Introduction
Introduction
Building upon 22 years of experience in elections, the International
Foundation for Electoral Systems (IFES) gathered resources, experts,
and data to compile a guide to election complaints adjudication. This
guide seeks to advance United States Agency for International Development (USAID) and the Consortium for Elections and Political Processes
Support (CEPPS) technical leadership in this area. It can be used to
educate election administrators, the judiciary and the legal community,
donors, and election stakeholders regarding effective mechanisms for
resolving election disputes and complaints through both formal and
alternative resolution mechanisms.
Because there is a great variety of election complaints adjudication processes in place throughout the world, any examination of a specific mechanism must begin with a look at how that country’s system is organized, and
how it relates to the entire electoral process. An adjudicatory body could
be judicial, legislative or administrative in nature, or some hybrid. The body
could be a permanent standing entity, or formed in anticipation of or as a
response to each election as it takes place. It can be independent of other
branches of the government, or it can be a special court or administrative
agency within the government. Each of these considerations can color
how the adjudicatory body will interact with the election laws and the system as a whole. There is sometimes a need for flexibility and creativity in
the electoral complaints adjudication process to address the different types
of electoral claims that exist. International standards in the adjudication of
electoral complaints are of crucial importance; however, exceptional circumstances sometimes require great flexibility in their implementation as
long as they remain within the minimum bounds of international standards.
There are some electoral irregularities in every major election, but they do
not necessarily threaten the outcome of the elections. However, if such
flaws rise to a level where the credibility and the legitimacy of the election
are jeopardized, remedial measures should be taken in a timely and effective manner. Therefore, this guide will also help draw attention to the need
to address election adjudication issues to enhance election credibility.
3