26. The essential purpose of an electoral justice system is the genuine and
effective protection of the right
• to either elect or be elected as a representative to hold a public or
government position – national, local, or even supranational; or
• to participate directly in a direct democracy process or procedure by
means of voting in a referendum or recall vote.
27. When a given action, procedure or decision related to the electoral process
is not in keeping with the provisions of the law, it is said to be an irregularity,
and a conflict or dispute arises between the person or entity who committed
the irregularity and the person or entity who considers himself or herself to
have been harmed by a violation of their electoral rights.
28. Among the formal electoral dispute resolution mechanisms, a distinction can
be made between those that are corrective in nature and those that are punitive
in nature. Electoral challenges (see chapter 7) are corrective. They annul, modify
or acknowledge the irregularity and, as the case may be, protect or restore the
enjoyment of electoral rights. Mechanisms which are punitive punish the entity or
person responsible, for example, through procedures for assigning administrative
(civil) and criminal liability in electoral matters (see chapter 4, section 3). There
are also AEDR mechanisms, which are characterized by their voluntary nature
for the parties to a dispute and are frequently informal (see chapter 8).
Figure 2.1. The elements of electoral justice
The elements of
electoral justice
Prevention of electoral
disputes
Resolution of electoral
disputes (EDR
mechanisms)
Corrective (annul, modify
or acknowledge the
irregularity): electoral
challenges
10
Alternative electoral
dispute resolution (AEDR)
mechanisms
Punitive (impose a
penalty on the perpetrator
or the entity responsible
for the irregularity):
election-related
administrative and
criminal liabilities