CDL-AD(2020)025
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67. It is normal that the vast majority of the countries allow voters to challenge inaccuracies
on voter lists as they are primarily concerned by such potential inaccuracies. This is in line
with the Code of good practice in electoral matters underlining that “there should be an
administrative procedure – subject to judicial control – or a judicial procedure, allowing for the
registration of a voter who was not registered”.97 The Code of good practice does not mention
the candidates as a potential category entitled to challenge such inaccuracies. Nonetheless,
a small number of countries also allow candidates to challenge potential mistakes, which is
welcome, provided that these same countries also allow voters to challenge voter lists. The
capacity for requesting such corrections may be restricted to electors registered in the same
constituency or at the same polling station, as underlined by the Code of good practice in
electoral matters.98
68. Candidate registration – In 44 countries, prospective candidates are competent to
complain against the refusal of their registration.99 In 11 countries, voters are also competent
to complain on this step of the electoral process.100 In three countries, no elements were found
in the electoral legislation about the possibility to challenge decisions in this field.101
69. Refusals of candidate registration should be mostly challenged by prospective
candidates. While they are directly impacted by a possible refusal of registration, this also
impacts the freedom of voters to form an opinion and ultimately to express their wishes if
candidates from some political colours are not present in the political arena. Therefore, it would
be an improvement for the transparency and the pluralism of electoral processes to allow
voters to challenge refusals of candidate registration in other countries than the 12 identified
by the report.
70. Voting and counting/tabulation procedures – In 25 countries, voters are competent to
complain on potential irregularities during the voting – during early voting, if any, or on election
day, including concerning counting and tabulation procedures.102 In 33 countries, candidates
are also competent to complain on these steps of the electoral process.103 In seven countries,
observers are competent to complain on such steps.104
71. Voters and candidates should have standing when they are impacted, for example by
biased election results, but also by potential irregularities in voting and counting procedures.
It is therefore recommended that countries include on a broader scale in their electoral laws
97
Code of good practice in electoral matters, Guideline I. 1.2 iv.
Guideline I. 1.2 v and Explanatory Report, para. 7.
99 Algeria, Albania, Andorra, Armenia, Belgium, Bulgaria, Bosnia and Herzegovina, Croatia (political party) Czech
Republic, Estonia, France, Georgia, Germany, Hungary (political party), Iceland, Ireland, (spokesperson for the
constituency nomination) Republic of Korea, Kosovo, Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Mexico,
Republic of Moldova, Monaco, Montenegro, Morocco, the Netherlands, North Macedonia, Norway (candidate or
registered political party) Peru, Poland, Romania (candidate or electoral competitors), Russian Federation, San
Marino, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Tunisia, Turkey, Ukraine, United States of
America.
100 Azerbaijan, Brazil, Canada, Chile, Italy, Kazakhstan, Luxembourg, Malta, Portugal, Serbia, United Kingdom.
101 Austria, Denmark, Finland.
102 Andorra, Brazil, Belgium, Chile, Costa Rica, Czech Republic (when challenging election results – further:
“election results”), Denmark (election results), Germany (election results), Hungary (election results), Iceland
(election results), Ireland (election results), Italy, Republic of Korea, Kosovo, Lithuania, Luxembourg, Malta,
Montenegro, the Netherlands, Norway (election results), Poland (election results), Portugal, Russian Federation
(election results), San Marino, Ukraine (unlike other potential claimants, a voter has to prove that his or her rights
or interests have been violated by an infringement during a voting, counting or tabulation operation).
103 Albania (election results), Algeria, Armenia, Austria (political parties), Azerbaijan (all electoral subjects), Bosnia
and Herzegovina, Bulgaria, Canada, Croatia (election results) Estonia, Finland (election results), France, Georgia
(representatives of electoral subjects), Kyrgyzstan, Latvia, Liechtenstein, Mexico, Republic of Moldova, Monaco,
Morocco, North Macedonia (election result), Peru, Russian Federation (election results), Slovenia, Slovak Republic
(election result), Spain, Sweden, Switzerland, Tunisia, Turkey (political party representatives), Ukraine, United
Kingdom, United States of America (election results).
104 Bosnia and Herzegovina, Bulgaria, Croatia, Georgia, Kyrgyzstan, Tunisia, Ukraine.
98