Electoral justice mechanism (also EDR mechanism) All of the means in place for ensuring that electoral processes are not marred by irregularities, and for defending electoral rights. Among the mechanisms, a distinction should be made between: (a) those that provide a formal remedy or are corrective in nature; (b) those that are punitive in nature; and (c) alternative electoral dispute-resolution mechanisms. Electoral justice system The set of means or mechanisms available in a country (sometimes, in a local community or in a regional or international context) to ensure and verify that electoral actions, procedures and decisions comply with the legal framework, and to protect or restore the enjoyment of electoral rights. An EJS is a key instrument of the rule of law and the ultimate guarantee of compliance with the democratic principle of holding free, fair and genuine elections. Electoral law One or more pieces of legislation governing all aspects of the process for electing the political institutions defined in a country’s constitution or institutional framework. Electoral legal framework The collection of legal structural elements that define or influence an electoral process, the major elements being constitutional provisions, electoral laws, other legislation affecting electoral processes, such as political party laws and laws structuring legislative bodies, subsidiary electoral rules and regulations, and codes of conduct. Electoral management The process of execution of the activities, tasks and functions of electoral administration. Electoral management body (EMB) An EMB is an organization or body which has been founded for the purpose of, and is legally responsible for, managing some or all of the essential (or core) elements for the conduct of elections, and of direct democracy instruments. These essential (or core) elements include determining who is eligible to vote, receiving and validating the nominations of electoral participants (in elections or political parties and/or candidates), conducting balloting, counting votes, and the tabulation of votes. EMB-entrusted EDR system Under this type of system, responsibility is entrusted to an independent electoral management body which, in addition to taking charge of organizing and administering electoral processes, has judicial powers to resolve challenges and issue a final ruling as to the validity of the electoral process. Electoral offence See electoral crime. Electoral penalty A punitive measure following an electoral offence/ crime, imposed on the perpetrator, entity or person responsible for the irregularity. An electoral penalty can be either criminal (by conventional punishment) or administrative (usually through financial means) in nature. A criminal penalty is always imposed by a court. An administrative penalty can in some electoral justice systems be imposed by the EMB. Electoral process The series of steps involved in the preparation and carrying out of a specific election or direct democracy instrument. The electoral process usually includes the enactment of the electoral law, 60

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