Electoral Dispute Resolution

The Organic Law of the Central Election Commission has given power to the CEC to, among other roles,  be in charge of managing, conducting and supervising election, recall and referendum and other relevant issues. The penalties fo violation of election, recall and referendum regulations, processes of major dispute cases processing should be approved by the committee members meeting.

Relevant Legal Issues in the Presidential Election Dispute

There are two types of election suit the candidate may bring to the court:

When an election commission has violated the law so as to affect the results of an election, a candidate may bring a suit against that election commission to request nullifying the election pursuant to Article 102. When the court has adjudicated and declared the invalidity of the election, the election shall be null and void. A period of time shall then be set in which a by-election be held.

When the number of ballots won by the elected President and Vice President is so inaccurate as to have affected the election results, a candidate may sue the elected President and Vice President for the nullification of a candidate being elected pursuant to Article 104. When the court has adjudicated and declared the invalidity of the candidate being elected, the Central Election Commission shall announce the accurate election results according to the judgments by court.

Pursuant to Article 107, a judgment on the invalidity of an election or of a candidate being elected shall not affect official duties undertaken as an elected official during the period of his taking office.

Pursuant to Article 111, election suits shall be finally adjudicated in the court of second instance (Supreme Court) and be no more de novo trial. Each competent court shall make judgment within six months.

The Presidential and Vice Presidential Election and Recall Law does not authorized the Central Election Commission to recount the ballots. In election suits procedure, the competent court may seize and recount the ballots according to the Code of Civil Procedure. If criminal cases occur, the prosecutor or competent court may seize and recount the ballots according to the Code of Criminal Procedure.

Source

The Organic Law of the Central Election Commission  http://web.international.ucla.edu/institute/article/9436

 

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