432. The actions subject to challenge associated with electoral registration
include all those performed by the EMB or responsible authority in relation
to setting up the voter registry, and the issuing or non-issuing to individuals
of personal identification cards (where these are used for electoral purposes)
or voter registration cards. Other possible actions subject to challenge are
linked to whether errors have been corrected, whether there are any omissions
from the lists, details of changes of residence, and adequate arrangements for
publishing the lists open to inspection by the public. Access to the lists must
be guaranteed for individuals, candidates and political parties.
Determinations on whether to grant, reject or cancel the registration of a
political party and other political entities
433. The actions subject to challenge include those related to the establishment,
operation or closure of political parties, those linked to the registration of parties or
other political groupings, including decisions on their names, logos and symbols,
and the rejection, suspension or cancellation of political party registrations.
Box 7.7. Opposition in Cambodia
The electoral law of Cambodia provides that no party may have a name the same as
another party. A group of pro-government members left one of the opposition parties,
the Khmer Nation Party, and announced that they remained the Khmer Nation Party.
The ensuing legal case between the two Khmer Nation parties was decided in favour
of the pro-government group.
Leader of the opposition Khmer Nation Party Sam Rainsy believed that this was
likely to happen again, and that the same mechanism would be used to disqualify
his party under whatever new name it chose. Consequently, he chose to rename his
party the Sam Rainsy Party, a name which he thought could not be appropriated by a
pro-government group. Up to 2010, his judgement has been proved right.
434. Several countries establish procedures for registering those political
parties (and in some cases other political organizations or groupings) that
meet legally established requirements. These procedures should not be
designed to operate in such a way as to nullify the fundamental electoral
right of association.
435. In addition to the dissolution of a political party by decision of its members
– agreed for the causes and in keeping with the procedures provided for in
its charter – the dissolution or abolition of a party and, where applicable, the
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7. Basic elements of EDR systems
is that the information contained in the register must be genuine, certain and
reliable. The responsible authority must give assurances that the personal data
that electors provide will not be disclosed to anyone without consent.