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This programmatic option describes the various types of assistance that may be provided to ensure the necessary capacity of an electoral authority to process and adjudicate electoral complaints. It further highlights how support to Electoral Complaint Management is one of different response options and a way of strengthening Early Response capacities.
In many countries the electoral management body (EMB) has quasi-judicial or administrative powers to receive and adjudicate electoral complaints in the first instance. Specific to the country and legislation, complaints may be resolved or escalated through increasingly higher levels of the EMB in an internal process of appeals. The final stage of appeal will often involve the regular judiciary.
An early warning system can be instrumental in supporting the EMB by proactively identifying potential incidents and grievances that require to be addressed through the complaint management procedures. By continuously monitoring electoral environments for signs of conflict, violations or misconduct an early warning system can alert the EMB to areas of concern in real-time. This enables the EMB to take preventive action by initiating dialogue, investigating complaints, or resolving issues early in the electoral process. Furthermore, an early warning system can help inform the EMB’s decision on whether to address a complaint internally or escalate it through formal appeals. In coordination with other actors, other routes may be considered as well such as dialogue or mediation efforts.
Where it is decided that a particular incident requires the processing and adjudication by an EMB, the complaint management procedures may be triggered. Delays by the EMB in the processing and adjudication of complaints escalates uncertainty in sensitive periods and may also erode trust in the EMB, escalating suspicion and the risks of electoral violence. Strengthening the electoral complaints management system is therefore an important activity. Legal professionals are often required to ensure that complaints are reviewed and adjudicated in a consistent and timely manner, giving due consideration to the regular rules of evidence and aware of relevant case law.
In most countries, an EMB is not regularly staffed with sufficient legal practitioners to manage the volume of complaints that can arise in connection with registration, polling, and results. Often, an EMB may have a legislative or regulatory authority to second Government lawyers to assist in these tasks. However, in some countries the Government itself may not have sufficient legal expertise to make staff available for extended periods, or perceptions of partisan bias around civil servants may undermine the perceived neutrality of these staff. In these circumstances, support may be requested.
Beyond technical assistance and capacity building in the form of legal expertise, other areas of support may include:
An EMB may directly contract services it may require itself. However, in some cases slow procurement processes, uncompetitive government rates, limited financial resources or zero-growth hiring policies may make this approach unfeasible. In those circumstances, international service providers may be able to assist by allocating funds and supporting through hiring of expertise. It may further support through sharing of international best practices.
Where multidisciplinary consultants are hired, the terms of reference, performance and management of the consultants need to be carefully considered to ensure EMB ownership of the process.
Where the activity involves an outreach component, it can implement targeted awareness campaigns to inform young people about the importance of the complaints management process, their rights as voters, and how they can report electoral issues. Tailor messaging to resonate with younger audiences, utilizing social media platforms and interactive digital content.
Furthermore, consider training young people as “electoral complaint ambassadors” who can engage with their peers, educate them on the complaints system, and help facilitate the reporting of incidents. Youth ambassadors can bridge the gap between the EMB and younger voters, fostering trust and encouraging participation.
Where the activity looks at enhancing the system, encourage the involvement of youth representatives in consultations about complaints management reforms, ensuring that their perspectives and experiences are included in decision-making processes. Youth-focused NGOs can also be engaged to provide insights into youth-related issues.
Where the activity involves a capacity building component, consider providing specific training for EMB staff on gender sensitivity, including recognizing and appropriately addressing complaints related to gender-based discrimination or harassment. This can enhance staff awareness and responsiveness to gender-specific issues.
Where the activity looks at enhancing the system Involve gender-focused organizations and representatives in the planning and implementation phases, and consider establishing a gender quota for consultations or working groups to ensure diverse input. Highlight and address issues that disproportionately affect women or gender minorities in electoral processes.
Multi-Language and Multi-Format Communication: To reach a diverse audience, consider using multiple languages and accessible formats, such as infographics, videos, and FAQs, to explain the complaints process and how it’s being improved, if the case. This ensures that all voters can understand and engage with the information.
Engagement with Media and Civil Society: Collaborate with media outlets and civil society organizations to disseminate information widely and credibly. Hosting press briefings or public forums can further encourage public discussion and understanding of the importance of the complaints management process.
Establishing Clear Roles and Communication Channels: Define roles and responsibilities for each stakeholder involved in strengthening the complaints system. This can include setting up regular coordination meetings and designating points of contact to streamline communication and decision-making.
Involvement of Legal Experts and Advocacy Groups: Partner with legal experts and advocacy groups to strengthen the procedural integrity of the complaints management system. These groups can provide specialized support in areas like legal reform, capacity building, and public awareness.
Engagement with International Partners: Where appropriate, involve international organizations and donors that specialize in electoral assistance.
Capacity Building and Skills Transfer: Prioritize training and skills transfer to EMB staff, ensuring they are capable of maintaining and operating the complaints management system independently. Include training on new digital tools, case management practices, and legal procedure where relevant
Leveraging Local Resources: Explore partnerships with local organizations or institutions to leverage existing resources, such as legal aid services, technology providers, or community groups, reducing reliance on external funding and expertise over time.
Institutionalizing the Complaints System, if not already: Work toward formal recognition of the complaints management system within the country’s legal framework, which can include legislative backing for funding and resources. This can help institutionalize the system and make it a permanent, integral part of the electoral process.
Developing a Monitoring and Evaluation (M&E) Framework: Implement a robust M&E framework to regularly assess the effectiveness of the complaints management system. Feedback from stakeholders, particularly voters, can be invaluable in refining processes, ensuring relevance, and fostering a continuous improvement culture.
The cost centres will vary depending on the type of support provided, namely whether it concerns legal expertise mainly, or digital tool development/expansion and/or an outreach component. Generally, costs to consider include:
The administrative processing and filing of complaints will often require additional administrative support staff to assist in their management, including retrieving documentary information, maintaining files and tracking case progress.
The geographical size of a country, logistical and communication capacity may require legal complaint teams to be decentralized. This can impose challenges for the consistency of treatment of complaints. An internal communication system should be established to ensure the review and consistent treatment of cases.
An internal management system that tracks, categorizes and processes electoral complaints for the EMB is an essential component of effectively managing electoral disputes. The recruitment of legal professionals absent such a system will only have a limited impact on the process. Accordingly, if a management system is not in place, steps should be taken to design and implement a system to support the process.
In some situations, a poor managerial or logistical capacity to transfer paper complaints to legal teams (especially those filed at polling stations) can hinder the timely processing and adjudication of complaints. Dedicated staff and resources are often necessary to recover complaints from the field in a timely manner.
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