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 24

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