Guidelines for Understanding, Adjudicating,
and Resolving Disputes in Elections
widely as possible.”44 But these guidelines also specify that even if every
elector in the constituency and every candidate should have standing to
lodge an appeal, “a reasonable quorum may, however, be imposed for appeals by voters on the results of elections. 45
Venice Commission
Code of Good Practice in Electoral Matters
Article 3.3, Paragraph 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.
Even if near-universal access to legal redress seems to be impossible to
implement in practice, the question of broad legal standing was acknowledged in a recent Israeli Supreme Court case. During the campaign
period for the January 2003 Sixteenth Knesset (Parliament) elections,
the Central Elections Committee disqualified portions of the election
campaign broadcasts of Ra’am and Balad, two political parties running
for election, on the grounds that the Palestinian flag appeared in them.
Although the two political parties did not initiate a claim for redress, the
Association for Civil Rights in Israel did. The parties were added to the
petition as respondents by the Court. The Attorney General first argued
that the petitioner did not have legal standing. However, the Israeli Supreme Court held that, in electoral matters, a public petitioner has legal
standing even if the individuals petitioning have not been specifically in-
Venice Commission, Code of Good Practice in Electoral Matters: GuIdelines and Explanatory Report 31 (2002) [hereinafter Venice Commission Code] (“Standing in such appeals must
be granted as wIdely as possible. It must be open to every elector in the constituency and
to every candidate standing for election there to lodge an appeal. A reasonable quorum
may, however, be imposed for appeals by voters on the results of elections.”), available at
http://www.venice.coe.int/docs/2002/CDL-AD(2002)023rev-e.asp.
45
Id.
44
22