procedures and the NEC's commitment to enforcing legal penalties for non-compliance, particularly under Sections 10.2 to 10.10 of the Elections Law. Compliance officers should review internal protocols to align with these procedures to mitigate legal exposure.

Lawyers advising political parties, media organizations, or security personnel involved in Liberian elections must be aware of the revised Media and Security Standard Operating Procedures and the NEC's commitment to enforcing legal penalties for non-compliance, particularly under Sections 10.2 to 10.10 of the Elections Law. Compliance officers should review internal protocols to align with these procedures to mitigate legal exposure.

Source: Original reporting via New Dawn