Data shows that the most frequently observed first-instance bodies are
courts of general jurisdiction and EMBs, followed by constitutional
courts or councils. When it comes to the last-instance bodies it is
notable that, in the vast majority of countries, the highest level of court
of general jurisdiction performs this function. Constitutional courts or
councils are the last-instance bodies in only 13 countries.
Figure 3.1. The electoral dispute-resolution process for election results
Election
Day!
Some challenges
can be submitted
on election day or
between election day
and announcement
of results.
There may be a
legally mandated
filing fee and/or
deposit.
Announcement
of election
results!
Maximum
i
complaint
time since announcement
of election results.
DOES THIS BODY
HOLD A HEARING?
Who may file a
complaint regarding
election results?
Citizens, candidates, political
parties, election observers,
government representatives,
electoral management bodies
DOES IT ISSUE A JUSTIFIED
AND REASONED DECISION?
FIRST-INSTANCE
BODY DEALING WITH
ELECTORAL DISPUTES
WHAT REMEDIES ARE AVAILABLE
FOR THE FIRST-INSTANCE BODY?
E.g. annulment of results, cancellation of election,
re-election, recount, correction of results
YES
IS IT POSSIBLE TO APPEAL THE
DECISION OF THE FIRSTINSTANCE BODY?
NO
Dispute
ends
here.
Intermediate instances, if any
(not directly covered
in the database).
There may be a legally mandated
filing fee and/or deposit.
DOES THIS BODY
HOLD A HEARING?
DOES IT ISSUE JUSTIFIED
AND REASONED DECISION?
LAST
INSTANCE BODY
LAST-INSTANCE
DEALING
WITH ELECTORAL
BODY DEALING
WITH
DISPUTES
ELECTORAL
DISPUTES
WHAT REMEDIES ARE AVAILABLE
IN THE LAST INSTANCE?
E.g. annulment of results, cancellation of election,
re-election, recount, correction of results
17