Chapter 3: Complaints Adjudication Training for Election Management Bodies and Political Parties There is also the unrealistic expectation that if the complainant prevails, the results will have to be overturned, or that an election will be repeated in whole or in part. In the vast majority of cases, neither of these scenarios is likely. In the end, many of the remedies available have no effects whatsoever on the aggrieved party filing the complaint. Those filing complaints often fail to understand or distinguish among the types of violations and the different courses of remedial action that may be attributed to them. In cases involving criminal violations, a prison sentence or fine may be imposed on the perpetrator, but such a remedy does not provide any specific benefit to the party or candidate filing the complaint. Campaign violations may result in a sanction against a political party or a broadcaster without any appreciable satisfaction or effect on the status of the complainant. Often, complaints are filed regarding the decisions or actions of an EMB or an act or failure to act on the part of an EMB member. These complaints frequently relate to a failure to adhere to procedural details. Even where such failures on the part of election administrators are substantiated, they are not usually considered overriding in comparison to the rights of the voters to express their will. The conventional wisdom is that voters should not be disenfranchised because officials fail to observe procedures contemplated in a statute. Often, administrative remedies may be possible. Reconsideration of a denied candidate’s registration documents may result in the overturning of a decision to reject the candidate, for example. An appeal related to the omission of a person’s name from the voter list can usually be rectified. The failure of an independent candidate to provide a sufficient number of signatures on a nominating petition can be overcome if the laws or regulations provide a period of time for the candidate to resolve the deficiency. Administrative remedies should always be pursued to avoid further litigation. Laws of different countries vary significantly in their treatment of challenged results. In some jurisdictions, central EMBs are authorized to nullify results at a polling station independently based on their own internal audit procedures, or based on a complaint. In these contexts the law is usually quite specific with regard to the conditions that will prompt a recount of the votes for the relevant polling station, when votes are to be excluded 153