41. Grounds for appeal should be strictly defined in the law, preferably for each phase
involving an election dispute mechanism, so that courts and electoral bodies are not
burdened with irrelevant or frivolous challenges.
42. The parties authorized to bring election-related complaints or appeals before a court or an
electoral body should be strictly identified by the electoral law.
43. Time-limits and procedures governing the admissibility of complaints and appeals should
be designed so as to preserve the right of aggrieved parties to seek redress.
I. Enforcement
44. Bodies with jurisdiction over election disputes should be vested with the power to enforce
their decisions within a reasonable time. Electoral legislation and/or framework
legislation governing the administration of justice should expressly indicate the legal
consequences associated with the decisions taken by the various bodies which have
jurisdiction over election disputes. It should also specify unambiguously the legal
sanctions which can be imposed and enforced, including fines, imprisonment, suspension
or disqualification of a candidate.
J. Consistency in the interpretation and application of election dispute provisions
45. Election laws should expressly bestow upon the highest body of the electoral
administration the authority to pass regulations or instructions aimed at securing a
uniform interpretation and application of the election law by electoral bodies.
46. The highest body of the judiciary should ensure that all election-related legislation,
including framework legislation (such as Civil and Penal Codes, as well as Criminal and
Civil Procedure Codes) which is generally considered as having primacy over other
legislation, is not flawed with discrepancies, loopholes or gaps.
47. The highest body of the judiciary should also take the necessary steps to ensure the
constitution of a coherent set of governing judicial precedents and that judges be
acquainted with these precedents and the reasoning behind them.
48. Well in advance of the elections, the highest entity within the hierarchy of the election
commissions and the highest body of the judiciary responsible for issuing final and legally
binding decisions on election-related cases, should jointly develop instructions, guidelines
or resolutions on the various matters involved in election disputes. Where a dual
complaint and appeals process applies, both institutions should clarify their respective
areas of competence and those of the lower level courts and election commissions. They
may also play a crucial role in fostering reforms of the electoral legal framework or
judicial practices and standards in the consideration of election-related cases. Conflicts
between the institutions or mutual misunderstandings may seriously undermine the
uniform interpretation and application of election laws and regulations at lower levels and
could threaten the certainty of the law as well as confidence in the electoral process.
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