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
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