Guidelines for Understanding, Adjudicating,
and Resolving Disputes in Elections
who are not legal experts. There may be a lawyer or two on the EMB,
but most, as noted above, are representatives of political parties, teachers, civil servants or community members. The task of training citizenbased EMBs is different from that used for EMBs consisting of lawyers
or judges, as members will often lack the legal training at the heart of an
evidence-based electoral complaints adjudication process.
iii. Training should be grounded in procedure
Related to this concept is the need to build respect for the process and to
train EMBs to follow procedures precisely and consistently. Consistency
and fairness is the best way to eliminate even the perception of bias.
Generally, it is when an EMB’s action or decision varies or diverts from
the procedural rules that one side can argue that an advantage was given
to an opposing party or candidate. EMBs need to be reminded that their
actions, investigations, hearings and decisions are subject to review and
can and will be appealed to a higher authority. Hearings are usually open
to the public or, at the very least, to the adversaries in a complaint. EMBs
need to be careful to follow procedures diligently, which helps to ensure a
fair and judicious process.
iv. Time for training is limited
As noted above, there is often very little time in which to conduct the training. EMBs at the local levels or at the polling station level are often not
appointed until the election period begins. In most countries this might
be as much as 60 days or as little as 20 days before an election event. This
means that training programs have to be ready for implementation at the
moment EMBs are formed. Additionally, EMB members are often immediately busy with other election responsibilities such as verifying voter lists
or demarcating an election precinct. Finding time to train members during
this busy period is often one of the biggest challenges.
v. Stakeholders should be engaged
Any training program needs to be coordinated with and include the other
key stakeholders in the election complaints adjudication process. Stakeholders might include representatives of the political parties, officials from
the local administration and/or the local or national courts. If a training
program is designed in collaboration with stakeholders, it allows for their
142