Guidelines for Understanding, Adjudicating,
and Resolving Disputes in Elections
load). Courts are not designed to quickly filter out frivolous or unsubstantiated complaints and, therefore, are unable to resolve election complaints
expeditiously. Also, involving courts in the initial stages of adjudication
subjects them to political pressure and potential corruption.
Absent an entirely separate, dedicated institution for receiving and adjudicating election complaints and challenges (discussed below), many countries designate EMBs — at a level appropriate to the location, nature and
seriousness of the complaint — to be the entry point for all election-related complaints (other than post-election disputes about the official election
results, or serious allegations against the EMB itself). The electoral laws
should specify the scope of the commissions’ jurisdiction and authority.
Several reasons support this approach:
• EMBs are presumably appointed through an open process that
seeks either independent or multi-partisan impartiality from
commission members. Hopefully, members have been wellselected and are well-trained to review the factual and legal
basis for complaints and make preliminary judgments. Through
their experience, election commissioners develop expertise
in election law and implementing regulations. Although local
judges can certainly read and apply the law and may develop
expertise, local EMBs are valuable to give initial perspective
and to reduce the case load for higher commissions or courts
hearing complaints on appeal.
• Election matters may involve disputes between participants in
the election, complaints about election officials or other public
officials, or allegations of violations of the election law or regulations. In all cases, it is valuable to have an EMB immediately begin preparing a factual record and collecting evidence such as witness statements. If cases are appealed to courts, those courts
will inevitably be responsible for some fact finding. Given the
time constraints, it is better for the election process that courts
do not have to start from the beginning, and it is also better to
preserve the freshness of witness statements and evidence. It
is important to develop a strong factual record early, and elec-
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