Basic elements of EDR
systems
1. Types of challenge
390. In general, as is noted in chapter 4, electoral challenges are intrinsically
corrective as their effects include the annulment, modification or recognition
of wrongful conduct in order to repair the violation that has been committed
and restore the enjoyment of the electoral right involved.
391. Electoral challenges can be categorized as administrative, judicial,
legislative and international. Given the difficulties that stem from the diversity
of the electoral legal frameworks of different countries, and the ambiguity
of some, this Handbook uses a formal criterion to determine whether a
challenge is of an administrative, judicial, legislative or international kind.
This criterion is based on the nature of the organ that hears and resolves the
challenge. There may be other criteria for classifying the various electoral
challenges, but the one adopted here is useful and illustrative of the varieties
of challenge mechanisms in the various electoral dispute resolution systems.
392. It is most common for an EDRS to provide for either an administrative
challenge before the EMB or a judicial challenge. On occasion it may also
provide for legislative or even international challenges.
a) Administrative challenges
393. Administrative electoral challenges are those that are resolved by the
EMB in charge of directing, organizing, administering and overseeing election
procedures. Through such a challenge, those affected (political parties, candidates
and ordinary citizens) may oppose an electoral action or decision using a
procedure in which either the same organ of the EMB that issued the action or
decision being challenged or another of a higher rank decides the dispute.
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