The opportunity should exist to present evidence in support of a complaint.
- Going beyond the requirements and practices described earlier, some additional best practices for handling election complaints and appeals include the following: The opportunity to present or submit evidence in support of a complaint.
- The law should allow consideration of any evidence that is sufficiently credible and enables the interests of voters and justice to be served. Overly formalistic or strict requirements concerning evidence should be avoided.
- It is the duty of the legal authority to hear and study the arguments presented. Likewise, all parties must be guaranteed the right to present evidence in support of their claims; and the respective authority has an obligation to weigh up the evidence and to evaluate the claims presented by both parties.
- There must be a catalog of evidence that can be presented before judicial authorities. It should be comprehensive, including evidence such as documents, testimonies, and expert witnesses. The basic inadmissibility of certain evidence should be accounted for in the law.
- The EDRS should guarantee the right to a defence or to a hearing on a challenge both to the complainant and to the person or body complained against. This includes both the opportunity to make their arguments and the obligation on the EDRB to hear and study them.