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DE RUEHMV #0763/01 2891324
ZNR UUUUU ZZH
R 161324Z OCT 09
FM AMEMBASSY MONROVIA
TO RUEHC/SECSTATE WASHDC 1409
INFO RUEHZK/ECOWAS COLLECTIVE

UNCLAS SECTION 01 OF 02 MONROVIA 000763 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM KDEM SOCI LI
SUBJECT: LEGISLATURE SENDS ELECTORAL REFORM AMENDMENTS TO EXECUTIVE 
MANSION 
 
SENSITIVE BUT UNCLASSIFIED.  NOT FOR INTERNET DISTRIBUTION. 
 
¶1. (SBU) SUMMARY. The National Legislature has passed a 
constitutional amendment law that sets in motion reforms needed 
before the 2011 elections.  The "Electoral Reform Law" was drafted 
with input from the law reform commission and civil society.  It 
seeks to amend sections of the Liberian constitution relevant to the 
holding of free and fair elections in a national referendum.  The 
measure retains the controversial ten-year residency clause for 
presidential candidates, reduces the presidential term of office 
from six to five years, calls for the election of mayors rather than 
their presidential appointment, affects the formation of political 
parties, moves election day from October to November, and mandates 
that all electoral contests except the presidential and vice 
presidential be won by a simple majority.  Retention of the ten-year 
residency clause could affect a possible re-election run by 
President Sirleaf and result in a Supreme Court challenge.  If 
signed by the President, the recommended constitutional changes 
require popular approval in a national referendum.  END SUMMARY. 
 
THE ROOT OF IT ALL 
------------------ 
 
¶2. (U) President Sirleaf established a law reform commission in June 
2009 composed of civil society organizations, political parties and 
other stakeholders.  This body was charged with completing a 
comprehensive review of the existing constitution and legal 
framework and charged with suggesting reforms.  The group advised 
the Legislature on the drafting of an electoral reform bill.  While 
a general constitutional review continues, the proposed electoral 
reforms result from a priority focus on enacting changes needed to 
ensure a successful general election in 2011. 
 
¶3. (U) The resulting "Electoral Reform Law" was approved by the 
Senate in a September 28 voice vote, following passage by the House 
of Representatives on September 22.  If the measure is signed by 
President Sirleaf, its recommendations will need approval in a 
national referendum, which shall take place and come into effect not 
sooner than one year after the Legislature passes any constitutional 
amendment law (i.e. fall 2010). 
 
PRESIDENT/VICE PRESIDENT AFFECTED 
--------------------------------- 
 
¶4. (SBU) Amendment of Article 50 of the constitution seeks to reduce 
the presidential term from six years to five, while maintaining a 
two term limit.  Article 52(c) is modified to read, "No person shall 
be eligible to hold the office of President or Vice President, 
unless that person is domiciled in the Republic for ten years 
immediately prior to his election."  This could scupper a 
re-election bid by President Sirleaf or any other contender who fled 
during the civil war.  If the amendment is approved, the Supreme 
Court will almost certainly end up being asked to decide whether or 
not "domiciled" means physically present in-country. 
 
ELECTED MAYORS 
-------------- 
 
¶5. (U) The bill further recommends the amending of Article 56(b) to 
allow for the local election of mayors, in addition to the already 
elected paramount, clan and town chiefs.  Mayors are currently 
appointed by the President and can only be removed by presidential 
action.  This amendment, which devolves more power to the local 
level and is called for in the 2003 Comprehensive Peace Agreement, 
also empowers local councils to remove elected mayors.  It 
represents a positive step toward decentralization and the 
enhancement of local institutions. 
 
POLITICAL PARTY FORMATION RULES TIGHTENED 
----------------------------------------- 
 
¶6. (U) At present, political party formation in Liberia is 
relatively easy.  Article 78 of the constitution allows a party to 
be formed with "five hundred qualified voters in each of at least 
six counties."  The bill amends the constitution to require a new 
political party seeking registration with the National Elections 
Commission to "have 10,000 qualified voters in at least ten 
counties."  This measure would cut the high number of political 
parties that exist as vehicles for a particular personality rather 
than as a coalition of like-minded individuals. 
 
ELECTION DAY MOVED TO DRY SEASON 
-------------------------------- 
 
¶7. (U) The amending of Article 83(a) of the constitution would move 
Liberia's election day from the second Tuesday in October to the 
first Tuesday in November of an election year.  Roads in rural 
Liberia are usually impassable in October due to rain.  This makes 
transport of election supplies difficult and also results in lower 
voter turnout.  The transition of power will continue to take place 
the January following the elections. 
 
MONROVIA 00000763  002 OF 002 
 
 
 
FEWER RUNOFFS, MORE SAVINGS 
--------------------------- 
 
¶8. (U) The final amendment is aimed at cutting election-related 
costs.  Article 83(b) of the constitution says that election of all 
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 is mandated with the participation of 
the two candidates who received the greatest number of votes on the 
first ballot.  The high number of political parties in Liberia 
results in large numbers of candidates for office, guaranteeing that 
most winners are decided in a subsequent runoff vote.  In the 
amended article, all electoral contests will decided by a simple 
majority of votes cast, except for the presidential and vice 
presidential races.  Election of the president and vice president 
will continue to require a runoff between the two highest 
vote-getters if no candidate obtains an absolute majority of votes 
in first round balloting. 
 
SOMETHING'S MISSING 
------------------- 
 
¶9. (SBU) The most significant item missing from the electoral reform 
law is the reduction in senatorial terms called for by the law 
reform commission.  The Senate successfully fought off an amendment 
that would have made all senatorial terms seven years instead of 
nine years and erased the distinction between senior and junior 
senators.  (NOTE.  Only one Senate race is held in each county. 
Senior senators are the highest vote recipients and will serve a 
nine year term.  Junior senators received the second largest number 
of votes.  The electoral reforms put in place for the 2005 election 
limited junior senators to seven year terms.  END NOTE.) 
 
¶10. (SBU) COMMENT.  Most of Liberia's laws are in dire need of 
reform in a thorough, well-considered review process.  We expect the 
law reform commission to make further recommendations in the coming 
months.  The changes proposed in the Electoral Reform law were 
pushed out quickly due to the pressing need to have reforms meant to 
address electoral problems well in advance of the 2011 elections. 
Most of the amendments, such as the election of mayors, are 
positive.  Sirleaf has not yet reacted to the electoral law.  While 
she called for many of the changes listed in this bill, the 10-year 
domicile requirement is likely a move by her opponents in the 
Legislature to limit her chances of re-election.  However, she may 
be inclined to sign the bill and hope for a favorable interpretation 
of the meaning of domicile by the Supreme Court.  END COMMENT. 
 
ROBINSON