International Foundation for Electoral Systems
funding levels for local courts across the country, with some receiving adequate funding and others
receiving funding so insufficient that they do not even have an office.
In the Philippines, the law and rules of procedure contain clear deadlines for filing cases. Though there is
variation, post-election complaints must generally be filed within 10 days of the election.94 Filing
deadlines are strictly adhered to; failing to meet a filing deadline is grounds for summary dismissal of the
case. Deadlines for rendering a decision range between six hours in cases relating to corrections of the
voter list95 to three months for all election cases received by COMELEC.96 In practice, these deadlines are
not always met, particularly in complex post-election challenges, which can take as long as two years to
proceed through each stage of preliminary conference, presentation of evidence, preliminary order,
preliminary recount, preliminary determination, full recount and final resolution. Conversations are
ongoing within COMELEC regarding ways to improve efficiency, notably through the new case
management software which is designed to organize and expedite access to case information.
Timelines for the resolution of electoral disputes in Kosovo are extremely tight. For example, Central
Election Commission (CEC) decisions must be appealed to the ECAP within 24 hours of the CEC’s
decision, and the ECAP has 72 hours to make a decision.97 According to interlocutors, complaints “go by
order” to the data entry clerk (rather than being randomized or prioritized in terms of the gravity of the
complaint). Then, the legal officer assigns the complaints to one of 79 categories based on their nature
and relevant phase of the electoral process. Stakeholders have called for better sorting procedures.98
Deadlines in Macedonia are similarly tight. For example, complaints filed by a party representative
regarding voting, tabulation, or the establishment of results, must be submitted within 48 hours of the
termination of voting or following the announcement of preliminary results. An individual voter alleging
a violation of their rights has only 24 hours to file a complaint from the moment the violation is alleged
to have occurred.99 Legal deadlines for State Election Commission (SEC) decisions are also extremely
short – requiring a decision within 48 hours of receiving a complaint.100 International organizations such
as the Venice Commission and the Organization for Social and Economic Co-operation in Europe Office
for Democratic Institutions and Human Rights (OSCE/ODIHR) have praised the shorter deadlines as
providing “for more effective legal redress,”101 but in reality cases are not adjudicated within the
relevant legal deadlines or are summarily dismissed. During the 2016 parliamentary elections, 470
complaints were submitted to the SEC regarding voter roll issues; the SEC reviewed 355 complaints by
the end of polling day and rejected them all.102 The Macedonia and Philippines examples illustrate how
94
Omnibus Electoral Law Article XXI Sections 250, 251, 252, 253
Omnibus Electoral Law Article XII Section 143(g)
96
Omnibus Electoral Law Article XX1 Section 257
97
Law No. 03/L-256 On Amending and Supplementing the Law No. 03/L-073 on General Elections in the Republic
of Kosovo, art. 15, Nov. 01, 2010, http://www.kuvendikosoves.org/common/docs/ligjet/2010-256-eng.pdf.
98
IFES, Training Needs Assessment for Election Complaints and Appeal Panel 7 (2016).
99
Rulebook on the Manner and Procedure for Deciding upon Complaints art. 7-9 (Maced.).
100
This timeframe applies to complaints relating to voting procedures and vote counting, complaints relating to
campaign financing.
101
OSCE/ODIHR, OPINION NO. 851/ 2016, Joint Opinion on the Electoral Code § 57 (2016).
102
OSCE/ODIHR, Election Observation Mission Final Report 22 (2017).
95
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