International Foundation for Electoral Systems Key Conclusions For the management of election disputes and violations to be effective, two fundamental components must be realized in practice: 1. 2. Procedural justice or “due process�� must be protected to ensure the individuals involved in an election dispute are treated fairly Open justice should be advanced to the greatest extent possible for the benefit of the public at large, which has a stake in the legitimacy of the election process and outcome Taken together, the various elements of procedural justice and open justice require that courts and tribunals put in place rules of procedure and complaints management practices that strike a balance between the fair, efficient, effective, and transparent administration of justice. Case management encompasses the tools and techniques through which a dispute or violation is processed and tracked, with the aim of facilitating the supervision, administration and disposition of the case. The adoption of an election case management system can streamline the implementation of rules of procedure, ensuring these rules are effective in practice and not just in law. II. Introduction Existing research into the acceptance of election results suggests that both the rules that are in place to govern an electoral process,7 and the public’s experience with the institutions and individuals administering those rules,8 are important to overall perceptions of an electoral process and outcome. Hence, the way electoral disputes are handled can be as important as the final outcome of these disputes.9 Because election litigation considers fundamental rights, and is adjudicated in compressed timeframes under intense political pressure and scrutiny, the requirement for public confidence in the administration of justice is particularly acute. 7 This idea of “organized uncertainty” appears in Adam Przeworski’s, DEMOCRACY AND THE MARKET (Uni of Chicago ed., 1991). Przeworski contends that democracy is a system of ruled “organized uncertainty” whereby electoral outcomes must be uncertain to ensure participation in competition, but the system or process for political competition must be governed by rules. 8 Lonna Rae Atkeson, Kyle L. Saunders, “The Effect of Election Administration on Voter Confidence: A Local Matter?” Political Science & Politics, October 2003, 657-658. 9 In recent years, randomized control trials have been used to test the link between procedural justice, public perceptions, and public behavior. In summarizing the results of these trials, academic Kristina Murphy observed: “researchers have typically found that members of the public who have interactions with procedurally just authorities…are significantly more likely to evaluate those authorities positively and are more willing to display cooperative and compliant behaviours. See: Kristina Murphy, “Procedural Justice and its Role in Promoting Voluntary Compliance” in Peter Drahos (Ed.) Regulatory Theory: Foundations and Applications (ANU Press, 2017), 43 8