Guidelines for Understanding, Adjudicating,
and Resolving Disputes in Elections
to understand who the target audience is and what they do or do not know.
Most often, the largest challenge faced in training is that competency must
be attained in a short period of time.
Before focusing on the task of training EMBs in electoral complaints
adjudication, it is necessary to understand the challenges faced in developing training programs for election officials in general, especially in
countries where democratic election systems have not yet had the time
to fully mature.
B. Challenges
i. Electoral complaints adjudication systems are still developing
The discipline of electoral complaint management is still evolving. For
many years, electoral complaints were primarily the domain of legal systems. This had its drawbacks, especially in those countries where the
legal system was not held in high regard or was tarred as being unduly
guided by political influences as opposed to an overarching notion of “justice.” In some contexts, opposition leaders often felt they could not get
a fair hearing due to the lack of objectivity on the part of politically appointed judges. In addition, courts often move at a glacial pace. Courts
have systems of due process that err on the side of thoroughness and
thus can sometimes be ill-suited for quick resolution of cases. This is not
advantageous when an election hangs in the balance. As a result of these
factors, many countries are moving towards systems where more and
more election complaints are handled by special election courts, by EMBs
or by commissions specifically created for deciding election cases. Such
institutions primarily deal with administrative rather than criminal matters
while the court system remains the channel for dealing with appeals.
A few examples illustrate the diversity of systems in place in many countries employing mixed systems.
• In Latvia, complaints and appeals are regulated by several laws
and executed by a number of judicial and administrative bodies. Decisions of Municipal Election Commissions and Polling
Station Committees may be appealed to the Central Election
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