rules in terms of the challenge that should be brought against a given action
or electoral decision, avoiding having two different challenges available to
the same action or decision before different EDRBs. Such duplication of
jurisdiction or concurrent jurisdiction is likely to give rise to confusion and
the risk of contradictory rulings.
345. Where jurisdiction is left unclear in legislation, a situation may arise
in which an EDRB considers itself without jurisdiction to hear a challenge
that it has received, or considers the challenge inadmissible. If a challenge is
presented to the ‘wrong’ EDRB in this way, it is good practice for that EDRB
to transfer it to the EDRB that does have jurisdiction, and for the other
EDRB to consider the respective electoral action or decision as having been
properly challenged – even if there may be confusion over the means used to
pursue the challenge.
346. The set of procedural rules that govern an EDR system should be
consistent and complete, drafted in clear language that eliminates the risk of
arbitrary interpretations, and consistently followed by the EDRB.
347. Electoral law should clearly establish which electoral decisions are final
and which are subject to review or challenge. In those cases in which a
challenge is allowed the electoral law should expressly state which organ has
jurisdiction to review any relevant challenge.
348. As part of civic education campaigns, wide dissemination of the
constitutional, statutory and regulatory provisions on elections in the
language of the community in which the election is to be held is considered
good practice. Where they exist, the criteria in the case law to be used by the
EDRB for interpreting legal provisions or establishing precedent should be
published. Producing and distributing manuals on electoral challenges each
time the relevant laws or regulations are amended is also good practice. It is
desirable for EDRB staff to provide training not only for the officials and staff
of the EMB, but in addition for all political parties and the media personnel
in charge of covering election news.
Box 6.12. Bhutan: introducing a new system to the people
Deki Pema
Parliamentary elections under the Constitution were held for the first time in 2008. Voter
education and awareness-raising were, and remain, of crucial importance in Bhutan.
For over a year before the election the Election Commission of Bhutan implemented a
multi-pronged public awareness and education strategy which used the print, audio
and visual media as well as one-to-one classroom sessions in the villages. Songs,
brochures and DVDs were distributed free of charge, and material was aired regularly
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