Summary
Proceedings on complaints and appeals must be transparent.
Obligations
Election Parts
Criteria
Quotes
- We, Ministers and Heads of Delegation of the States and Governments of Countries using French as a common language, (…) 4 - Undertake the following commitments: (…) B. For the holding of free, fair and transparent elections (...) 8. To ensure that the organization of elections, from the preparatory stage through the election campaign to the counting of votes and the proclamation of results, including, where required, the resolution of any disputes, is conducted in full transparency and is handled by credible bodies whose independence is recognized by all.
- We, Ministers and Heads of Delegation of the States and Governments of Countries using French as a common language, (…) 4 - Undertake the following commitments: (…) B. For the holding of free, fair and transparent elections (...) 8. To ensure that the organization of elections, from the preparatory stage through the election campaign to the counting of votes and the proclamation of results, including, where required, the resolution of any disputes, is conducted in full transparency and is handled by credible bodies whose independence is recognized by all.
- The appeal body must be competent to deal with the sphere covered by these guidelines, in particular with: - the franchise and electoral registers; - the completion of popular initiatives and requests for referendums from a section of the electorate; - the procedural and, where applicable, substantive validity of texts submitted to a referendum: the review of the validity of texts should take place before the vote; domestic law determines whether such review is obligatory or optional; - respect for free suffrage: - the results of the ballot.
- The procedure must be simple and devoid of formalism, in particular where the admissibility of appeals is concerned.
- Proceedings on complaints and appeals, including within election administration and in the courts, must be transparent.
- The appeal procedure and, in particular, the powers and responsibilities of the various bodies should be clearly regulated by law, so as to avoid conflicts of jurisdiction (whether positive or negative). The law must specifically designate the competent body in each case.
- Responses to complaints should be provided in writing and in a timely manner. All hearings and rulings should be public.
- Publicly available registers of complaints could be considered to improve transparency.
- Where hearings are held, they should be open to the public, media and observers, and any exceptions should be carefully assessed.
- The system of electoral justice should contain norms that uphold the principles of public accountability and transparency. All information regarding legal resolutions and the sessions in which they were issued should be made public and communicated in a language that is simple and accessible to facilitate the understanding of those who are not familiar with the specificities of electoral systems.
- Where the appeal body is a higher electoral commission, it must be able ex officio to rectify or set aside decisions taken by lower electoral commissions.
- Often the requirement to publish extends not only to electoral judicial rulings but also to the proceedings of the sessions in which they are made. Some examples of good practice include those in which EDRBs have agreed to broadcast their public sessions in real time through the Internet, or post their judgements on their website as soon as they are issued, along with the judicial criteria that establish binding precedent where this is applicable.
- The appeal body must have authority to annul the referendum where irregularities may have affected the outcome. It must be possible to annul the entire referendum or merely the results for one polling station or constituency. In the event of annulment of the global result, a new referendum must be called.