Guidelines for Understanding, Adjudicating, and Resolving Disputes in Elections Characteristics of Successful Complaints Adjudication Systems A. Structure and Flexibility The type and variety of election-related complaints and challenges have practical consequences for a well-designed adjudication system. Different types of electoral grievances — depending upon their nature, seriousness, timing, location and other factors — may necessitate the use of different institutions along with distinct rules, processes, timeframes or levels of decision-making authority. As in the exercise of all judicial and quasijudicial powers in a society, election complaints adjudication mechanisms should be appropriate and adaptable to the characteristics of the matter being decided. As noted above, the provision of administrative remedies to certain election-related complaints may alleviate some of the burden on complaints adjudication systems. The need for complaints to be resolved at the highest levels of the election management body or complaints commission may be mitigated by administrative actions taken to resolve issues as they occur. Care must be taken to construct a system that utilizes institutional resources to adjudicate a wide range of election-related complaints and disputes in an effective, impartial and rapid manner. Experience shows that implementation can sometimes strain a complaints adjudication system in advanced democracies. When creating or improving these systems in developing democracies, a multi-faceted approach will likely be needed, with the goal of producing a system that is neither too complex nor too simple to accommodate a variety of election grievances. Implementation problems must be anticipated and legal processes carefully crafted to accommodate a country’s unique cultural and political circumstances. B. Fairness and Timeliness Election cases involve a difficult combination of two important elements. First are the fundamental rights of democratic participation. These include the rights to: associate politically through a political party; seek office as 108