Guidelines for Understanding, Adjudicating,
and Resolving Disputes in Elections
istration Review Officer for the region and should determine the appeal of
a voter aggrieved by a decision of the District Registration Review Committee.10 Objections or complaints related to the provisional voter register are
settled by the District Registration Revising Officer who is the Magistrate
of the District Court and the decision can be appealed to the High Court.
The validity of a parliamentary election can be challenged by a petition
presented to the High Court within 21 days after the date of publication
in the Gazette of the election results. However, if a petition questions the
election on the grounds of a corrupt practice involving payment of money,
it may be presented to the High Court before the official publication of
results in the Gazette.
C. Country Example: Palestinian Territories
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Pursuant to the Local Council Elections Law (Number 10 of 2005) (LCEL)
for the Palestinian Territories, the Central Election Commission is responsible for administratively responding to complaints in two specific areas: 1)
allegations of inaccuracies in voter registries; and 2) objections to registration of candidate lists and nomination of candidates.
These CEC decisions are subject to judicial appeal at the judicial level of
Courts of First Instance (FICs). These courts are designated by the 2005
LCEL as the “competent court” for bringing challenges (appeals) of decisions reached by the CEC (or through its subordinate branches) upon complaints alleging inaccuracies in voter registries and objecting to registration
of candidate lists and nomination of candidates. The FICs are also granted
the very significant jurisdiction to hear objections contesting the officially
announced election results. Importantly, the LCEL provides that the FICs’
judgments on challenges to the CEC decisions and on objections to election
results are final. In advance of local elections in the Palestinian Territories,
the CEC appears ready to coordinate with the FICs to ensure cases coming
to the FICs are properly prepared, and to engage in joint training.
Unfortunately, the LCEL gives no guidance as to the process for the CEC or
See Electoral Commission of Ghana, Electoral Reform, http://www.ec.gov.gh/node/10.
IFES, Technical Assistance to Strengthen the Complaints and Appeals Process for Local
Council Elections in the Palestinian Territories (April 2010) (concept paper).
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