1. Introduction
Overview
Elections are central to establishing a legitimate democratic government.
However, a democratic government’s degree of legitimacy depends on
the extent to which elections are trusted and perceived to be free and
fair. At the same time, competition is an inherent part of elections,
which can tempt actors to engage in various types of misconduct
during the many stages of the electoral process, including improper
disqualification of voters or candidates, electoral fraud, obstruction of
electoral processes by both election officials and voters, and campaign
finance infractions. In addition to deliberate misconduct, numerous
types of unintended administrative error or mishandling can disrupt
election procedures. These irregularities may result in electoral
complaints or disputes raised by various stakeholders. The way in
which complaints and disputes are handled is one of the important
indicators of the credibility of elections. Therefore, free and fair
elections necessitate the adoption of efficient and transparent electoral
dispute-resolution (EDR) mechanisms that are explicitly defined in
legislation.
In the period 2013–14, International IDEA conducted a
comprehensive global study of EDR systems and developed an online
Electoral Justice Database (EJD) to share the findings. The target
audience for this database is quite broad. It includes voters, candidates
and political parties as the key participants in electoral processes,
as well as practitioners, academics, media organizations and other
relevant actors working in the field of elections. The main aims of
compiling comparative data about EDR systems around the world
were to contribute to electoral legal reform processes, raise questions
and debate about the functioning of the institutions in charge of
electoral justice, and inform voters and other stakeholders about the
ways in which electoral disputes are processed in their own countries
and abroad.
The main focus of the study was the electoral law and other legislation
of countries with provisions on EDR mechanisms. So far, the legal
documents of 178 countries have been analysed, and the results are
now freely available online in the EJD. The data in the database is
divided into four parts. Each of these parts covers specific types of
election-related disputes. Three have separate sections for presidential
and legislative elections, while the fourth deals with criminal offences
that are common to both. In total, the database contains 105 data
variables.
This report provides an overview of the EJD and presents key findings
from the study of EDR mechanisms. It also presents a brief discussion
of these findings, highlighting important trends and practices from a
global perspective. The aim of this report is to provide an introduction
to International IDEA’s EJD and promote its utility within the electoral
assistance and practitioner communities around the world.
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