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Last instance body dealing with electoral disputes

Afghanistan

Afghanistan

Answer
Electoral Complaints Commission of Afghanistan (ECC)
Source

Election Law, 2014

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

 

Filing and Recording Objection and Complaint

Article 63:

[…]

(2) A candidate and or his/her agent may file acomplaint during voting, counting and or within 48 hours after the Election Dayin the center and provinces. The provincial complaint commissions are obligedto finalize and publish the results of their investigations in regard to thesecomplaints within 10 days following the Election Day.

(3) In case the complainant candidate may not besatisfied with the decision of the provincial complaint commission, he/she maypersonally or through his/her authorized representative file a writtenobjection with the Central Complaint Commission within 72 hours after thepublication of the decision.

(4) The Central Complaint Commission is obliged to re-investigatethe instances of the objection over the decision of its provincial commissions’decisions in the light of the documents and evidence, and issue its finaldecision.

(5) The Central Complaint Commission shall not delayadjudication of the complaints and challenges filed against the decisions ofits provincial commissions for more than a month after the Election Day.

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

Comment
Electoral Complaints Commission of Afghanistan (ECC) has provincial sub-commissions in 34 provinces. The provincial ECCs hear the complaints as a first instance body, appeals then can be submitted to Central Complaints Commission. Only in exceptional cases, the Central Complaints Commission may be the primary authority of hearing the electoral complaints.
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