CDL-AD(2020)025
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96. Candidate registration – In 39 countries,133 the time limits concerning the adjudication
of complaints lodged on refusal of candidate registration are short (i.e. from three to five days
and sometimes less than three days) whereas 11 countries134 provide for longer periods (i.e.
more than five days). Five countries do not provide in their electoral laws any time limit for
adjudicating complaints related to candidate registration.135
97. Similarly to the time limits for lodging complaints on refusal of candidate registration, the
time limits for adjudicating such complaints should be short in order to avoid a disruption of
the electoral calendar and to offer to all candidates the same campaign period.
98. Voter registration and voter lists’ corrections – In 14 countries, time limits for
adjudicating complaints on potential mistakes on the voter list or the absence of registration
are short (i.e. from three to five days and sometimes less than three days).136 In two countries,
time limits for adjudicating such complaints are longer ones (i.e. more than five days).137
99. A majority of the countries providing for specific time limits for adjudicating complaints on
potential mistakes on the voter list or the absence of registration, provide for short periods.
This is welcome in order to avoid disenfranchisement. Two countries provide for longer time
limits whereas 44 out of the 59 countries analysed do not provide explicit provisions regarding
the time limits for adjudicating such complaints. It is essential that voters be able to request
on time corrections on voter lists, including their registration in case of unjustified absence
from the electoral registers. This should be done very quickly, within the official period provided
for scrutiny and corrections on voter lists, in order to allow all eligible voters to vote at the next
elections.
100. Voting and counting/tabulation procedures – In 12 countries, time limits for
adjudicating complaints on potential irregularities during the voting – during early voting, if any,
or on election day, including concerning counting and tabulation procedures, are short (i.e.
from three to five days and sometimes less than three days).138 In four countries, time limits
for adjudicating such complaints are longer ones (i.e. more than five days).139
101. The majority of the countries providing explicit provisions concerning time limits for
adjudicating complaints on potential irregularities during the voting – during early voting, if any,
or on election day stipulate short periods, which is welcome. Similar to time limits for lodging
such complaints, it is advisable that such complaints be adjudicated within a short time frame
in order to avoid delayed announcements of final election results.
102. Election results – In 28 countries,140 the time limits concerning the adjudication of
complaints and appeals lodged against election results are short (from three to five days and
133
Albania, Algeria, Andorra, Armenia, Azerbaijan, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Croatia,
Estonia, France, Georgia, Hungary, Ireland, Italy, Kazakhstan, Kosovo, Liechtenstein, Lithuania, Malta, Republic
of Moldova, Monaco, Montenegro, Morocco, North Macedonia, Peru, Poland, Portugal, Romania, Russian
Federation, San Marino, Serbia, Slovak Republic, Slovenia, Spain, Tunisia, Turkey, Ukraine.
134 Chile, Costa Rica, Czech Republic, Republic of Korea, Kyrgyzstan, Latvia, Mexico, the Netherlands, Sweden,
Switzerland, United Kingdom.
135 Canada, Germany, Iceland, Luxembourg, Norway. In Austria, the denial to stand as a candidate can be subject
to judicial control by the Constitutional Court after the election has taken place. Denmark does not have any appeal
mechanism.
136 Algeria, Armenia, Bosnia-Herzegovina, Bulgaria, Czech Republic, France, Iceland, Kazakhstan, Kyrgyzstan,
North Macedonia, Portugal, Romania, Slovak Republic, Ukraine.
137 Chile, the Netherlands.
138 Algeria, Bosnia-Herzegovina, Bulgaria, Croatia, Italy, Kosovo, Kyrgyzstan, Latvia, North Macedonia, Portugal,
Romania, Ukraine.
139 Albania, Armenia, Czech Republic, Kazakhstan.
140 Algeria, Andorra, Armenia, Azerbaijan, Bosnia and Herzegovina, Brazil, Canada, Chile, Costa Rica, Croatia,
Estonia, Hungary, Kazakhstan, Kosovo, Lithuania, Malta, Republic of Moldova, Montenegro, Morocco, North
Macedonia, Peru, Portugal, Romania, San Marino, Serbia, Spain, Turkey, Ukraine.