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Electoral Dispute Resolution Bodies

he EMB may have to deal with electoral dispute resolution bodies that may have powers to deal with issues such as challenges to EMB decisions, disputes between the EMB and other stakeholders such as political parties, legality of content of EMB regulations, or challenges to the election results announced by the EMB. These bodies may be judicial, quasi judicial, or less formal conciliation bodies. Their decisions can greatly affect the activities and public perceptions of the EMB.

General openness with these bodies – including ensuring that they are well informed on all EMB activities and decisions through regular meetings, receive all EMB publications, and are invited to inspect EMB operations – can assist in maintaining a good relationship. This needs to be done in a manner that does not, and does not appear to, impinge on the independence of decision-making of either the EMB or the dispute resolution body.

Of critical importance is that the EMB be professional and cooperative in any investigations of electoral disputes by these bodies. It will be difficult to maintain a good relationship if the EMB is obstructive of a dispute resolution body’s access to relevant electoral materials or sites, if it lobbies to limit the powers of such bodies, or if its presentation of evidence on disputes is not professional.

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