3. Where a violation has been found, the competent authority within the appropriate
jurisdiction should provide for redress in a prompt manner within the timeframe of the
electoral process.
4. The effectiveness, impartiality and independence of the judiciary, including the office of
the prosecutor, and that of electoral bodies, is a pre-condition for the fair, effective and
impartial handling of election-related disputes in conformity with the commonly accepted
international standards on elections and the rule of law.
5. The decisions made by independent and impartial authorities which are responsible for
supervising the conduct of elections and other public consultations, including the
preparation and periodic revision of the electoral roll, shall be subject to appeal with an
independent and impartial judicial authority.
6. The electoral law shall secure a clear demarcation of the respective jurisdictions of the
courts and the electoral bodies so as to exclude the possibility of courts or electoral bodies
being served with repeated or concurrent complaints on the same matters.
B. Hierarchical appellate procedure
7. The electoral law should set out a clear hierarchical appellate procedure for the handling
of election-related complaints and appeals, in accordance with the framework legislation
governing the judiciary and civil proceedings.
8. The electoral law should provide for at least one appeal procedure to ensure that a higher
court or electoral body reviews all cases. The law should clarify which decisions are final.
When a decision is reviewable, it should be stated which court or electoral body it may be
appealed to.
9. No pre-requisite for a review by an electoral body should be required prior to the
admissibility of a challenge in court and a court challenge should always be available.
10. For all types of election disputes, the decisions of the higher electoral body should be
reviewable by the highest body of the judiciary whose ruling should then be final.
11. If the law allows the decisions of the highest electoral body to be reviewed by lower level
courts, this should be stated as an exception to the general rule and be strictly defined in
the law. The court to which such decisions may be appealed should be unambiguously
identified in the law.
12. The electoral law should stipulate which decisions are final and binding. The highest body
of the judiciary or the constitutional court should not be entitled or compelled to release an
election-related case to a lower level court.
C. Accessibility and transparency
13. The complaints procedure should be transparent and easily understandable. Appropriate
forms should be readily available for filing complaints and appeals in the language(s)
used in the country. Election officials should be acquainted with the rules and procedures
for filing complaints as well as with the standards governing election disputes and
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