Guidelines for Understanding, Adjudicating,
and Resolving Disputes in Elections
challenge the election’s results; however, this training session is meant
to convey merely the essential level of knowledge needed to initiate or
survive the complaint process, not how to determine whether to engage in it at all. A separate training program detailing political concerns
throughout the election cycle may be an attractive option to the parties
in attendance.
Conclusion
A. General Lessons Learned
Elections worldwide are becoming more and more litigious. In countries
where complaints adjudication processes are still evolving, the number
of complaints and challenges filed tends to far exceed the number of
cases that are actually heard and acted upon resulting in some kind of
remedy. Many are dismissed on technical grounds, on the basis that
they were submitted to the wrong authoritative body, or on the basis
that they were not submitted on time. There are also those unfortunate trends involving submissions of frivolous cases which are politically
motivated and intended to cloud the election process and impede the
certification of results.
The nature of the remedies that can be expected in the event that the
adjudication body rules in favor of the complainant is often misunderstood
by complainants. Too often complaints are filed by stakeholders who believe that the violation they are reporting must have affected the results,
without an understanding that proving that causality is often extremely
difficult. It would be difficult to prove that the results were affected, for example, because poll workers failed to consistently ensure that family voting was prevented, or that some voters appeared to have been allowed to
vote without showing identification. Likewise, the actual effect of certain
campaign violations on the election outcome is impossible to prove with
any degree of certainty. It may be a fact that the political posters were
vandalized, for example, but demonstrating the effect of such vandalism
on the outcome of an election is almost impossible to discern with any
degree of legal certainty.
152