The disputes arisen during the organisation of elections are settled according to the procedure for review of complaint provided in the election acts and the Referendum Act.Since election complaints must be resolved quickly, election acts provide an obligatory pre-judicial procedure and the right to review complaints has been granted to county electoral committees (first instance) and the National Electoral Committee (second instance). A resolution or an act of the National Electoral Committee is contested directly in the Supreme Court. The law provides short time-limits of proceedings for review of complaints.
Contents of complaint
A complaint is an application submitted to the county electoral committee or the National Electoral Committee to review and to revoke a resolution of the electoral committee or to declare an act of the electoral committee unlawful. Only a person who finds that an act or resolution violates their rights has the right to file a complaint. A complaint cannot be filed in public interests.
Only a resolution or an act of the electoral committee can be contested. Thus, individual acts of the council or the rural municipality or city government cannot be contested under this procedure, but can be contested in administrative court.
Terms of proceedings
A complaint must be filed to the electoral committee within three days as of the contested resolution or act.
The electoral committee reviews the complaint within five working days as of the receipt of the complaint.
Addressee of complaint
A complaint against a resolution or an act of the division committee or the electoral committee of a rural municipality or a city must be filed with the county electoral committee. A complaint against an act of the country electoral committee is filed with the National Electoral Committee.
A complaint against a resolution or an act of the county electoral committee must be filed through the relevant county electoral committee, who will add its explanations and forward all materials to the National Electoral Committee.
Preparation of complaint
A complaint is prepared in writing and it sets out:
- the name of the body with which the complaint is filed;
- the name, postal address and telecommunications numbers of the complainant;
- information on the resolution or a description of the act against which the complaint is filed;
- a clearly expressed request;
- the reasons for the complaint;
- the date.
The complaint must be signed by the complainant.
The electoral committee may refuse to review a complaint which is not in conformity with the requirements or is not filed within term.
Review of complaint in electoral committee
The review of a complaint is public. The electoral committee informs the complainant of the date and place of review of the complaint. The electoral committee either satisfies or denies the complaint, or satisfies it partially. If the complaint is satisfied, the electoral committee may decide to revoke the contested resolution of the electoral committee as well as to perform further acts, e.g. initiate supervision over the activities of the electoral committee or issue precepts to electoral committees.
Filing of complaint with the Supreme Court
If the interested party does not accept the resolution made by the National Electoral Committee after having reviewed the complaint or finds that the resolution of the National Electoral Committee violates their rights, they may file a complaint with the Supreme Court pursuant to the procedure provided in the Constitutional Review Court Procedure Act. The appeal is filed with the Supreme Court through the National Electoral Committee within three days as of the disclosure of the resolution or performance of the act by the National Electoral Committee, who forwards it along with its explanations to the Supreme Court.