Electoral legislation at all levels should not conflict.
- Especially with dual complaint and appeal procedures, which involve electoral commissions and ordinary courts, the electoral law should clearly regulate the respective powers and responsibilities so that a conflict of jurisdiction can be avoided. Neither the appellants nor the authorities should be able to choose the appeal body (see CDLAD(2002)023rev, II.3.3.c. and para. 97). Thus, the possibility of concurrent complaints procedures is avoided. Furthermore, it should be clear which bodies act as first instance fact finding bodies and which bodies act as appellate review bodies.
- Whatever the source, legislation should be consistent with other laws and provide adequate detail on all aspects of the electoral process, limiting the opportunity for inconsistent or subjective interpretation.
- Election legislation should avoid conflicting provisions between laws governing national elections and laws governing local elections. The provisions governing the administration of national elections should be in harmony with the provisions governing local elections.
- Legal framework drafters should also ensure that the constitution, laws and regulations concerning elections are consistent with one another.