Chapter 2: Legal Frameworks for Effective Election
Complaints Adjudication Systems
a candidate; support political parties and candidates during the campaign
period; and cast votes (for further detail, see Chapter 1: International
Standards). The second element is time constraints. Most election disputes and complaints need to be resolved within the legally mandated
and compacted schedule of various stages of the election process, most
notably during the voting and counting process or immediately following
polling day. A successful complaints adjudication system must balance
standards of due process with the pressure for election authorities and
courts to act quickly, depending upon the seriousness of election-related
grievances. Reasonable deadlines and timetables for adjudicative procedures must be established within the law to allow for a fair but speedy
adjudication process.
As discussed extensively in Chapter 1, the international democracy assistance community has sought to develop international standards in the
field of election complaints adjudication for many years. However, earlier
efforts at compiling international standards tended to emphasize the role
of the judiciary and due process guarantees, including rights to a hearing
and to an avenue for appeal, at the expense of timeliness of decisions.
Recourse to the judiciary and the attributes of “due process” are essential
when fundamental rights are jeopardized and the legitimacy of elections
is clearly undermined. International standards that set a high bar for legal
processes in election complaints adjudication are certainly correct to the
extent that they address the most serious cases of alleged election irregularities or misconduct, particularly regarding illegal or fraudulent actions of
election authorities.
But many (perhaps most) complaints and challenges presented during the
election period do not rise to that level. Given the short timeframes inherent in the election calendar, a system that treats every complaint as
deserving of all protections of due process will almost certainly become
overwhelmed with cases. In those circumstances, even relatively simple
matters may not be decided until after the election or not at all. The expression “justice delayed is justice denied” is particularly apt. No stakeholders benefit from a system for election complaints adjudication that cannot
reach adjudicative outcomes in a timely and efficient manner.
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