Chapter 1: International Standards
kinds of bodies in the electoral administration have authority to receive and
process complaints: the Ministry of Interior and Municipalities, the Supervisory Commission on the Electoral Campaign, and the Registration Committees and Higher Registration Committees. Moreover, the Electoral Courts
also handle electoral matters and follow their usual process to determine
their subject matter jurisdiction (State Council, Court of Publication, Constitutional Council and Military Court).53 This creates obvious confusion for the
challengers. There is a clear need for uniformity and clarity in the law when
dealing with electoral complaint adjudication.
A. Codification
An effective electoral complaint mechanism will codify both the structural
framework for adjudicating conflicts, as well as the specific procedural
guidelines for stakeholders operating within that framework. Codification
of substantive election law is essential for actors to bring claims in the
event of irregularities. Thus, a complaint adjudication system can only
function properly if it works in tandem with a clearly defined body of
electoral laws, regulations and rules of procedures. International bodies
have recognized the importance of starting the complaint process from a
clear, accessible body of law. In the 1994 Declaration on Criteria for Free
and Fair Elections, the Inter-Parliamentary Council of the International Organization of Parliaments set out a comprehensive list of legislative and
administrative guidelines in order to best ensure fair conflict resolution.54
The Council held that states should “establish an effective, impartial and
non-discriminatory procedure for the registration of voters . . . clear criteria
for the registration of voters, such as age, citizenship and residence,” and
“provide for the formation and free functioning of political parties . . . .”
The states and electoral management bodies should enumerate all the
elements of the electoral process and then set clear rules for each.
Gaelle Deriaz, The 2009 Mechanisms for Handling Electoral Complaints and Appeals in
Lebanon 16 (2009) (“As of July 2009, 142 complaints have been lodged to the SCEC; two
court decisions have been given by the State Council in the 2009 parliamentary elections
matters, including one challenge to a SCEC decision; six cases have been ruled under PEL
and few others under ordinary procedures by the Court of Publications; and two cases are
investigated respectively by the criminal and military prosecutions. Nineteen challenges
have been filed to the Constitutional Council.”).
54
Inter-Parliamentary Council (now called Governing Council), Declaration on Criteria for Free
and Fair Elections, 54th Sess., art. 4, § 1, C.P. 330 (March 26, 1994) [hereinafter Declaration on Elections], available at http://www.ipu.org/cnl-e/154-free.htm; see also International
Organization of Parliaments, http://www.ipu.org/english/whatipu.htm (last visited Jan. 6,
2011).
53
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