- 17 - CDL-AD(2020)025 the results.80 However, only 19 countries allow to challenge preliminary results.81 In these countries, complaints against election results must therefore be lodged and decided upon before the validation and announcement of the final results.82 55. As underlined in the 2009 Report on the cancellation of election results, “[a]lthough the wording in legislation or case-law may vary, it may be said that in almost all countries the main criteria are that violations occurred in the election constituency during the conduct of voting or during the determination of the election results, that have made it impossible to determine the voters’ will, or that the irregularities and violations may have affected the election results.”83 Regarding the notion of violations, the 2009 Report states that “[c]ancellation of a mandate is meant as a consequence of a violation of electoral legislation or other legislation applicable to the electoral process, including noncompliance with rules on the eligibility to be elected. The possibility to cancel election results after the elected candidate has entered office may be limited to the most serious violations of electoral procedure, e.g. cases of criminal offences, while in some disputable and not so evident cases the cancellation is not allowed.”84 This includes serious irregularities and/or violations evidenced during the pre-electoral period and/or on election day, including during the pre- and post-voting operations. B. Who are the authors of electoral violations? 56. Election dispute resolution systems are primarily remedies to the state’s failure to comply with electoral law. While the decisions, actions or inactions open to challenge are those of state – national or local/regional – authorities, the question is whether grounds for complaint should be limited to the violation of electoral rights by decisions, actions or inactions of election authorities, other electoral stakeholders – candidates, political parties, non-governmental organisations observing elections, media broadcasters or internet providers –, or extended to the consequences of the behaviour of private subjects, e.g. individual election observers. As electoral rights can be affected by private persons or groups, grounds for complaints might also include inactions and inadequate behaviour by private persons or groups as previously described. 57. Grounds for lodging complaints and appeals should not be limited to violations of electoral rights, freedoms and interests due to the state’s decisions and actions. They should also include inactions and inadequate enforcement by public and private electoral stakeholders. While procedural limitations to the exercise of the complaints and appeals’ system may be permitted, the standards leave little room for limitations on the complaint/appeal grounds themselves as long as they concern the exercise of the right to vote and to stand for election, as well as all aspects of the election process flowing from these rights. That is why electoral laws and other laws should provide for a full range of complaints and appeals on all types of errors, irregularities or violations of the law that may arise in the whole course of an electoral process, falling under the positive and negative obligations of the state to hold free elections. 80 Algeria, Andorra, Austria, Belgium, Brazil, Bulgaria, Canada, Chile, Czech Republic, Denmark, Finland (no appeal for presidential elections), France, Georgia, Germany, Hungary, Iceland (presidential elections only), Ireland, Italy, Kazakhstan, Republic of Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Morocco, the Netherlands, Poland, Portugal, Russian Federation, Serbia, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, United Kingdom, United States of America. 81 Albania, Armenia, Azerbaijan, Bosnia and Herzegovina, Costa Rica, Croatia, Estonia, Kosovo, Kyrgyzstan, Mexico, Republic of Moldova, Montenegro, North Macedonia, Norway, Peru, Romania, San Marino, Tunisia, Turkey. 82 Turkey is a special case in this respect. The election results are determined by each Provincial Electoral Board and transmitted to the Supreme Board of Elections, which announces the national election result. The Supreme Board of Elections will also hear complaints on the decisions of the Provisional Electoral Boards, but no appeal is possible on the decisions of the Supreme Board of Elections, including its decisions on the final election results. 83 2009 Report on the cancellation of election results, para. 10. See Part X-B of the present report regarding the decision-making power and more specifically the authority of the appeal body on the cancellation of election results. 84 2009 Report on the cancellation of election results, para. 70-71.