Introduction
Court, Constitutional Court or special electoral court) is the forum for resolving such claims, although in some countries an administrative body separate from the judiciary is assigned the task. In still other countries, directly
challenging an election’s outcome might not be permitted, with all election
challenges and complaints handled by the regular criminal court system.
Other election disputes are often much less significant, such as determining
which political party is permitted to campaign on a certain day or in a particular location according to electoral regulations. These less serious disputes
may be decided by election commissions at a subordinate or local level.
The phrase complaint adjudication is another term used to describe the
process for handling grievances raised by political parties, candidates, voters and other electoral participants. Complaints arising within the initial
phases of an election, in the pre-election campaign period, or on polling
day are generally objections to an alleged denial of rights (perhaps voter
registration or candidate certification) or allegations of improper conduct
(breaches of the election law, regulations or procedures) rather than merely
disagreements or competing claims. These types of complaints often pose
overwhelming problems for the election authorities, courts or other bodies
that comprise the EDR system because of the substantial quantity and
urgency of complaints arising during the compressed election timeframe.
For the most part, “election complaints adjudication” can be seen as largely
synonymous with EDR, but covering a wider range of situations and focused on the formal judicial or administrative process for resolving them.
Complaints of serious misconduct that constitute criminal violations of the
election law (or related laws) may deserve consideration for criminal prosecution. Allegations of criminal misconduct are almost always directed to
police, prosecutors and courts for investigation and potential prosecution
— outside of an administrative system for EDR — although special electoral complaint bodies or judicial tribunals may be established that include
criminal violations of the law within their jurisdiction.
The following chapters frequently refer to Electoral Management Bodies
(EMBs), a catch-all term for the government agency or division responsible
for organizing, coordinating, and overseeing the election process. The ex-
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