Over the recent years the electoral administration has achieved important
progress in terms of transparency, cooperation with non-governmental organizations
and introduction of new technologies. In 2017 only, the work of the
Central Election Commission (CEC) was recognized with two international
awards. The CEC Chairperson was also awarded in 2017 for her contribution
to development of electoral processes. Such awards are indicative of success,
however the question that remains is whether the work of the electoral administration
was equally successful in all areas.
Over the last two years the work of the electoral administration with regard to
consideration of electoral complaints in the pre-election period was less than
successful. Resolving election disputes the right way is a tool for creating fair
and competitive electoral environment. The electoral administration, which is in
charge of considering and deciding disputes envisaged by the legislation, plays
an important role in this regard. It should establish the right practice, in compliance
with the spirit and goals of the electoral legislation. With its decisions the
electoral administration should help create high standard, as a precondition for
creating equal electoral environment.
Instead the electoral administration has failed to adequately address the challenges
raised by several precedent-setting cases. Its use of electoral norms is
completely against the purpose of the electoral legislation. NGO sector criticized
the work of the electoral administration in resolution of election disputes
as it found that the electoral administration provided narrow interpretation of
norms and avoided taking of responsibility for election disputes.
The present document summarizes the reasons why the work of the electoral
administration with regard to resolution of election disputes is problematic;
what caused the criticism of NGOs; which decisions of the electoral administration
was the most unacceptable, and the practice established by the electoral
administration with its decisions, which will have a negative impact on the
electoral environment in the long run.
Pre-Election Disputes Achilles Heel of the Electoral Administration << Back