This consideration is particularly important given the fact that
Administration of electoral justice
the REC is not able to initiate an electoral dispute
on Election Day depends on the
even if the minutes of a polling board actually do
causal link between
formally made objections
contain allegations of an infringement that may affect
and protests shown in
the outcome of the voting and carry legal
polling board minutes.
consequences, but no voter has formally filed an
objection. This principle has been confirmed by the Supreme Court of Serbia, which ruled in
a judgment that minutes can contain protests that do not qualify as objections that the
REC can review on its own initiative, and that the REC is required to review and rule on all
objections filed in due time’.34 In other words, this view and the exceptionally narrow
interpretation of the rules means that poling board members can follow procedure and act in
good faith to include in the minutes any and all protests of relevance for the course and results
of voting, but that these must be accompanied by formal objections filed by voters (or other
parties authorized to object) if they are to be taken into consideration. Since administration
of electoral justice on Election Day actually depends on the causal link between formally
made objections and protests shown in polling board minutes, at least four
conclusions ought to be drawn here: (1) voters should be targeted by a broad-based
general awareness-raising campaign on electoral justice; (2) polling board
members should be educated about the importance of entering all protests and
objections into the minutes of the polling board; (3) the polling board minutes form
should clearly distinguish between protests (less serious infringements that do not carry legal
consequences) and objections (serious violations that do have consequences in law); and (4)
there should be clear definition of the ability of electoral commissions to initiate
electoral disputes on their own initiative pursuant to objections entered into
polling board minutes.
Figure 4.1.2.1.1. Suggestion for improving electoral dispute resolution by electoral commissions
Objection
Broad-based, general voter
awareness-raising campaign
Amendment of
secondary legislation
Distinguishing between minor
and major infringements when
completing polling board
minutes
Efficient and fair
dispute resolution
process
34
Appropriate
completion of polling
board minutes
Training for polling board
members
Amendment of
primary legislation
Electoral commission allowed to
review objections in minutes sua
sponte, without voters having to
object specifically
Judgment of the Supreme Court of Serbia No. Už 95/02 of 9 October 2002.
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