Chapter 2: Legal Frameworks for Effective Election
Complaints Adjudication Systems
usually relate to perceived campaign violations, especially in
environments where campaign financing, allocation of media
time, government approval of facilities for public events and
rallies, and dedication of public locations for posters and billboards is stringently regulated in laws and/or local ordinances.
One of the main challenges in resolving these types of
complaints is that they are often heard by bodies other than
courts or EMBs, such as media commissions or campaign
finance committees. These types of bodies are often inadequately prepared to deal with them, or have no enforcement
authority once a decision is made. Likewise, remedies are
often too late and sanctions against violators do little to make
the complainant “whole.”
• Polling and counting offenses. The majority of complaints are
directed at polling day violations. They usually relate to limits
to access, long waits or congestion, inaccurate lists, refusal by
polling officials to provide a ballot to a potential voter, double
voting, underage voting, voter intimidation, campaigning in or
impermissibly close to the polling location, removal of a ballot
box from public view, tampering with seals or the insertion of
fraudulent ballots. In many cases, the complaints process will
not produce a remedy or correction as such, although punishment of the violator may result. In an extreme case, a particular
ballot box may be voided. Timely, thorough, and professional
investigations of polling and counting offenses are especially
necessary to maintain public confidence in the process and
resolve election complaints in an efficient manner.
• Tabulation and seat allocation offenses. The greatest opportunity to manipulate results comes at this stage. However, transparency, tight process control and the attendance
of international advisers and experienced teams of observers
are generally effective in prevention. The process of releasing
results of the count locally also makes it possible for parties
and candidates to keep their own records and demand explanations for variances.
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