- 15 V.
CDL-AD(2020)025
Grounds for complaints and decisions, actions or inactions open to challenge
A. Types of complaints, challenged decisions, actions or inactions
49. Regarding the existing standards, the Code of good practice in electoral matters lists a
number of issues that should be subject to complaints: “The appeal body must have authority
in particular over such matters as the right to vote – including electoral registers – and
eligibility, the validity of candidatures, proper observance of election campaign rules and the
outcome of the elections.”71 Violations of the applicable rules in all these fields should be
grounds for complaints and appeals.
50. The wording makes it clear that the list is not exhaustive. In the Explanatory Report, the
Guideline is explained as follows (para. 92): “If the electoral law provisions are to be more than
just words on a page, failure to comply with the electoral law must be open to challenge before
an appeal body. This applies in particular to the election results: individual citizens may
challenge them on the grounds of irregularities in the voting procedures. It also applies to
decisions taken before the elections, especially in connection with the right to vote, electoral
registers and standing for election, the validity of candidatures, compliance with the rules
governing the electoral campaign and access to the media or to party funding.” The Code of
good practice in electoral matters recommends that all violations of electoral law or
irregularities in its exercise be in principle considered as sufficient grounds for complaints and
appeals, covering a wide range of appealable decisions, actions or inactions corresponding to
pre-election, election-day and post-election phases of an electoral process.
51. This notion covers numerous different situations; overall, it potentially concerns almost all
steps of an electoral cycle: registration and de-registration of voters and candidates;
complaints that may arise during the official campaign; complaints following decisions issued
by election commissions as well as actions/inactions of these bodies,
decisions/actions/inactions of public administrations, public agencies and any other relevant
electoral stakeholder, impacting the electoral process; complaints on e-day procedures; and
complaints on the results (their tabulation, transmission, issuance).
52. In principle, any breach of electoral law affects the exercise of electoral rights, freedoms,
and interests of electoral stakeholders directly or indirectly, or possibly affects the outcome of
elections. Thus, such a breach should constitute a ground for complaint. All the 59 countries
analysed provide in their legislation the possibility to lodge a complaint before the competent
body for violation of the law during the pre-electoral phase of an electoral process. Similarly,
all the 59 countries analysed explicitly offer the possibility to lodge a complaint regarding voter
71
Guideline II 3.3.d.