Chapter 2: Legal Frameworks for Effective Election
Complaints Adjudication Systems
Key Areas for Election Complaints
Although each complaints adjudication system will likely face its own unique
set of challenges, there are several important lessons about the key loci for
election complaints. Specifically, election challenges and complaints often
arise in the following areas:
• Compilation of voter registers. As the foundation of virtually all election management components and Election Day accountability, the accuracy and timeliness of the voter register
often becomes a crucial test point for the legitimacy of an election. As a general rule, laws accommodate a “complaint” process by allowing voters to inspect and verify their proper and
accurate inclusion in a preliminary register. In some contexts,
parties may file objections to the register.
Notwithstanding
normal routines for challenging voter’s lists, registers are often challenged when inaccuracies are perceived as being egregious or widespread. The most common complaints center
on omissions of significant numbers of voters, failure to purge
deceased voters from the lists, insufficient controls over voters who have requested temporary changes to vote at polling
stations other than their own on Election Day, the presence of
duplicate entries, and assignment of voters to incorrect polling
stations. Resolution of deficiencies is commonly relegated to
planning for future elections, and not as a remedy or sanction
for the elections that were just conducted. Challenges need
not always be filed in courts to result in major changes, however. Sometimes the “court of public opinion” is so strong
and widespread to stimulate reforms, and in some countries
has prompted the initiation of a voter registration campaign to
rebuild the registers from scratch.
• Challenges to candidates. At the outset, there should be an
accessible and credible process to allow for challenges to candidates. Some of the main disqualifications include: illegal militia activity; non-residency; having a criminal record; and holding
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