Chapter 2: Legal Frameworks for Effective Election
Complaints Adjudication Systems
Key Issues and Considerations for
Establishing Complaints Adjudication
Systems
Laws or regulations that are implemented to establish complaints adjudication systems must clearly define responsibility for receiving and handling different types of complaints and disputes: for “point of entry” and
initial review; for investigation; for preliminary adjudication and the appeals
process; and for the finality of decision-making in resolving election-related matters. Clarity in election laws and implementing regulations is essential. The legal framework must identify and empower existing bodies, such
as courts and EMBs, or new institutions such as complaints commissions
or electoral courts, to properly and quickly handle these complaints and
disputes. Ambiguous or conflicting jurisdictions among courts and administrative bodies are confusing and unfair to political parties, candidates, the
news media and the voting public.
Election laws must also provide clear rules and procedures for where,
when, how, and in what form complaints or demands must be filed, including standards for sufficiency of evidence. Reasonable but tight deadlines
and time limits should be established for complainants and for the adjudicative bodies that deal with these cases.
The format and formal requirements for election complaints should be
clear and specified in the election law or in implementing regulations that
are developed by election authorities. An officially approved form that is
made widely available (on the internet, but also in simple print forms) is a
good basis for ensuring that complaints are well-crafted and comprehensive in their statement of facts, allegations and legal basis. If complaints
are relatively complete when filed, adjudicative bodies will have fewer obligations to conduct independent fact-finding and will be able to assess or
resolve matters more quickly.
Implementing regulations should explain the requirements for the nature
and sufficiency of evidence. Election laws should generally require signed
and sworn statements by complainants and witnesses, except in extreme
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