International Foundation for Electoral Systems Figure 1: Basic case flow for an election dispute or violation Electoral Activity Occurs (e.g voter registration, campaign, election day, etc.) Allegation Relating to Violation of Legal Framework Submitted Formally Processing and Handling by EDR System Initial Decision and Order by Authorized EDR Official Right to Appeal Initial Decision Final Decision and Order and Enforcement Investigation and Legal Assessment of Allegation As noted above, weak case management procedures and practices can impact the provision of procedural justice and open justice. As a practical illustration, open justice requires not just sufficient courtrooms to accommodate members of the public who wish to attend trials, but also administrative techniques that make judicial information easily accessible.30 As one solution to this challenge, a case management database allows an EDR body to quickly share information on ongoing complaints and appeals (for example, the nature of allegations, the total number and types of complainants, the resolution of complaints, and the remedies or sanctions applied) with stakeholders, voters, election observers and the media. This helps balance against partisan allegations and media statements about the number and type of complaints filed, the basis of claims, and how they are being resolved. Example specifications for a case management database are set out in Annex II. IFES’ analysis of common challenges to EDR globally revealed a need to better understand how specific case management practices can better ensure the uniform provision of justice in the resolution of different types of electoral disputes. To address this knowledge gap, IFES conducted preliminary comparative desk research on the case management of election dispute resolution in six countries: Mexico, Tunisia, Kenya, Macedonia, Kosovo, and the Philippines. The aim of these comparative country studies was to better understand how case management processes and platforms can help translate established procedure in actual practice, and ultimately how these elements – procedure, process and platform – can protect the right to due process/procedural justice and realize the principle of open justice. The EDR models and systems in place in each country are outlined in the table below, along with select strengths and weaknesses. 30 UNODC, Resource Guide on Strengthening Judicial Integrity and Capacity (2011), 86 16

Select target paragraph3