Guidelines for Understanding, Adjudicating,
and Resolving Disputes in Elections
formation technology expert, lawyers and a clerk.135 The adjudicatory body
should regulate the conduct of its staff, and should adopt a code of conduct
for its judges and commissioners (see text box on the previous page for a
code of conduct developed by the Afghanistan Electoral Complaints Commission). Staff members should be sanctioned just as judges would be if
they commit a comparable error. This will create a responsibility equivalent
to a civil duty of care. The arbiters should be liable for their misconduct in
processing a claim. They should be responsible to the parties and polity,
requiring them to be more vigilant when reviewing a complaint.
A study on the Electoral Court in Uruguay has revealed that its members are nominated based on their professional skills and that the electoral staff is generally well-trained, but lack proper resources to run
an efficient system.136 With several competing demands on domestic
resources, this is a major entry point for the assistance of the international donor community; however, all aid should be designed with the
ultimate goal of creating self-sustaining systems.
4. A System that Judicially Expedites Decisions
Because the legitimacy of the entire government may rest on the validity of election results, complaint proceedings must be expeditious. The
importance of timing is widely recognized in international conventions
and treaties, even though the language may vary. For example, the timesensitive nature of resolving complaints requires the proceedings to take
place “within a reasonable time” or “without undue delay.”137
A. Expeditious Proceedings
The importance of a timely remedy has been recognized by courts as
inextricably linked to fair public participation in government and elections. There must be time limits for resolving electoral complaints.138
IFES, Timor-Leste: Development of a National Electoral Framework 26-27 (2008) [hereinafter
IFES Timor-Leste Report].
136
Staino, supra note 6, at 1-2.
137
ICCPR, supra note 11, art. 14, § 1(c); American Convention, supra note 14, art. 8; European
Convention, supra note 26, art. 6, § 1; see also Autheman, supra note 51, at 6.
138
SADC Parliamentary Forum, Norms and Standards for Elections in the SADC Region 15
(2001) [hereinafter SADC Norms], available at http://aceproject.org/ero-en/regions/africa/
regional-resources-africa/sadcpf_electionnormsstandards.pdf/view.
135
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