Guidelines for Understanding, Adjudicating,
and Resolving Disputes in Elections
one voter.49 Standing requirements have not been so restrictive with
regard to campaign finance laws enabling access to information about
political speech.50
2. A Clearly Defined Regimen of Election
Standards and Procedures
Appropriate legislative measures must be taken in order to define a legal
right to redress and to adequately implement periodic, free and fair elections.51 These measures must be clearly written and accessible in order to
provide adequate notice and process to individuals, political parties, and
civil society. This substantive body of law must be augmented by codified procedural mechanisms to adjudicate conflicts that arise. However, an
overly complex codification of standards and procedures creates barriers
to addressing election remedies that in turn directly conflict with the basic
principle of universal political participation. In contrast, a system that does
not codify standards and procedures at all allows for arbitrary implementation of complaint mechanisms. Developing clear standards and procedures
governing elections may minimize the likelihood of post-election litigation.52
A defined regime is also the key to avoiding harmful forum shopping. An applicant who wants to allege an irregularity, depending on its nature, will have
to lodge its claim only before a specific entity. This can avoid the scenario
in which claimants bring the same complaint before several forums to try to
obtain the most favorable ruling. Moreover, if several entities have authority
over electoral complaints, clear rules regarding the specific subject matter
jurisdiction of each entity can provide consistency in the interpretation of the
law. For example, the Lebanese complaints adjudication process involves
several entities that share jurisdiction over specific issues. Indeed, three
Wesley v. Collins, 791 F.2d 1255, 1257—58 (6th Cir. 1986).
See, e.g., Fed. Election Comm’n v. Akins, 524 U.S. 11, 18-26 (1998).
51
Violaine Autheman, The Resolution of Disputes Related to Election Results: A Snapshot
of Court Practice in Selected Countries Around the World 6 (IFES Rule of Law Conference
Series, Indonesian Constitutional Court Workshop Paper, February 2004) (“For election disputes to be adequately and effectively resolved, the proper formal court rules, regulations
and procedures must be in place.”), available at http://www.ifes.org/publication/3555a974dd
aed52619f7772358e930af/ConfPaper_Indonesia_FINAL.pdf.
52
Huefner, supra note 25, at 288.
49
50
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