Guidelines for Understanding, Adjudicating,
and Resolving Disputes in Elections
made a good faith effort to respond to this issue and has since taken into
account the importance of avoiding undue delays in electoral complaint
adjudication. Specifically, the ECP held an electoral reform workshop in
June 2008 to address, among other problems, the issue of exceeding
the statutory period for resolving petitions by the electoral tribunals.149
IFES legal experts made similar observations regarding the delays in hearing complaints from the 2004 elections in the Philippines. The IFES assessment report states that the complaints and adjudication process contained
“substantial due process safeguards,” but was “complex, extremely slow,
and plagued by frivolous complaints.”150 The report listed different factors
that explain delays in electoral contests, such as the caseload or ignorance
of legislative deadlines. Because of the mistrust that is endemic among
election stakeholders, many complaints are insincere and intend only to
bother the other candidate.151 Moreover, there is no mechanism to avoid
frivolous claims or to prioritize the most important claims.152 These elements are among the factors that can encourage lengthy proceedings in
electoral cases. The overwhelming number of claims and the lack of resources with which to adjudicate or dismiss them are obvious causes of
the delayed resolution of electoral complaints as well.
The Supreme Court in Ghana has also stressed the necessity of setting
clear time guidelines for judges and the public. Lady Justice Georgina T.
Wood, Chief Justice of the Ghana Supreme Court, stated in July 2008
that she “appreciate[d] the sobering fact that an important safeguard of
election integrity lies in an effective resolution of complaints and appeals
with minimum delay,”153 and explained that the “judiciary is well positioned
and equipped to deal competently, expeditiously and efficiently with all
election disputes within reasonable time lines.”154 Moreover, the Supreme
IFES and Pakistan Election Commission Host National Electoral Reform Workshop, Aceproject.org, http://aceproject.org/today/feature-articles/ifes-and-pakistan-election-commissionhost (last visited Jan. 8, 2011).
150
Peter Erben et al., IFES, CEPPS Philippines Election Observation Program: Strengthening
the Electoral Process, Final Report 1, 26-29 (2004), available at http://www.ifes.org/publicati
on/899bba68af1bc80415544d96cce580a9/Philippines_2004_ElectionReport.pdf.
151
Id. at 27.
152
Id. at 27-29.
153
Foreword to Ghana Manual, supra note 7.
154
Id.
149
54