Since there are more than two levels of adjudication of electoral
disputes in some countries, Figure 3.2 presents a somewhat simplified
representation of reality. As Figure 3.3 shows, in 10 per cent of
countries, there is at least one additional body between the first- and
last-instance bodies. Apart from the number of intermediary bodies
and the total number of days it takes for the whole EDR process, the
EJD does not provide detailed data on these intermediary levels of
adjudication.
Figure 3.3. Number of levels of adjudication for disputes
related to elections results
2%
8%
39%
51%
1
2
3
4 or more
Notes: Data for 172 countries. Graph represents the data in the EJD as of August 2015.
Who can challenge election results with the firstinstance EDR body?
Generally, all stakeholders affected either directly or indirectly by the
election outcome should be entitled to challenge the election results or
file complaints about misconduct during or after the elections, given
that the resolution of these challenges or complaints may affect the
election results. One of the aims of the research was to investigate the
extent to which legislation in different countries contains provisions
about who should be allowed to submit such challenges or complaints.
The findings show that the groups of stakeholders most often entitled
to submit complaints or challenge the election results are candidates (or
party representatives), political parties and eligible or registered voters
(Figure 3.4). It should be noted that legislation in most countries does
not clearly distinguish between registered and eligible voters. In such
cases, both answers are selected. Where legislation clearly differentiates
between these two groups, the answers are coded separately. For
example, the legislation of 25 countries clearly specifies that only
registered voters are entitled to challenge election results.
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