4. Challenges related to the nomination and registration of electoral contestants This chapter presents the findings from Part 2 of the EJD, which contains data about EDR procedures related to the nomination and registration of candidates and political parties for elections. Electoral challenges may arise at any stage of the electoral cycle because all activities conducted and decisions made during the entire electoral cycle can have an impact on election outcomes. One of the crucial stages in the electoral cycle is the nomination or registration of electoral contestants. Ideally, all stakeholders should be able to question the eligibility of a candidate for office. Clearly stipulated rules and procedures that allow such challenges and their effective and timely resolution are crucial to ensuring that all stakeholders have trust in the electoral process. The Handbook states that reforms aimed at improving electoral legislation are currently paying increased attention to electoral justice focused on the procedures for the nomination and registration of electoral contestants. This indicates a growing awareness of the need to ensure that such procedures are transparent and subject to scrutiny by stakeholders. As noted above, the questions in Part 2 of the EJD represent the critical steps and components of the EDR process dealing with challenges related to the nomination and registration of candidates and political parties for elections (see Appendix B). Even though the inclusion of question 6 on the maximum time limit for complaints after the announcement of election results may seem unusual, some countries deal with nomination- or registration-related disputes after the announcement of election results. In others, legislation prescribes general provisions for all disputes related to elections in the form of a general election petition, and thus it can be concluded that those provisions also cover disputes about procedures for the nomination or registration of candidates and political parties. For example, in Botswana the electoral law clearly prescribes that the decisions of the returning officers related to the nomination of candidates can only be questioned in the form of an election petition, which must be submitted after the announcement of the election results.3 The research found that legislation in 16 countries (9 per cent) is silent about the possibility of challenging the nomination/registration of candidates or registration of political parties for elections. In most of these countries the law prescribes eligibility requirements for candidates and political parties to be nominated or registered for elections, but the law does not prescribe the way of challenging the decisions about nomination or registration. However, legislation in 158 countries (91 per cent) contains provisions for challenging the nomination or registration of electoral contestants. This chapter describes the findings of the research on those 158 countries. 3 See the Botswana country data in International IDEA’s Electoral Justice Database, <http://www.idea.int/elections/ej/country.cfm?id=34#h-27> 29