Guidelines for Understanding, Adjudicating,
and Resolving Disputes in Elections
constitutional or legislative junctures to codify more long-term electoral
complaints mechanisms.6
This guide explores seven standards of election complaint adjudication
that strengthen the fair handling of grievances, which in turn preserves
the public’s right to political participation and democratic representation.
After establishing these seven standards, the guide moves from a theoretical framework to practical fieldwork, turning to experts in the field of
international election complaint adjudication to discuss programmatic issues for implementing these standards. It is hoped that this exploration of
principles and practice will serve as an important resource to law makers
and election administrators as they consider their own election complaint
adjudication processes and design new initiatives to strengthen this critical pillar of the election system.
A Note on Terminology
Throughout this book the authors use several phrases to describe the
institutions and procedures employed within democracies to adjudicate
election-related disputes, complaints, objections and alleged violations of
election laws. The expression election dispute resolution (EDR) has gained
some favor internationally for describing this topic. However, the word dispute suggests disagreements and competing claims that may only require
an arbitrator or mediator to settle. Disputes of that nature are only one portion of election-related grievances, although an important part.
Disputes within EDR can also be interpreted as challenges to election
outcomes, when the official election results are contested. These can be
significant challenges for any EDR system. Often, a high court (Supreme
In Uruguay, for example, electoral law provIding for an autonomous electoral body was
drafted in 1924 and included in the 1932 Constitution, making it the oldest system in
Latin America. Sara Staino, Uruguay: The Electoral Court — A Fourth Branch of Government? 1-2 (2006), available at http://aceproject.org/ero-en/regions/americas/UY/Uruguay_
percent20The percent20Electoral percent20Court percent20- percent20A percent20Fourth
percent20Branch percent20of percent20Government.pdf. In Brazil, the Superior Electoral
Court, the highest institution of Electoral Justice, was created on February 24, 1932, but
the Constitution of the New State, established by Getúlio Vargas in 1937, extinguished the
Electoral Justice. And on May 28, 1945, the Decree Law 7586/1945 reestablished the
Superior Electoral Court. History of the Superior Electoral Court, Superior Electoral Court,
http://www.tse.gov.br/internet/ingles/institucional/o_tse.html (last visited Jan. 6, 2011)
[hereinafter Brazil Superior Electoral Court].
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