MONROVIA – The Board of Commissioners of the National Elections Commission (NEC) has ruled that the Coalition for Democratic Change (CDC) had no legal standing to conduct primary in Maryland County where they selected James Biney as the coalition’s senatorial candidate for the December 8 Special Senatorial Election.
Senator Dan Morais of the National Patriotic Party (NPP) a constituent member of the CDC contested the CDC primary in the County before the NEC, claiming that the process was a deviation of the agreement that formed the Coalition.
He called for the interpretation of the coalition agreement that the Congress for Democratic Change (CDC), the National Patriotic Party (LPDP), the National Patriotic Party (NPP) submitted to the NEC in connection with their request for coalition status.
The NEC Board’s ruling comes as final ruling after the NEC Investigative Board had ruled into the matter.
In his complaint, Sen. Morais stated that the coalition’s agreement that the three political parties submitted to the NEC has an incumbency clause that provides that a party to the agreement with seat(s) in the House of Representatives and/or the Senate shall reserve the right of nomination of the seat(s).
Sen. Morais contended that pursuant to the agreement, the right to nominate a candidate to run for the Maryland County Senatorial seat that he currently occupies belongs to the NPP.
The NPP, relying on the agreement of the Coalition, had through its Maryland County chapter nominated Sen. Morais to re-contest the Coalition’s ticket in the December 8 senatorial elections.
However, the CDC argued that Sen. Morais has not over the years supported the cause of the Coalition and therefore does not deserve the support of the Coalition the upcoming election.
“As per the said coalition agreement, the right to nominate a candidate to contest the December 8, 2020 Special Senatorial Election in Maryland County on the Coalition’s ticket belongs solely to the National Patriotic Party (NPP), using its internal party rules/procedures. AND IT IS HEREBY SO ORDERED.”
– NEC Board of Commissioners’ Ruling
The CDC argued that its governing council which is the highest decision-making body in the Coalition on February 29, 2020 adopted a net set of guidelines that call on members of the Coalition constituent parties wishing to contest the December 8 senatorial election to submit themselves to a primary process under the umbrella of the Coalition.
However, the NEC Board having cited several provisions of the agreement, the elections law and the Constitution averred that, “We conclude that the agreement informs that if a constituent party to the Coalition has a sitting Representative or Senator in the National Legislature and that the legislative seat is up for election, the right to nominate a candidate to contest the said election on the Coalition’s ticket belongs solely to the that party”.
The Board further averred that the Sen. Morais being the incumbent was elected in the 54th Legislature on the NPP’s ticket in 2011 to represent Maryland County for nine years and on the basis of being a member of the NPP, the Coalition grants the NPP the right to nominate a candidate for the seat in the December 8 election.