Figure 4.1 models the entire EDR process for dealing with challenges
related to candidate/party registration or nominations for elections.
Naturally, most nomination- or registration-related disputes are raised
well before the elections. However, as noted above, some of these
challenges can be raised after the administration of elections. Therefore,
the dotted lines in the figure pass through the election day.
Electoral dispute-resolution bodies dealing with
disputes related to the nomination and registration
of electoral contestants
Figure 4.2 shows the types of first- and last-instance bodies that deal
with nomination- or registration-related disputes in 155 countries.4
The lines show the route of the complaints from first instance to last
instance, or indicate where there is only one level of adjudication.
Figures 3.2 and 4.2 show a similar proportion of types of first- and lastinstance EDR bodies. This indicates that EDR procedures for disputes
related to election results and disputes related to the nomination and
registration of candidates and political parties are handled in a similar
way. The only difference is the involvement of the constitutional court
or council in the last instance. The constitutional court or council is
the last-instance body in the case of disputes related to elections results
in 13 countries, while in the case of disputes related to the nomination
and registration of candidates and political parties they are the lastinstance body in only four countries.
Since there are more than two levels of adjudication for electoral disputes
in some countries, Figure 4.2 is a somewhat simplified representation
of reality. In six per cent of countries, there is one additional instance
between the first- and last-instance bodies (Figure 4.3). The EJD does
not provide data on intermediary levels of adjudication, but does
provide data on the total number of days the entire EDR process takes
(see Figure 4.10).
Who can challenge the nomination and registration
of electoral contestants?
As noted above, the question of who should be entitled to submit
complaints or challenges about electoral irregularities is an important
one. When it comes to the nomination or registration of electoral
contestants, in addition to candidates and political parties themselves,
the law should allow other stakeholders to have their voices heard on
the question of who can run for elected office.
4
Gambia, Germany and Uganda are not included because they have complex
legislation on EDR, which provides for several last-instance bodies depending on the
type of dispute.
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