Guidelines for Understanding, Adjudicating,
and Resolving Disputes in Elections
ing for the trust and support of the voters of their communities. For each of
them, there is a great deal invested in the outcome of the election.
When irregularities arise in the election, a political party has a vested interest in ensuring that these irregularities did not taint the results. The filing
of complaints is a common response. Sometimes frustrations stem from
unrealistic expectations, and a failure to fully understand the complaints
resolution process and their rights and obligations relative to it.
For a party to fulfill this function effectively, training may need to be provided. The following materials are designed to detail challenges that may
be faced and a program format that may be utilized in such training for
political parties.
B. Challenges
i. Untested or under-developed election complaint laws
Under-developed elections complaint laws and regulations pose a significant problem for design of training programs, as the substance needed for
the training will be woefully inadequate or missing. Organizers may feel
the need to infer the necessary steps taken to successfully carry forth a
challenge. It is critical that all such interpretive opinions offered are clearly
prefaced as such. A related scenario emerges when the law is clearly written, but it has not been thoroughly tested in practice. In this situation there
is a possibility that the legislature left gaps that require an interpretation or
opinion by the judiciary, thus lending less predictability to the outcome. On
some occasions, the written law and traditional practices do not fully mesh,
thus leading to confusion in regards to the proper avenues to pursue full
adjudication (for a salient example of this issue, see the Philippines case
study in Chapter 4: Case Studies Related to Training of Arbiters in Election
Complaints). These circumstances must be accommodated very carefully
in considering how to approach them during the training and in any written
materials that are distributed. It is critically important that the organizer of
the training is not perceived as offering legal advice. At every instance,
participants should be reminded that they should seek appropriate legal
counsel and a pre-scripted disclaimer should be included not only in the
oral presentation, but also in all written materials distributed to participants.
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