An adequate complaint procedure for participants in the electoral process is vital if the guiding
principles (see Guiding Principles) are to be fully and effectively implemented. An adequate procedure will
ensure that grievances can be aired and considered in an accessible, impartial and timely fashion
and that effective remedies are available.
Complaints will range, for example, from minor errors in registration details to ones that, if
sustained, could have the effect of overturning the results of the election. Since there is a
potential wide range of complaint types that could have varying consequences, procedures
should be in place that will allow for different types of complaints to be considered at different
stages of the process. The stages, or phases, in the electoral process include voter registration,
party registration, boundary delimitation, candidate registration, campaign finance issues,
appointment of election officials, voting, count procedures, and determining results. Time and
authority are of the essence, and each phase of the process should have time limits for action,
although each country will have a system that is appropriate to its customs. Above all, it is
important that disputes be resolved while they are still relevant.
There are essentially three models for the handling of complaints:
- EMB investigates and makes rulings (decisions may be reviewable by a higher EMB or an
appellate or supreme court)
- special electoral tribunals convened (see Mexico example)
- directly through use of the regular court system (as in the UK)
In addition to formal complaint procedures, it is important to recognise that informal dispute
resolution avenues, including the use of mediation, might be appropriate under certain
circumstances.
Any adequate process must be accessible, which means not only that the people should
understand how to complain but also that the number of obstacles placed in front of them should
be minimal. This must include such things as the distance required to travel for a hearing or the
cost of bringing an action, especially if the complaint is to be heard in the judicial arena.
Another critical element of any complaint procedure is that it be impartial. This will generally
require that either the body hearing the complaint be, and be perceived as, nonpartisan or that
the various parties all be represented on the body that hears and rules on complaints. An
election process that is otherwise free and fair will not be so if the complaint procedure is not
impartial.
Finally, legal sanctions, including fines, imprisonment, or suspension or cancellation of a party
or candidate qualification, must be available to the body hearing the complaint.
