Chapter 2: Legal Frameworks for Effective Election Complaints Adjudication Systems Key Areas for Election Complaints Although each complaints adjudication system will likely face its own unique set of challenges, there are several important lessons about the key loci for election complaints. Specifically, election challenges and complaints often arise in the following areas: • Compilation of voter registers. As the foundation of virtually all election management components and Election Day accountability, the accuracy and timeliness of the voter register often becomes a crucial test point for the legitimacy of an election. As a general rule, laws accommodate a “complaint” process by allowing voters to inspect and verify their proper and accurate inclusion in a preliminary register. In some contexts, parties may file objections to the register. Notwithstanding normal routines for challenging voter’s lists, registers are often challenged when inaccuracies are perceived as being egregious or widespread. The most common complaints center on omissions of significant numbers of voters, failure to purge deceased voters from the lists, insufficient controls over voters who have requested temporary changes to vote at polling stations other than their own on Election Day, the presence of duplicate entries, and assignment of voters to incorrect polling stations. Resolution of deficiencies is commonly relegated to planning for future elections, and not as a remedy or sanction for the elections that were just conducted. Challenges need not always be filed in courts to result in major changes, however. Sometimes the “court of public opinion” is so strong and widespread to stimulate reforms, and in some countries has prompted the initiation of a voter registration campaign to rebuild the registers from scratch. • Challenges to candidates. At the outset, there should be an accessible and credible process to allow for challenges to candidates. Some of the main disqualifications include: illegal militia activity; non-residency; having a criminal record; and holding 105

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