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