Election Investigations Guidebook
tion process. For example, while there are no strict legal requirements for the
timeline of an investigation, the Australian Electoral Commission’s objective
is to resolve complaints within 10 working days.103 Because the resolution of
electoral disputes requires prompt decisions and actions, the procedures and
timelines should differ in speed and complexity from those provided for general civil disputes or criminal cases.104 While the resolution of most election
disputes and complaints requires a compressed timetable,105 reconciling the
seriousness of election-related grievances and the pressure for investigative
bodies to act quickly is difficult in practice. Abbreviated timelines may undermine the investigative process. For instance, South Africa’s Electoral Court, in
Mvelase v. Electoral Commission, found that “[in] the best of times…investigation cannot be completed within the narrow limit of three days” prescribed
for the Independent Election Commission.106 In Kenya, the Supreme Court has
noted that additional time is needed for presidential election petitions in case
certain verification exercises—such as a vote recount or scrutiny process—are
required. This challenge leads to questioning the purpose of such deadlines if
they cannot be reasonably followed. The requirement for prompt resolution
is a significant challenge because it involves critical consideration of the
efficiency of the investigation and the complicated relationships between
investigative, electoral administration, and dispute resolution bodies.
States should establish reasonable deadlines and timetables for investigations within the electoral legal framework.107 A reasonable timeframe for
an investigative process in an election case depends, among other things, on
the circumstances of the case, the conduct of parties and authorities, and the
interests at stake. These interests may include recovery and preservation of
evidence and witness statements and the timetables prescribed by election
103 Australian Election Complaints Management Policy, supra note 8 (“We aim to provide a response to all complaints within
ten working days, unless we have informed the complainant it will take longer.”).
104 Denis Petit, OSCE Office of Democratic Insts. & Human Rights, Resolving Election Disputes in the OSCE Area: Towards a
Standard Election Dispute Monitoring System 11 (2000), http://www.osce.org/odihr/elections/17567.
105 Robert Dahl, Electoral Complaint Adjudication and Dispute Resolution: Key Issues and Guiding Principles, Remarks at
the 2008 General Assembly of the Association of Asian Election Authorities (July 22, 2008)
106 Myelase and Another v. Electoral Commission and Others 2009 (1) ZAEC 2 (S. Afr.) (The regulatory framework requires the
Independent Election Commission to consider and decide upon election objections within three days of receipt. The commission must either (i) reject the objection; (ii) amend the declared result of the election; or (ii) rescind the declared result of the
election.); see Electoral Commission Act 51 of 1996 § 65(4) (S. Afr.).
107
52
Griffith & Carr, supra note 96, at 379.