7. Conclusions
EMBs and courts of general jurisdiction are most frequently the bodies
that hear electoral complaints in the first instance. In more than half
of the countries with more than one level of adjudication, the highest
levels of courts of general jurisdiction, such as supreme courts, high
courts and courts of appeal, perform the role of the last-instance body.
These findings indicate that, across the globe, electoral disputes are
most often processed within the general court system. Constitutional
courts or councils are the next most likely to perform the role of EDR
body. When they hear complaints in the first instance, their decisions
cannot be appealed in almost all circumstances. As the last-instance
body, constitutional courts and councils deal with electoral disputes in
less than 7 per cent of countries, but mostly hear appeals against the
decisions of EMBs.
Of the entities that are entitled to submit electoral complaints, the
research found that candidates and political parties can submit
elections-related complaints and challenges in the vast majority
of countries. However, the research found a problem in the way
voters—key stakeholders in elections—are entitled to submit electoral
complaints. Legislation in only 47 per cent of countries allows voters
to submit election results-related complaints; and complaints related
to candidate/party registration or nomination in only 30 per cent of
countries. These findings require additional enquiry into the causes
and effects of such a wide pattern of legal exclusion of voters from
raising electoral challenges.
The research findings on EDR procedures point to some areas of
concern, although these relate mainly to the extent to which legislation
contains clear provisions. There is clear evidence that legal documents
in many countries completely overlook or fail to prescribe clear rules
on the specific procedural requirements or components of EDR
mechanisms. These oversights and omissions could effectively create
procedural barriers for both EDR bodies and complainants. EDR
bodies could lose control over electoral dispute-resolution procedures
and complainants might not have a clear idea about when and how
complaints can be submitted or what to expect from EDR bodies.
The worst outcome would be diminished public trust in electoral
institutions.
The research found that only 48 per cent of countries have oversight
institutions with powers to impose administrative sanctions against
infractions related to campaign finance. In 23 per cent of countries,
campaign finance infractions are considered solely as criminal acts. The
legislation of the remaining 29 per cent of countries does not provide
for any oversight of campaign finance. It would be desirable to conduct
further studies to understand why this aspect of elections remains
unregulated in so many countries. Unclear legal provisions were
also found in regulations covering EDR procedures for dealing with
disputes related to campaign finance. The absence of clear provisions in
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