Legislation of 15 countries does not clearly specify who may challenge
or file complaints about election results. The option ‘Other’ includes
various entities, such as voter-initiative groups, attorneys-general
and parliamentarians. More details can be explored using the online
database.
The electoral legislation in 81 countries (47 per cent) contains clear
provisions that allow voters—key stakeholders in elections—to
challenge elections results. This raises some serious questions about the
impartiality of EDR systems in the remaining 53 per cent of countries.
Further research would be needed to understand why voters are not
legally allowed to challenge election results in so many countries.
Figure 3.4. Who can challenge the results of legislative elections?
132 (76%)
Candidate/party representative and/or political party
81 (47%)
Eligible voter and/or registered voter
Election observer
13 (7%)
Any citizen
12 (7%)
Electoral management body
11 (6%)
Government representative
8 (5%)
26 (15%)
Other
15 (9%)
Not specified
0
30
60
90
120
150
Notes: Number (percentage) of countries with each option. Some countries have more than one option.
Data for 174 countries. Graph represents the data in the EJD as of August 2015.
The timing of challenges to election results
Elections are usually big events in which a large number of people
are mobilized in a limited period of time. Their administration and
management, therefore, are complex logistical exercises that have to
be well planned and coordinated by competent EMBs and the other
actors involved. Clearly stipulated rules and guidelines, especially time
limits on certain key procedures, are very important for the successful
administration and management of the entire electoral process. When
it comes to dealing with disputes related to election results, timing is
of the utmost importance in the light of the fact that in most cases the
announcement of final results depends on the rulings made on such
disputes.
Challenges to election results are sometimes related to election day itself,
such as the voting procedure, the set-up, management and staffing of
polling stations, the decisions of polling officials about who should be
allowed to vote or prevented from voting, the freedom and secrecy of
the ballot, and so on (Orozco-Henríquez et al. 2010: paras 428–80).
After the voting has been completed, electoral challenges may address
the procedures for counting and tallying the votes, the distribution of
20