Chapter 2: Legal Frameworks for Effective Election Complaints Adjudication Systems derstanding of rules and procedures, and public confidence in the fairness and openness of the adjudicative process, are fundamental to assuring widespread acceptance of the legitimacy of the outcomes of elections (for more information on the role of civic education in the complaints adjudication process, see Chapter 5: Approaches to Voter Education and the Role of Civil Society). Penalties and sanctions for violations of electoral laws should be reasonable and proportionate to the seriousness of the offense and to the culpability of the offender (mistake, negligence, deliberate or repeated misconduct). Punishment for equivalent electoral offenses should be consistent; penalties and sanctions should not be dispensed in an arbitrary or biased manner. As noted above, distinctions should be drawn between serious offenses that genuinely deserve being treated as criminal violations and others that could more fairly be considered (and efficiently handled) as administrative in nature. Political sanctions imposed upon political parties and candidates may be an effective method of punishment for and deterrence of flagrantly improper conduct. These types of sanctions (such as suspension of campaigning, decertification of candidates, disqualification of parties from competing in elections or, at the extreme, dissolution of political parties) are often repugnant to the political establishment in emerging democracies, however. Political sanctions also carry a risk of arbitrary enforcement and political manipulation if election authorities or courts are under partisan influence. Thus, political sanctions should not be abused. Citizens should not be denied their freedom to associate in political parties or other organizations for political advocacy. They should not be prevented from choosing political leaders or proposing candidates for election that they prefer. These freedoms should only be limited in exceptional circumstances that threaten the fundamental integrity of the election process or of public safety and order. Nevertheless, political sanctions serve as a valuable intermediary punishment between administrative penalties and criminal prosecution. Allegations of criminal violations are often directed to local police and prosecutors, or forwarded to those officials by EMBs. It is preferable, however, for a record of such complaints to be first (or also) made at the appropriate EMB 103