HUMAN RIGHTS AND ELECTIONS – A HANDBOOK ON THE LEGAL, TECHNICAL AND HUMAN
RIGHTS ASPECTS OF ELECTIONS PROFESSIONAL TRAINING SERIES N°2 – CENTRE FOR
HUMAN RIGHTS – UNITED NATIONS – 1994.
IV. Common Elements of electoral laws and procedures
D. Nominations, parties and candidates
107. Electoral law and procedures should guard against advantage being bestowed upon
Government-supported candidates. Provisions concerning candidate qualifications must be
clear and must not discriminate against women or particular racial or ethnic groups.
Disqualifications should be subject to independent review.
F. Complaints, petitions and appeals
113. The right to challenge election results and for aggrieved parties to seek redress should be
provided by law. The petition process should set out the scope of available review,
procedures for its initiation and the powers of the independent judicial body charged with
such review. Multiple levels of review, where appropriate, should be described as well.
114. The effect of irregularities on the outcome of elections must be established by law.
Anyone alleging a denial of their individual voting or other political rights must have access
to independent review and redress.
H. Offences, penalties and maintenance of order
118. The national electoral law must also protect the political process from corruption,
official misfeasance, obstruction, undue influence, personation, bribery, treating, intimidation
and all other forms of illegal and corrupt practice. Prosecutions, procedures and penalties
must respect international standards for human rights in the administration of justice.
119. Decisions regarding the maintenance of peace and order at polling places should be
made by balancing concern for security against the potential intimidating effect of a police,
security or military presence. Polling officers should be delegated the authority to maintain
order at polling places. Civil and criminal liability should be imposed for acts of misfeasance,
nonfeasance and malfeasance by election officials.
OSCE ODIHR ELECTION OBSERVATION HANDBOOK - FOURTH EDITION, APRIL 1999,
WARSAW
9. THE PRE-ELECTION PHASE: THE LONG-TERM OBSERVER
c. Voter Identification and Registration
(… )
The voters list should therefore be posted well in advance of the election to permit complaints
about incorrect inclusions or exclusions.
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