Guidelines for Understanding, Adjudicating,
and Resolving Disputes in Elections
judge or arbiter. In IFES’ pre-election assessment report in Thailand, legal experts called on the Electoral Commission (ECT) to note that “in this
time of increased political tension, it will be particularly important to ensure that the recruitment process is competitive and that candidates are
properly screened.”131 The assessment stated that in order to serve as
a member of an election or polling station committee, candidates should
be qualified and known to be politically neutral.132 Observers noted, for
example, that some election workers in Thailand were police officers,
which jeopardized the principle of impartiality. However, it should be
acknowledged that the complaints adjudication system in Thailand differs from most countries, as it is the ECT that functions as the complaint
adjudication entity.
ii. Entry-level and continued trainings
Election law is often complex and dynamic, and thus the maintenance of
an informed and qualified body of administrators can be even more difficult
than in other fields. As a result, the skill set requirement is simply a qualifying threshold; there should also be continuing education for all current
members.133 Staggered appointments of the electoral tribunal or commission could enable former electoral judges or arbiters to help with the training
of newly appointed members. Continuing education is important for judges
and arbiters. In Brazil, the complaints adjudication mechanism has taken
into consideration the need for continuing education of arbiters. An Electoral Legal School is linked to the Court and aims to provide continuous or
occasional education to judges that rule or will rule on election complaints.134
Furthermore, to ensure proper application of the law and compliance with
the training given, judges and arbiters in electoral matters must be accountable for misconduct or malpractice. The efficiency of judges and arbiters
relies on their skills and on their training, but the arbitration team also benefits from a qualified support staff. An IFES project in Timor-Leste focused
Robert A. Dahl et al., IFES, Thailand: 2007 Pre-Election Technical Assessment, Report of
Findings and Recommendations 37 (2007), available at http://aceproject.org/ero-en/regions/
asia/TH/IFES percent20Preelection percent20Assessment.pdf/view.
132
Id.
133
USAId Office of Democracy and Governance, Technical Publication Series, GuIdance for
Promoting Judicial Independence and Impartiality 27 (2002), available at http://www.usaId.
gov/our_work/democracy_and_governance/publications/pdfs/pnacm007.pdf.
134
Brazil Superior Electoral Court, supra note 6.
131
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