III. Standard Election Dispute Monitoring System The following section outlines a standard election dispute monitoring system, which includes the following components: • An election dispute resolution scheme, which aims to map out the legal provisions outside the election laws within which election disputes are decided; • A database used to trace complaints and appeals through to their resolution; • An election dispute analysis matrix, which consists of a list of inquiries which the database can assist in answering, and which can serve to indicate election dispute trends in a given country; • An organizational scheme for the election dispute monitoring team within an election observation mission; • Guidelines for long term observers and comments. A. Election Dispute Resolution Scheme The election dispute resolution scheme is in a table format, structured as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Activity Election Related Violations Legal Provision Defendant Who Can Complain Where Deadline For Complaint Deadline For Consideration Appeal Sanction • Columns one and two describe the type of category outlawed. • Column three indicates which laws or codes refer to the election-related violation or activity or list it as an offence. • Column four refers to the person or institutions likely to be accused. • Column five refers to the interested party. • Column six indicates the forum with jurisdiction over the violation. • Columns seven and eight give the time limits imposed by law. • Column nine describes whether there is the possibility for an appeal by either party. • Column ten indicates what the outcome of a guilty verdict could be and what the enforcement mechanisms are. The table is then divided under the following row headings, to indicate roughly chronological phases of the elections: A. B. C. D. E. Pre-election registration Election campaign Election day issues Post voting issues General issues This scheme serves to readily assess if the given legal system contains the necessary provisions to uphold the core principles of election dispute resolution. For instance, the lack of an appeal provision would violate a State’s OSCE commitments. Or, where there is no sanction foreseen, the possibility of enforcing a remedy in the case of a guilty verdict should be monitored. Finally, whether the provisions outlined are enforced or applied efficiently by 16

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