Duplicated vote count provides exit for election
impasse
Legal experts ask why Gabriel Murr wasnt declared
winner earlier Maha Al-Azar
Daily Star staff
The impasse created by the controversial Metn by-election
results may have ended due to the discovery of a duplication error in vote counts in
favor of opposition candidate Gabriel Murr, after earlier reports proclaimed pro-regime
candidate Myrna Murr a winner.
But an examination of vote count reports has prompted legal experts to question why
Gabriel Murr was not announced a winner from the start.
On Wednesday, Interior Minister Elias Murr announced his ministry had reviewed vote
tabulation committee reports and found that one polling stations results were
recorded twice. Eliminating one would make Gabriel Murr the winner.
The Daily Star obtained from the Interior Ministry copies of all reports issued by the
first-level tabulation committees and the Higher Vote Tabulation Committee, which verifies
first-level committee reports and issues a final report with each candidates tally
for the Interior Ministry. First-level tabulation committees examine documents and reports
of ballots made by polling station heads, correcting any mistakes.
The Interior Ministry received three reports from the higher committee, prompting many to
suggest that the committee was being pressured by the authorities.
It is clear that there was interference and that the Interior Ministry was not
neutral in the elections, said Nisrin Mansour, executive director of the Lebanese
Association for Democratic Elections (LADE).
The first report made Gabriel Murr the winner by including a previously eliminated ballot
box in Hemlaya, pointing out that the entire box should not have been canceled because it
contained one defective ballot. Instead, only the defective ballot an extra empty
envelope should have been canceled.
As a result of the correction, Gabriel Murr earned an additional 149 votes and Myrna Murr
131, thus placing Gabriel Murr ahead by three votes.
The second report gave the option of announcing either candidate victorious based on two
different calculations, one including the Hemlaya ballots and another excluding them; and
a third report accepted the first-level tabulation committees report, the
calculations of which placed Myrna Murr ahead of Gabriel Murr by 15 votes because the
Hemlaya ballot box was eliminated.
Legal expert Edmond Naim said the ministry should have accepted the higher
committees first report and announced Gabriel Murrs victory.
Mansour agreed, adding that the Election Law stipulated that a higher committees
report was final but could be challenged by the losing party before the Constitutional
Council.
Naim invalidated Minister Murrs claim that the higher committees only task was
to verify calculations of the first-level committees.
Minister Murr argued during a news conference Wednesday that the higher committee had no
authority to include the Hemlaya ballot box after the first-level committees excluded it.
Of course the higher committee can look into legal violations as well as calculation
mistakes, Naim said.
It is absolutely not feasible that a Higher Tabulation Committee which is composed
of three judges would be simply tasked with secretarial work of counting and
calculating, said a former Constitutional Council member. If the committee
sees a mistake that needs redressing, of course it has the authority to do so.
The duplication error discovered by the ministry was also considered a political
exit out of the impasse by all candidates: winners and losers.
It was not the Interior Ministrys job to review the tabulations made by the
various tabulation committees, said a source close to Myrna Murr. Its
the duty of the Higher Vote Tabulation Committee.
The Interior Ministrys only task is to announce the results sent to it by the
Higher Vote Tabulation Committee, he added.
Naim disagreed: If the interior minister had not redressed this blatant calculation
error, he would have been committing a crime of falsification.
The higher committee has to fix this blatant calculation mistake and any others it
might find, he added, dismissing reports that the committee could choose not to
incorporate the ministrys corrections.
Gabriel Murr also alluded to political meddling in tabulation committee results, and
sources close to third candidate Ghassan Mokheiber also considered the discovery of the
duplication a political exit, insinuating that the error may have been created
as a solution to the impasse.
A copy of the sheet containing the duplication error showed that the results for polling
station 271 in Qaqour, near Baabdat, were recorded twice, once in the middle of the sheet
and a second time as the last record on the sheet.
Interior Ministry director-general Atallah Ghasham reportedly spent a sleepless night with
his team going over the tabulation results of some 345 polling stations. When asked how
and at what time the error was discovered, a source close to the team said: At the
appropriate time.
Although the Interior Ministry announced Wednesday it had discovered a duplication error
in favor of Gabriel Murr, it has still not officially announced his victory.
A source close to the Higher Vote Tabulation Committee told The Daily Star on Friday that
the reason for the delay was that the ministry had not sent the official vote count
reports to the committee before Friday afternoon.
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