Electoral justice mechanism (also EDR mechanism) All of the
means in place for ensuring that electoral processes are not marred by
irregularities, and for defending electoral rights. Among the mechanisms,
a distinction should be made between: (a) those that provide a formal
remedy or are corrective in nature; (b) those that are punitive in nature;
and (c) alternative electoral dispute-resolution mechanisms.
Electoral justice system The set of means or mechanisms available
in a country (sometimes, in a local community or in a regional or
international context) to ensure and verify that electoral actions,
procedures and decisions comply with the legal framework, and to
protect or restore the enjoyment of electoral rights. An EJS is a key
instrument of the rule of law and the ultimate guarantee of compliance
with the democratic principle of holding free, fair and genuine elections.
Electoral law One or more pieces of legislation governing all aspects of
the process for electing the political institutions defined in a country’s
constitution or institutional framework.
Electoral legal framework The collection of legal structural elements
that define or influence an electoral process, the major elements being
constitutional provisions, electoral laws, other legislation affecting electoral
processes, such as political party laws and laws structuring legislative
bodies, subsidiary electoral rules and regulations, and codes of conduct.
Electoral management The process of execution of the activities, tasks
and functions of electoral administration.
Electoral management body (EMB) An EMB is an organization
or body which has been founded for the purpose of, and is legally
responsible for, managing some or all of the essential (or core) elements
for the conduct of elections, and of direct democracy instruments. These
essential (or core) elements include determining who is eligible to vote,
receiving and validating the nominations of electoral participants (in
elections or political parties and/or candidates), conducting balloting,
counting votes, and the tabulation of votes.
EMB-entrusted EDR system Under this type of system, responsibility
is entrusted to an independent electoral management body which, in
addition to taking charge of organizing and administering electoral
processes, has judicial powers to resolve challenges and issue a final
ruling as to the validity of the electoral process.
Electoral offence See electoral crime.
Electoral penalty A punitive measure following an electoral offence/
crime, imposed on the perpetrator, entity or person responsible
for the irregularity. An electoral penalty can be either criminal (by
conventional punishment) or administrative (usually through financial
means) in nature.
A criminal penalty is always imposed by a court. An administrative
penalty can in some electoral justice systems be imposed by the EMB.
Electoral process The series of steps involved in the preparation and
carrying out of a specific election or direct democracy instrument. The
electoral process usually includes the enactment of the electoral law,
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