Chapter 2: Legal Frameworks for Effective Election
Complaints Adjudication Systems
courts to handle other types of election-related complaints, such as polling
and counting irregularities, violation of campaigning rules by candidates’
supporters, voter registry discrepancies on polling day and allegations of
criminal violations of the election law. This void in the law threatens the
operations and public perceptions of the entire complaints adjudication
process in Palestine, and requires attention by the CEC.12
3. Electoral Tribunals
Democracies across the world have shown remarkable ingenuity in devising election complaints adjudication institutions that match their unique
cultural, political and legal traditions. As the following examples demonstrate, the development of new institutions, and their implementation
practices, has often resulted in a coordinated mix of election administrative and election complaints adjudication duties, including specialized
responsibilities. Latin American countries have particularly pioneered a
combination of institutional practices that combine election administration
responsibilities with acknowledgement of an obligation to provide for election complaints adjudication mechanisms.
A. Country Example: Brazil
13
Brazil is viewed as having an effective complaints adjudication system
based on strong provisions in its Constitution and electoral laws. The adjudication system utilizes a Superior Electoral Court (Tribunal Superior Eleitoral, TSE), a Regional Electoral Court in the capital of each state, plus one
in the Federal District. Larger cities have municipal election judges, and
smaller towns have local election boards. The Brazilian Constitution details the composition of the Electoral Courts and states that a supplementary law should be adopted to define the “organization and competence
of the electoral courts, judges and boards.” Constitutional provisions and
Parliamentary acts that establish complaints adjudication institutions help
to protect the right to judicial review in electoral matters.
IFES, Election Complaint Appeals Process in Palestine: Assessment and Recommendations
(April 2010).
13
IFES internal research, June 2010. See: http://www.v-brazil.com/government/laws/titleIVJustice.html.
12
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