International Foundation for Electoral Systems Country and EDR Model Macedonia Mixed Jurisdiction The Philippines Mixed Original jurisdiction for complaints at the regional, provincial and city levels belongs with the Commission on Elections (COMELEC), which also has appellate jurisdiction over rulings of the trial courts pertaining to municipal and village positions.54 Contests involving the president 47 Macedonia’s 2015 Electoral Code empowers the State Election Commission (SEC) to address electoral complaints and disputes in addition to its election administration functions as EMB. The Administrative Court, which does not act as a court of first instance, has appellate jurisdiction over the rulings of the SEC.47 Procedures Case Management System The EDR process is governed A web-based SEC by the 2015 Electoral Code, complaint tracking as modified by a 2017 bysystem was developed in law, and the 2016 Rulebook 2016, but was not on the Manner and implemented in time for Procedure for Deciding upon the December 2016 Complaints. The SEC elections. The system is officially endorsed this designed to track Rulebook – the first of its information registered kind for Macedonia – in with the complaint, November 2016.48 summons, cooperation with state authorities, referrals, decisions, suits, appeals, and supplementary documents. Rules of procedure for trial COMELEC is developing courts ruling on election case management contests involving municipal software to organize and and barangay offices are laid expedite access to case out in law,57 but crafting the information. When rules of procedure for operational, the case COMELEC is the management and responsibility of two information system different departments (CMIS) will track cases Strength Weakness The SEC’s complaints tracking system was the trigger for initiating the development of the Rulebook, as a complaints tracking system was one of the legal requirements introduced in the 2015 amendments of the Electoral Code.49 This kind of explicit legal requirement is unusual for such a system, and is a progressive measure for electoral dispute resolution in Macedonia.50 The necessity of providing “due notice and hearing” is consistently noted throughout the electoral law58 and what constitutes adequate notice is spelled out in detail in a provision Legal deadlines for SEC decisions are extremely short – requiring a decision within 48 hours of receiving a complaint.51 Complaints relating to campaigns must be resolved within seven days of receipt,52 while complaints relating to violations of voting rights on Election Day are resolved within four hours of receiving the complaint.53 ELECTORAL CODE art. 150(1) (MACED.) Both the process of developing the instruction and the creation of a tracking system for complaints were supported by IFES Macedonia. 49 Electoral Code art. 31, paragraph (2), point 28-a (Maced.). 50 “The State Election Commission shall: establish electronic system for case and complaints management;” 51 This timeframe applies to complaints relating to voting procedures and vote counting, complaints relating to campaign financing. 52 Electoral Code art. 69-a (Maced.); Rulebook on the Manner and Procedure for Deciding upon Complaints art. 21(1) (Maced.). 53 Electoral Code art. 149-a (Maced.); Rulebook on the Manner and Procedure for Deciding upon Complaints art. 21(2) (Maced.). 54 Constitution of the Philippines, Article IX, Part C, Section 2(2) 57 Omnibus Electoral Law Article XXI Section 254 58 Phrase occurs 18 times in the Omnibus Law 48 20 There is a general perception that COMELEC’s rulings, though fair and in full accordance with due process, are often slow in coming. Parties to a case receive copies of decisions, but decisions