Balancing the Scales of Electoral Justice This Chapter is divided into six parts. Part one is the introduction which also defines the term “scrutiny” and what it entails; part two sets out the legal framework for scrutiny; part three examines the pre-election day scrutiny process; part four looks at the scrutiny carried out on the election and subsequent days up to the declaration of election results; part five examines scrutiny pursuant to court orders and the utilization of the result of the exercise; and the last part makes concluding remarks and suggests possible reforms to achieve the intended objectives of a seamless election dispute resolution. 2.0 The Legal Framework for Scrutiny The pith of the legal framework for scrutiny in the electoral process is discernable from the letter and spirit of the Constitution. Article 38 of the Constitution provides for political rights. Chapter Seven entitled “Representation of the People,” provides for free, fair, transparent, accountable and verifiable elections. All these terms import the element of scrutiny in one way or the other to guarantee the integrity of an electoral process. The Elections Act and the Election Regulations provide for public scrutiny of the voters register and scrutiny by the election officials of the nomination papers of the candidates seeking elective positions.29 The right to a recount before election results are declared is provided for in Regulation 80 of the Election Regulations, which permits up to two recounts. In EDR, the legal framework for court-supervised scrutiny is anchored in Section 82 of the Elections Act and Rule 33 of the Election Petition Rules. Section 82 of the Elections Act states: 82. (1) An election court may, on its own motion or on application by any party to the petition, during the hearing of an election petition, order for a scrutiny of votes to be carried out in such manner as the election court may determine. Rule 33 of the Election Petition Rules provides: (1) The parties to the proceedings may, at any stage, apply for scrutiny of the votes for purposes of establishing the validity of the votes cast. 29 See Elections Act, ss. 6, 13 and Election Regulations, Parts III to X. 247