Elections on Trial: The Effective Management of Election Disputes and Violations
ANNEX I.
Case Management Recommendations Checklist
Below is a simple, non-exhaustive checklist to determine whether an EDR case management system is
ensuring a fair, efficient, effective and transparent EDR process.
Fairness
✓ Do specific procedures exist for electoral disputes?
✓ Are there provisions and mechanisms in place for notifying a respondent of a complaint?
✓ Are there provisions and mechanisms in place that provide an opportunity for a respondent to
prepare a defense or response?
✓ Do the rules of procedure and case management process provide for an investigation process to
ascertain the facts of the case?
✓ Does the case management process allow for hearings to be scheduled to provide parties with
an opportunity to present arguments?
✓ Does the case management process facilitate the development of a written, reasoned decision
on the dispute?
Efficiency
✓ Are reasonable deadlines in place for the filing, adjudication, and disposition of different types
of electoral disputes and complaints?
✓ Do deadlines allow for proper investigation, adjudication, hearings, and decision-writing in
practice?
✓ Does a case management system and platform exist to support the management and disposition
of cases within the deadlines?
Effectiveness
✓ Are written, reasoned decisions produced and made available to parties to the dispute?
✓ Is there a right to appeal a decision or seek judicial review, and is this right factored into
deadlines for electoral cases?
✓ Are remedies clearly set out for different types of disputes, and are these remedies applied in
practice?
Transparency
✓ Do parties to a dispute have access to case information in real time as a dispute is being
investigated and adjudicated?
✓ Does the case management process or platform ensure that information on the number and
type of electoral disputes received and adjudicated is made public in a timely and accessible
manner?
✓ If hearings are conducted, are they open to the public?
✓ Are written decisions made publicly available in an accessible format?
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