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. 107

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