Guidelines for Understanding, Adjudicating,
and Resolving Disputes in Elections
are often insignificant, false, frivolous or duplicative. Perhaps the greatest
challenge is to establish a complaints adjudication system that can quickly
distinguish between important and unimportant grievances, and can efficiently apportion time and resources in resolving them.
The issue of adjudication of electoral complaints and disputes is of special
interest today within both developing and advanced democracies because
of the significance of credible adjudicative processes for producing stable
election outcomes.2 However, few resources are available for development
practitioners when designing and implementing assistance programs that
address these needs.
This chapter outlines key issues for development practitioners to consider
when reviewing the legal and administrative framework for election complaints adjudication in new or consolidating democracies. The discussion
begins with a set of key characteristics for successful systems, and outlines the role of various stakeholders in the adjudication process (including election management bodies, complaints commissions and tribunals).
Case studies from across the globe provide examples of the role of these
bodies. At the conclusion of the chapter, a detailed checklist will help to
ensure that practitioners have sufficient resources to develop technical
assistance programs and review legal and administrative frameworks for
complaints adjudication systems.
It is difficult to generalize in the field of complaints adjudication because of
the lack of documented practices and decision-making examples outside of
established democracies. And, as in all aspects of democratic development,
electoral frameworks and administrative practices for election complaints
adjudication must be based on the unique cultural, political and legal traditions in each country. No single approach or model works everywhere. As
illustrated by the country examples provided later in this chapter, success in
election complaints adjudication requires a particularly serious commitment
of organizational assets, political will and perseverance.
The Carter Center, International Obligations for Electoral Dispute Resolution 3-10 (2009),
available at http://www.cartercenter.org/resources/pdfs/peace/democracy/des/edr-approach-paper.pdf. See also Rafael López-Pintor, Assessing Electoral Fraud in New Democracies: A Basic Conceptual Framework, IFES Electoral Fraud White Paper Series (2010).
2
100