First instance body dealing with electoral disputes

Law on theStructure, Duties and Authorities of the Independent Election Commission andthe Independent Electoral Complaints Commission, 2014

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

Article 20:

1- The Central Complaints Commission andProvincial Complaints Commissions shall be established to address theobjections and complaints arising from violations and infringements related toelectoral affairs.

2- The Complaints Commission shallestablish and make functional its provincial commissions in each province atthe time of conduct of elections.

3- The Complaints Commission shall prepareand devise its budget in consultation with the government and shall beindependent in its spending.

4- The chairperson, deputy chairperson andsecretary of the Central Complaints Commission and the Provincial ComplaintsCommissions shall be elected by members of the commissions.

Article 26:

The Complaints Commission shall have the authority ofadjudication and taking decisions in the following instances:

1- Complaints related to electoral violations andinfringements including the instances of violation of law in the execution ofthe electoral process.

2- Instances of objections concerning the list ofcandidates and requirements and qualifications of the candidates which areposed during the election process.

3- Taking disciplinary action and imposing cash finesin accordance with the provisions of the Election Law.

4- The Complaints Commission shall prepare theprocedure and manner of adjudication on complaints and act accordingly.

5- Suggesting to the government, amendment to theElection Law and this Law.

6- Adjudication on the complaints arising from theelectoral violations provided that the complaint has reached prior to thecertification of the results of elections.

7- The Central Complaints Commission shall review onceagain the decision of the Provincial Complaints Commissions in case ofdissatisfaction of the complainant or at its own discretion.

8- The Provincial Complaints Commissions shall be theprimary authority of adjudicating on the electoral complaints. In exceptionalcases, the Central Complaints Commission may be the primary authority ofpondering the electoral complaints.

9- Issuance of warning or instruction to a violatingperson or organization to take remedial action.

10- Taking decision on re-polling or re-counting ofvotes prior to the certification and announcement of the results.

11- The Central Complaints Commission may, in case ofpresence of evidences of committing a crime, refer the violator to theAttorney’s Office for judicial prosecution.

12- Decision made by the Central Complaints Commissionshall be ultimate and unchangeable. 

Electoral Complaints Commission ofAfghanistan (ECC) has provincial sub-commissions in 34 provinces. Theprovincial ECC hear the complaints as a first instance body, appeals can besubmitted to Central Complaints Commission. Only in exceptional cases, the Central ComplaintsCommission may be the primary authority of hearing the electoral complaints.