Chapter 1: International Standards dential elections on 17 January. However, the Parliament — and allies of the challenger — adopted new changes to the electoral law on 4 February, between the first round of elections and the run-off.81 The incumbent called for “international support to block last-minute electoral law changes that [will] pave the way for vote-rigging.”82 Electoral experts stressed that the new provisions only modified minor procedural elements of the law and that it would not affect the outcome of the elections. The challenger won the election, and western leaders acknowledged his victory and the free and fair electoral process, despite the fact that reforms were implemented mid-election. While many would consider this election a success, the potential political chaos that could have ensued due to these changes emphasizes the importance of timing of reforms. Appropriate timing is essential when adopting or reforming electoral law, and it is also crucial when challenges stand to significantly change the electoral system. Sometimes the courts, rather than the legislature, are the major drivers of reform. Indonesia provides an example of the negative impact that a reform can have when implemented too late in the electoral process. In late December 2008 (four months before the legislative election), the Indonesian Constitutional Court invalidated the country’s semi-closed list voting system in favor of open list voting.83 Many observers argued that this was a progressive ruling, but it also created huge challenges for an already struggling election management body and for political parties and women’s groups that had built their electoral strategies and civic education around the defunct system. Thus, the need to improve the laws or rules of procedure regulating elections that encompass the electoral complaint adjudication process must be balanced with the need to have established and definite rules in place in the time remaining before the next election. As previously noted, states are not required to follow specific, detailed rules of procedure; international standards permit a wide array of election processes. In some cases, however, international and domestic courts and monitoring bodies provide guidance on the best interpretation of a Roman Olearchyk, Ukraine Premier Attacks Poll Law Changes, Financial Times, Feb. 4, 2010, available at http://www.ft.com/cms/s/0/7fea275e-1146-11df-a6d6-00144feab49a.html. 82 Id. 83 USAId, IFES, A Free, Fair And Credible 2009 Elections In Indonesia Through Targeted Election Management Assistance: Final Report 6, 19 (2009). 81 33

Select target paragraph3