Recommendation 4 (Election Administration) Palestine 2006
http://aceproject.org/ero-en/regions/mideast/PS/palestinian-final-report-legislative-and-council/at_download/file
The following amendments should be made to the Election Law to provide an effective mechanism to ensure compliance with the Election Law:
(i) The CEC or another appropriate independent complaints body should be given the power to issue administrative sanctions against proven violations of the Election Law.
(ii) The range of sanctions available to the CEC or the courts should be widened to allow appropriate measures for elections.
(iii) Sanctions should be proportionate to the offence. Criminal prosecution of election offences should be used only for serious offences or upon a referral to the public prosecutor by the CEC.
(iv) Complaints and sanctions should be able to be brought against legally-established bodies, including public bodies and political parties or coalitions, as well as individuals.
(vi) Complaints against alleged violations of the Election Law, especially on election day, should be capable of being submitted by all electoral stakeholders and not just candidates or their representatives.
(v) The list of electoral offences should be clarified as much as is possible. Broad ‘catch-all’ offences should be removed from legislation.
