Guidelines for Understanding, Adjudicating,
and Resolving Disputes in Elections
litical parties should make efforts to mobilize and train voters who will in
turn inform the wider public about the complaint system. Such trainings
on the electoral complaints process by parties could be part of a general
program on voter education, and conflict prevention and resolution tools,
for example. In Timor-Leste, IFES’ program objective was to resolve and
prevent conflicts by improving electoral complaint adjudication in combination with election violence monitoring. IFES educated political parties
and candidates about the contents and potential problems in the election
laws passed in December 2006. Moreover, IFES trained and gave briefing
materials to political parties and candidates on the election complaints
process.273 As a result, the parties and candidates were better equipped to
disseminate relevant information to the general public.
C. Actors with a Technical Role: Electoral Officials,
Lawyers and Arbiters
To provide an effective remedy in case of an electoral irregularity, all the
actors involved in the process of complaints adjudication should understand the electoral complaint adjudication process and their roles within
it. Complaint adjudication processes vary among countries as to the role
or extent of involvement of the judiciary, of the election commission or of
separate complaints adjudication entities.
All the personnel that work in the organization and the conduct of an election, including regional or provincial staff, the investigation team and polling
station workers, should be educated about the complaint process. Moreover, the lawyers are also important actors in the adjudication of a complaint. They should fully understand the law and the procedural rules and
they should clearly explain the process to their client. Whether the adjudication entity is judicial or not, arbiters and judges should also be well versed in
how to apply and interpret the relevant laws in the matter in dispute.
Electoral officials should receive standardized training on complaints
adjudication at all levels of the election administration.274 Some staff
273
274
IFES Timor-Leste Report, supra note 135, at 27.
Venice Commission Code, supra note 44, at 28; Declaration on Elections, supra note 54,
art. 4, § 6 (“[B]allot counting is undertaken by trained personnel, subject to monitoring and/
or impartial verification.”).
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