Guidelines for Understanding, Adjudicating,
and Resolving Disputes in Elections
processes. If the major parties fail to attend, the event can be perceived to
be one planned for the “opposition.” Party representatives who do attend
may not always be those who will actually lead the party’s efforts relative
to the filing of complaints.
iv. Differing initial competencies
A separate challenge arises when the political party members attending
the training program have differing initial competencies at the commencement of training. Some attending party members may be well versed in
the nation’s laws pertaining to complaints while others are relying on the
training itself to establish a foundational basis. This scenario places the
trainer in the position of relaying information that may seem redundant
and superfluous to some attendees while simultaneously being essential
to others. Providing a broad outline of the complaints adjudication process
in the form of a handout will help guide less-informed party members
along. Basic information can be gleaned from the document, as it will
serve to answer questions that do not require deep expertise.
The in-
formation orally presented throughout the training session will add more
substance to this foundational layer.
v. Ancillary problems
It is assumed that by the end of training attendees will be well versed
in the proper procedure to challenge election results. A concern that
is not often raised is that training itself gives party members the tools
needed, and possibly the impetus, to delay or discredit election results
with unnecessary challenges. This de facto self-fulfilling prophecy does
not lend itself to being accurately measured or quantified, but it may very
well take place on occasion. Instilling in attendees the importance of integrity and the necessity to follow the will of the voters is the only deterrence for this potential problem, as the only alternative is to discontinue
training political parties how to perform an important function. Penalties
assessed against parties challenging the vote in bad faith would require
a subjective determination that could lead to an unwanted chilling effect,
wherein parties with a basis for a claim might fail to follow through with
it out of fear of potential economic repercussions. Thus, focusing on the
gravity of the function political parties perform is the best deterrence for
these ancillary problems.
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