most commonly available remedies in the first-instance EDR bodies are
the ‘annulment of results/cancellation of elections’, which is prescribed
in the legislation of 56 per cent of countries; and ‘re-run the election’,
which is prescribed in 34 per cent of countries.
First-instance bodies are also entitled to partially annul results in the
constituency where the dispute was raised or order the correction of
results in 24 per cent of countries. A total recount can be ordered by
the first-instance bodies of only 14 per cent of countries. It should
be noted that legislation in most of the countries prescribes several of
the above-mentioned remedies. For example, the first-instance EDR
body in Burundi can order either a full or partial annulment of the
results, and can also order the correction of results if the investigation
finds that the irregularity was caused by clerical error. Legislation in
17 per cent of countries does not specify the remedies available in
election results-related complaints or disputes submitted to firstinstance EDR bodies.
Figure 3.9. Remedies available to first-instance electoral dispute-resolution bodies
99 (56%)
Annulment of results/cancellation of elections
61 (34%)
Re-run the election
Partial annulment of results/partial cancellation of elections
42 (24%)
Correction of the results
42 (24%)
Total recount of results
24 (14%)
Partial recount of results
16 (9%)
24 (14%)
Other
30 (17%)
Not specified
0
20
40
60
Notes: Graph shows number (percentage) of countries with each option. Some countries have more than one option.
Data for 177 countries. Graph represents the data in the EJD as of August 2015.
Ability to appeal the decision of the first-instance
electoral dispute-resolution body
Appeals are hearings that can be invoked before a higher court on the
merits of the judicial decision issued by the lower court, or against
violations committed in the proceedings of the lower court (OrozcoHenríquez et al. 2010: paras 401–403). Previous research shows
that appeals usually account for the largest share of judicial EDR
mechanisms (Orozco-Henríquez et al. 2010: paras 401–403).
Figure 3.2 provides a general overview of the ‘flow’ of appeals
procedures from the first-instance to the last-instance EDR bodies. In
addition to judicial EDR processes, when EMBs deal with electoral
challenges in the first instance, their decisions may also be appealed
either to higher-level EMBs or to judicial bodies. However, in some
cases the decisions of the highest-level EMBs are not subject to appeal.
25
80
100