Chapter 2: Legal Frameworks for Effective Election Complaints Adjudication Systems √ Time limits: The law, regulations or procedural rules must establish time limits for submitting a challenge or complaint. Regarding the submission of complaints of offenses or violations, a short time limit of 24, 48 or 72 hours after the offense or violation was witnessed is sufficient. There is no need to allow time for a political decision to be made on whether to file a complaint. The question of time limits to which the election complaints authority must adhere is problematic. A limit of five or even fifteen days after receiving the complaint may result in the decision being abandoned, and encourage delay by the accused. Critical complaints may well involve complicated investigation. Speed is important, but not at the price of justice. √ Reasonable sanctions: The election complaints authority must have the power to apply sanctions that are established by law; are reasonable; are proportional to the offense; are varied in range to meet different circumstances; are applied consistently; are not unduly limited by minima that remove discretion; include sanctions that are useful in cases where punitive action is suitable and also corrective, where possible; include disqualification of candidates or dismissal of elections staff for serious offenses; include a referral for criminal prosecution; and if applied, do not exclude additional punishment for included crimes on prosecution. √ Publication of proper records: A summary of decisions taken should be issued on a regular basis during the challenges and complaints periods. This greatly adds to the credibility of the process. On the other hand, expectations must be managed. As soon as time permits, a full report should be published, including the details of the more critical decisions. This is a task that the staff can complete for approval by the members, after final results. 21 For an example of establishing legislation, see Ley Orgánica del Poder Judicial de la Federación [L.O.P.J.F.] [Federal Judicial Branch Law], as amended, art. 186, Diario Oficial de la Federación [D.O.], 26 de Mayo de 1995 (Mex.) (establishing TEPJF); Constitución Política de los Estados Unidos Mexicanos [Const.], as amended, arts. 41, 60 & 99, Diaro Oficial de la Federación [D.O.], 5 de Febrero de 1917 (Mex.) (describing the constitutional powers and duties of the federal electoral tribunal). 129