of the electoral process, ensuring that elections are held in keeping with the
principles of the constitution and/or statute law.
87. In addition, EDRSs ensure that the electoral process complies with the
legal framework through a structure of electoral responsibilities or liability. The
procedures for determining liability seek to impose a sanction, either criminal
or administrative, on the perpetrator or person responsible for the criminal act
or the infraction (that is, a violation or breach of the law which is not a crime)
of the electoral provisions. This regime is therefore predominantly punitive.
It does not correct or annul the effect of an electoral irregularity. It punishes
either the person who committed the violation or the person responsible for
ensuring that the violation does not happen, through either the electoral
administrative law, which imposes the sanctions, or the electoral criminal law.
It therefore involves the indirect oversight of elections (see table 4.1).
Table 4.1. The EDR system
EDRS
distinctions
Type of
function
Electoral
challenges
Corrective
Procedures for
determining
electoral liability
or responsibility
Punitive
Action
Result
Annul, amend or
acknowledge the
irregularity
Punish the
perpetrator
or person
responsible for
the electoral
crime or infraction
Kind of
oversight
Direct
Protecting or
restoring the
enjoyment of the
electoral right
Indirect
88. In some cases, the same law establishes the definitions and procedures both
for electoral challenges and for processes to establish criminal or administrative
liability. Equally, the same EDRB also adjudicates on both simultaneously. If,
for example, electoral officials were shown to have modified the results of the
count, it could be possible both for the result of the election to be annulled
(following a challenge by which it is shown that the wrongful conduct is so
extensive that it may reasonably be supposed to have affected the result, but it
is not possible to identify the correct result) and for a criminal penalty to be
imposed on the election officials responsible. The possibility could also exist
of an administrative penalty, financial in nature, being imposed on a political
party by an EMB or an administrative law court if there was evidence that the
political party was involved in influencing the officials.
89. In the United Kingdom (UK), two High Court judges sit without a jury
to try, without recourse to appeal, the electoral petitions through which the
result of a parliamentary election is challenged. The judges must determine:
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