Guidelines for Understanding, Adjudicating,
and Resolving Disputes in Elections
from the results, or when a repeat election must be held. In other countries, nullification requires a ruling by a designated adjudicating body or by
a court.
Regardless of a party’s or candidate’s expectation that they can
have the results overturned if they prevail in court, it is a generally accepted
standard that election results are only overturned if the seriousness and
magnitude of the violation is of such significance that the outcome can no
longer be determined. In most jurisdictions there is a reluctance to overturn
results, and approaches to the treatment of tainted votes are based on the
almost universal principal that they should only be overturned if the number
of tainted votes is greater than the number of votes separating winners and
losers. Even if an entire polling station is annulled, a repeat election for the
polling station might not be called if the number of votes involved is insufficient to alter the outcome for the electoral district as a whole. It is in cases
where evidence substantiates the perpetration of fraud, gross negligence
and intentional wrongdoing that are more likely to result in the annulment of
results or the repeat of the election.
It is always important to ensure that the rights of parties and candidates to
file legitimate complaints are preserved and that these stakeholders have
access to complaints adjudication processes wherever they are warranted.
It is important that any training of parties and candidates in the area of
election complaints adjudication include sufficient information about these
realities. Accurate information and realistic expectations as to what benefits might be achieved through successful litigation could factor heavily in
helping parties and candidates decide whether or not to pursue their cases.
B. Policy and Practical Considerations for Training Political
Parties
The term “training” should not be taken so narrowly as to replace or preclude other opportunities for preparing political parties to understand and
exercise their rights. EMBs are in a perfect position to ease some of the
doubts and controversies that are likely to arise as political parties avail
themselves of the election complaint processes. It can be uncomfortable
for election administrators to face a barrage of complaints. However, as
guardians of the process and charged with the responsibility and authority
to ensure equal conditions for parties and candidates, EMBs must find
ways to promote confidence and trust in the system.
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