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Findings of the 18th ACEEEO annual conference „Judicial Protections of Electoral Rights”

Findings of the 18th ACEEEO annual conference „Judicial Protections of Electoral Rights” 3-5 September 2009, Yerevan, Armenia. Forum for the Future of Democracy, Kyiv, 21-23 October 2009. 1. Findings. Beside the EMBs, the courts have a significant role in resolving the election disputes

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Findings of the 18th ACEEEO annual conference „Judicial Protections of Electoral Rights”

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  1. Findings of the 18th ACEEEO annual conference „Judicial Protections of Electoral Rights” 3-5 September 2009, Yerevan, Armenia Forum for the Future of Democracy, Kyiv, 21-23 October 2009

  2. 1. Findings • Beside the EMBs, the courts have a significant role in resolving the election disputes • Not to compete, but to complement • Clear responsibilities – clear and coherent legislation • Guarantee, that the electoral process is correct

  3. Court levels - Sentences • Constitutional court • Supreme courts • Ordinary (first level) court – lack of resource • Special electoral court • Sentences • Socially useful sentences • Sentences must be efficient to solver any inter- or intra party conflict

  4. Court 2 • Conflict resolution – Capacity to revoke candidacy to support electoral institutions • Judicial attribution is important to resolve close election results • Courts are not resolving political issues, but only jurisdictional.

  5. 2. International standards - Venice Commission of the Council of Europe (2002) „Guidelines on Elections: Code of Good Practice in Electoral Matters” the only valid international document which deals with the judicial protection of electoral rights -ACEEEO annual conference held in Moscow on September 26 – 28, 2002approved the „Draft Convention On Election Standards, Electoral Rights and Freedoms” that contains recommendations on judicial protection of electoral rights

  6. List of the problems and challanges • Timing issues:hundreds of complaints should be resolved during a short period (1-3-5 days) – resources, legislation • Candidate registration: • falsification of the signature - • insufficent number of signatures • unregistered political parties • ineligibility of nomination • irregular documentation • missed deadlines

  7. List 2 • Voters registration • incomplete voters list – information to the voters – period of time – only permanent address - ID card • Specific persons • active voter can choose which address to vote • addressess by the municipality • Change the addressees

  8. List 3 • Election day • electoral silence – campaign ban • inaccurate voters list • ballot box stuffing • illegal proxy voting • missing ballots • partisan observers influencing the voters in/around the polling station • local polling station staff

  9. List 4 • counting irreguralities • polling station staff • voting in the other polling station

  10. List 5 • Counting and tabulation • wrong metodology (different) • auditing process (computers) • valid/invalid • consillations problems • interfering non-authorised persons • change of custody (transportation, logistics, security) • arbitrary appeal process (some polling stations excluded from the aggregation • transparency of the tabulation

  11. List 4 • counting irreguralities • polling station staff • voting in the other polling station

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