Each phase of an electoral process can give rise to conflicts and complaints about decisions of the electoral administration. One must, however, distinguish the possible complaints by considering their cause, effects and the entity involved: a single mistake on the voters register cannot be handled the same way as a political party with a powerful representation that has been excluded from a candidacy; neither can a complaint, because of an interruption of an electoral meeting, be treated like the fraudulent naming of a candidate that received less votes than his opponent.
The electoral systems, in turn, can leave the solution of conflicts of this kind to three types of bodies:
- the electoral administration itself (whether in its purely administrative capacity or as a special electoral court)
- the ordinary courts of justice
- the organs that control constitutionality
Each of these possible bodies requires one prior condition--it must possess an effective statute of independence, and it must be recognised by the contenders, so that its decisions will be accepted peacefully by them and will contribute to the diligent honesty of the electoral process.
See also Prosecution and Judicial Proceedings under Election Integrity.
