The timing of challenges related to the nomination
or registration of electoral contestants
Unique to the timing of disputes related to the nomination and
registration of electoral contestants is that all the disputes should
preferably have been raised and resolved before the elections take
place. However, in some countries such complaints are only processed
in the form of a general election petition after the elections have been
administered. In order to collect this level of detail, the EJD divided its
data collection into two parts:
1. The maximum amount of time after occurrence or discovery that
a complaint can be made (Figure 4.6A). In this case, the time
period for the submission of a complaint should begin from
the announcement (or rejection) of nomination or registration
of contestants; and
2. The maximum amount of time after the announcement of the
election results that a complaint can be made (Figure 4.6B.). Since
only 20 per cent of countries allow such timing of complaints,
Figure 4.6B does not provide the actual details of time limits.
Instead it only gives information about the existence or
non-existence of such limits. Details of time limits for those
20 per cent countries can be seen in the online database.
The findings show that 72 per cent of countries provide for time
limits for complaints after the announcement of a decision about the
nomination or registration of electoral contestants. The maximum
number of days allowed for the submission of nomination- or
registration-related complaints ranges from 1 to 40 days, but the most
common is 2–5 days. The legislation of 8 per cent of countries does
not allow such complaints but stipulates that all such challenges should
be submitted after the announcement of the results (see the case of
Botswana discussed above).
Nomination- or registration-related complaints can be submitted
after the announcement of results in only 20 per cent of countries.
In addition to the 8 per cent identified in Figure 4.6A, a further
8 per cent of countries have provisions that allow complaints to be
submitted both before and after, and some countries do not specify a
time limit after occurrence or discovery but do specify that complaints
should be made after the announcement of results. More details about
these countries and data about the actual timing of complaints after
the announcement of results can be found in the online database.
35