that legislation does not require the payment of any fee or deposit in
46 per cent of countries (Figure 4.7). Only 13 per cent of countries
have fee or deposit requirements prescribed by law. Legislation in
41 per cent of countries does not contain any clear provisions in this
regard. Among those countries that have requirements for a fee or
deposit, 11 require a deposit, 7 require a fee and 2 require both a fee
and a deposit.
Figure 4.7. Is there a requirement to pay a fee or deposit to the first-instance electoral
dispute-resolution body?
Not specified 41%
Deposit (11 countries)
Yes
13%
Filing fee (7 countries)
Both deposit and filing fee
(2 countries)
No 46%
Notes: Data for 156 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
Figure 4.2 provides a general overview of the ‘flow’ of the appeals
processes from the first-instance to the last-instance EDR bodies. In
addition to the judicial EDR processes, it can be seen that when lower
level EMBs deal with electoral challenges in the first instance, their
decisions can be appealed either to higher-level EMBs (in 12 countries)
or to judicial bodies.
The findings presented in Figure 4.8 indicate that the legislation
of 46 per cent of the countries does not allow appeals against the
decisions of the first-instance body. Closer analysis of those countries
reveals that appeals are usually not allowed when the first-instance
bodies are constitutional courts or councils, supreme or high courts
or election tribunals or courts. Since these bodies are considered to be
the highest-level judicial bodies in the hierarchy of EDR systems, it is
understandable that their decisions are not subject to appeal.
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