III. DISCUSSION OF THE DRAFT NATIONAL ELECTIONS LAW AND THE DRAFT ELECTION COMMISSIONS LAW

W. Complaints and appeals

Articles 44 and 45 should be amended to state a clear complaint process that defines the roles of each level of election commission and each level of court. This process should also identify which bodies act as fact-finding bodies of first instance and which bodies act as appellate review bodies. Proceedings on complaints and appeals for violations of electoral rights, including within election administration and in the courts, should be transparent. Hearings and proceedings on complaints and appeals must be open to the public and observers. Decisions on complaints and appeals should be written and provide an explanation of the supporting law and facts. The Venice Commission and OSCE/ODIHR recommend that Articles 44 and 45 be amended to:

• Require that all hearings and proceedings on election disputes be open to the public, observers, and the media.


• Establish simple and accessible procedural and evidentiary rules for the adjudication of election disputes so that citizens and electoral subjects can protect their rights without having to be knowledgeable of the various aspects and nuances of different laws.


• Require that decisions on complaints and appeals be written and provide an explanation of the supporting law and facts.