Elections on Trial: The Effective Management of Election Disputes and Violations I. Executive Summary The credibility of elections, acceptance of election results, and stability of the election environment increasingly hinge on the effective resolution of disputes and violations throughout the electoral cycle. Mechanisms for election dispute resolution (EDR) must withstand new forms of sophisticated political and electoral manipulation, most recently illustrated by the Cambridge Analytica whistleblower claims, but previously highlighted by the International Foundation for Electoral Systems (IFES) as a growing concern around the globe.2 Electoral democracies are also facing attempts by political actors to use the courts to legitimize staying in power,3 and must address rising impunity for violence, intimidation and harassment in election campaigns. Election contests can devolve into battles or negotiations for political power, with the assumption or inevitability that winners will not be held accountable for their actions after the election is over.4 A refusal by opposition parties or losing candidates to accept electoral outcomes can undermine the authority of the government, weaken trust in democracy and democratic institutions, and in extreme cases trigger violence.5 Because of these challenges, the strength of the EDR process – that is, the rules, institutions, arbiters and processes put in place by a country to resolve electoral disputes and violations – can have a profound impact on whether results are accepted. Further, public perceptions around elections have become the new battleground for actors seeking to undermine the electoral process, and these perceptions can have tremendous implications for the peaceful transfer of power and the viability of governing institutions, particularly in fragile and transitional contexts. 2 William Sweeney, Chad Vickery and Katherine Ellena, “Yes, The Presidential Election Could be Manipulated,” The Washington Post, 2 September 2016, https://www.washingtonpost.com/opinions/global-opinions/yes-the-uspresidential-election-could-be-manipulated/2016/09/02/b125885e-6afe-11e6-ba325a4bf5aad4fa_story.html?utm_term=.ac59b6a27b80. See also BBC News, “Cambridge Analytica Files Spell Out Election Tactics”, 29 March 2018, http://www.bbc.com/news/technology-43581892 3 Financial Times, “Africa Third Terms: Who Stays, Who Goes”, https://www.ft.com/content/f3c03602-771e-11e5933d-efcdc3c11c89 4 Tim Craig, Ghani named winner of Afghan election, will share power with rival in new government, The Washington Post (Sep. 21, 2014), https://www.washingtonpost.com/world/ghani-abdullah-agree-to-share-powerin-afghanistan-as-election-stalemate-ends/2014/09/21/df58749a-416e-11e4-9a15137aa0153527_story.html?utm_term=.0fac3de76240 5 Prominent researchers note: “electoral losers play a crucial role in the functioning and development of democratic political institutions and that their perceptions of the system’s legitimacy has potentially critical effects on that system’s proper functioning and maintenance.” See Anderson and Mendes; Llewellyn, Morgan H., Thad E. hall and R. Michael Alvarez, Electoral Context and Voter Confidence: How The Context of an Election Shapes Voter Confidence in the Process, (Caltech/MIT Voting Technology ed., Project Working Paper No. 79, 2009). 5