Who may file a complaint?

Election Law, 2014

http://iec.org.af/pdf/legalframework/law/electorallaw_eng.pdf

List of Candidates

Article 46:

(1) The Commission is obliged to publishthe preliminary list of candidates soon after the completion of the nominationperiod.

(2) The persons, who may have objectionsto the preliminary list of the candidates, may submit their objections to theComplaint Commission within a maximum of two weeks following the publication of the list.These objections shall be addressed in compliance with the relevant procedureand this decision shall be final.

(3) Once all the objections are addressedby the Complaint Commission, the final list of candidates shall be published bythe Commission. This list shall be unchangeable.

(4) The Commission is obliged to displaythe final list of candidates at the polling centers on the Election Day.

Filing and Recording Objection andComplaint

Article 63:

(1) Natural and legal persons may, within48 hours of the publication of the preliminary list of candidates, fileobjections in regard to their ineligibility.

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(3) In case the complainant candidate maynot be satisfied with the decision of the provincial complaint commission,he/she may personally or through his/her authorized representative file awritten objection with the Central Complaint Commission within 72 hours afterthe publication of the decision.

(4) The Central Complaint Commission isobliged to re-investigate the instances of the objection over the decision ofits provincial commissions’ decisions in the light of the documents andevidence, and issue its final decision.

(5) The Central Complaint Commission shallnot delay adjudication of the complaints and challenges filed against thedecisions of its provincial commissions for more than a month after theElection Day.

(6) In case the time determined in theparagraphs 1, 2 and 3 of this article coincides with holidays, the hours of theholidays shall be deducted from the time determined.

Regulation on Registration of Candidates, 2013

http://iec.org.af/pdf/legalframework/2013-regulations/eng/reg_candidate_registration_eng.pdf

Article 5:

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6) Those applicants whose applications arerejected by the Commission may appeal to the Electoral Complaint Commissionwithin 8 days after the notification. The ECC shall officially advise theCommission of its final decision on the issue.

Challenges

Article 6:

1) After publishing the preliminary list,representatives of political parties, candidates and every citizen eligible tovote may challenge ineligibility of the candidates included in the preliminarylist (presidential candidates, vice presidential candidates and provincialcouncil candidates).

2) Challenges shall be filed within 8 daysafter publishing the preliminary list and submitted to the ECC.

3) The ECC shall make decision oneligibility or ineligibility of the candidates included in the preliminary listtaking into account the regulations.

4) The ECC shall submit its final decisionto the Commission with regards to the challenges before the end of thedetermined period.

5) The IEC shall cooperate with the ECC onavailability of relevant documents.