Category: 2023 Dissenting Opinions

UNITY PARTY V. NEC-Violation of Section 4.1(2) of Elections Law (1)a2 (2) (10/05/2023) 0

UNITY PARTY V. NEC-Violation of Section 4.1(2) of Elections Law (1)a2 (2) (10/05/2023)

The Court has held that the function of the Judiciary is to interpret the law as it is written. This Court has been called upon by the Unity Party, appellant, to determine whether the National Elections Commission (NEC), appellee has violated Chapter 4, entitled “Conduct of Elections”, particularly Section 4.1(2) with respect to the number of registered voters in a precinct. Section 4.1 (2) of the New Elections Law as amended in 2016 reads:

“The number of registered voters in every precinct shall be approximately equal, and unless the Commission in any particular case so determines, the number of registered voters in any precinct shall not exceed three thousand (3000).”

The Unity Party complained to the NEC that 93 voting precincts in nine counties constituting