(3) An impartial and informed arbiter. The recognition of the universal importance of an
impartial and informed arbiter is particularly relevant when it is applied to election complaints,
which are generally both politically sensitive and controversial.
(4) A system that judicially expedites decisions whilst safeguarding proceedings.
This standard speaks to the importance of expeditiousness in complaint proceedings because
the legitimacy of the government may rest on the validity of election results. The importance
of timing is widely recognised in international conventions and treaties, even though the
language employed in national legislation may vary.
(5) Established burdens of proof and standards of evidence. This standard concerns a
fair burden of proof and standards of evidence that must be established and known well in
advance (of a complaint) to guarantee predictabillity, since the parties involved will have notice
and a reasonable understanding of what will be required of each side in order to resolve the
matter.
(6) Availability of meaningful and effective remedies. Remedies must be enforceable,
timely, and effective.
(7) Effective education of stakeholders. Trust is a key element in an effective electoral
process, which is why this standard requires training (delivered by the state) for participants
in elections, as well as civic and educational programmes, to ensure the broadest public are
aware of electoral rights and procedures.
There are four key principles for a credible electoral dispute resolution system. This
list is not exhaustive, nor can these principles be used to examine each aspect of electoral
dispute resolution. Rather, they are internationally acceptable elements that ought to be
included in national systems. The principles are fairness, efficiency, effectiveness, and
transparency.4
Figure 3.2. Visual representation of the principles underlying a credible electoral dispute resolution
process
Fairness
Efficiency
Effectiveness
Transparency
A credible electoral dispute
resolution process
IFES, Elections on Trial – The Effective Management of Election Disputes and Violations (2018), International Foundation
for Electoral Systems, Arlington.
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