Guidelines for Understanding, Adjudicating,
and Resolving Disputes in Elections
requires an enormous commitment of resources and political will that
very few countries can make. This system is covered in greater detail in
Chapters 4 and 5 of this book.
Recommendation Checklist
A central theme in establishing or improving systems for election complaints adjudication is the importance of recognizing the varying nature and
seriousness of different types of complaints and disputes arising from elections. An effective complaints adjudication system must develop flexibility
in its use of institutions and procedures to adjudicate this variety of election
grievances and to impose penalties and sanctions. This chapter has emphasized (and country examples have illustrated) the need for mechanisms to
fit the particular cultural, political and legal traditions of each country.
The following checklist presents key issues for practitioners to consider
when developing or reviewing legal and administrative frameworks for
complaints adjudication:
√ Election complaints body formation: The election complaints adjudication body is usually referred to as a Complaints Commission,
Tribunal, Court, Panel or other name that reflects its quasi-judicial
character. The choice of name should reflect the way the terms are
used and understood locally. Occasionally, complaints are handled
by the EMB itself. The legislation establishing the complaints body
must also specify the number, method of appointment and term of
its members, its independence, jurisdiction and powers.21
√ Clear jurisdiction: The establishing legislation for the election
complaints adjudication body should be clear and should define the
following: standing; the required burden of proof for complaints
and the nature and sufficiency of evidence; and the jurisdiction of
the bodies handling various aspects of the elections process.
√ Independence: The appearance and reality of independence of an
election complaints authority derives from the provisions of the
126