Guidelines for Understanding, Adjudicating, and Resolving Disputes in Elections load). Courts are not designed to quickly filter out frivolous or unsubstantiated complaints and, therefore, are unable to resolve election complaints expeditiously. Also, involving courts in the initial stages of adjudication subjects them to political pressure and potential corruption. Absent an entirely separate, dedicated institution for receiving and adjudicating election complaints and challenges (discussed below), many countries designate EMBs — at a level appropriate to the location, nature and seriousness of the complaint — to be the entry point for all election-related complaints (other than post-election disputes about the official election results, or serious allegations against the EMB itself). The electoral laws should specify the scope of the commissions’ jurisdiction and authority. Several reasons support this approach: • EMBs are presumably appointed through an open process that seeks either independent or multi-partisan impartiality from commission members. Hopefully, members have been wellselected and are well-trained to review the factual and legal basis for complaints and make preliminary judgments. Through their experience, election commissioners develop expertise in election law and implementing regulations. Although local judges can certainly read and apply the law and may develop expertise, local EMBs are valuable to give initial perspective and to reduce the case load for higher commissions or courts hearing complaints on appeal. • Election matters may involve disputes between participants in the election, complaints about election officials or other public officials, or allegations of violations of the election law or regulations. In all cases, it is valuable to have an EMB immediately begin preparing a factual record and collecting evidence such as witness statements. If cases are appealed to courts, those courts will inevitably be responsible for some fact finding. Given the time constraints, it is better for the election process that courts do not have to start from the beginning, and it is also better to preserve the freshness of witness statements and evidence. It is important to develop a strong factual record early, and elec- 114

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