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. 28

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