The SoS may consolidate the complaints based on common events or points of law, and will send a notice to the respondents. A record of the complaint will be created. Between ten and 60 days after receiving the complaint, the SoS will hold a hearing, which, at his/her discretion, may be oral. Following the hearing, a determination regarding the complaint will be made by the SoS or his/her designee. Either a remedy will be granted (non-compensatory and non-punitive) or the complaint will be dismissed. In either event, the SoS will provide the reasoning behind the decision in writing to all concerned parties and post this on the website. Should the SoS or his/her designee fail to respond to the complaint within the 60-day deadline, the complaint will be subject to alternative dispute resolution – essentially an independent arbiter who serves as a Hearing Officer. The Hearing Officer will review the case, and will make a determination regarding the complaint within 60 days of the original deadline for determination by the SoS. The determination of the Hearing Officer is final and cannot include monetary compensation as reparation. Challenges to election results In such cases, the Courts of Appeal have appellate jurisdiction and the Superior Court has original jurisdiction. This includes cases where the results of an election are challenged. Challenges to the results of elections in California are of two categories: contestation of the results that do not require a recount, and challenges to the results that require a recount. Contests without a recount An election may be contested in cases where the person who has won the election or has the most votes (the defendant) is not eligible for the office or has committed an offence against the collective franchise, or when such numbers of illegal or fraudulent votes were cast for the defendant that the results of the election would be different if they were not counted. The Superior Court has jurisdiction in such cases. 6. Remedies available from challenges to election results 513. The diversity of mechanisms among the various EDR systems stems from countries’ different legal traditions and historical and socio-political contexts. The common thread between these mechanisms is that they are based on absolute respect for the popular will as expressed through the votes cast. In relation to challenges to election results, EDR systems can be categorized by looking at the legal remedies each offers. These will depend on the nature of the claim made by the political party or candidate that files the petition or complaint. For example, if a claim seeks to annul an entire vote, in theory the EDRB would not have any reason to order a recount. 169 7. Basic elements of EDR systems (cont.)