367. Many EDR systems adopt the principle of irrevocability of all those acts
and decisions of the electoral authority that have not been challenged in a
timely fashion within a period specified in law (see paragraph 217). It makes it
impossible to question the validity of a particular electoral action or decision
at a later stage once it has become firm. For example, in several countries, like
Mexico, it is not legally permissible for an irregularity committed during the
election campaign to be raised as grounds for annulling the election during
the stage of announcing the results if it was not opposed by the person or
party affected during the stage of preparing the election.
368. It is important to note that this principle only operates when the alleged
irregularity was susceptible to challenge at the time. If no means of challenge
is provided for at that earlier stage there would be grounds for considering it
proper to challenge it, for example, at the results stage. Hence, the election
laws should establish specific and systematic deadlines for challenges to certain
actions or decisions (e.g. those related to the electoral register or the nomination
of candidates), and for the EDRBs to issue their decisions on these challenges.
369. Once started, an electoral process cannot, in general, be halted because
timely renewal of the representative organs of government depends on it. It is
good practice not only that all challenges must be resolved in a timely fashion,
but also that the fact of a challenge having been filed does not suspend the
effects of the electoral action or decision challenged. This helps avoid the
EDR system being used as a mechanism for blocking the proper unfolding
of an electoral process. An alternative is to defer all challenges to the electoral
results period, in order to ensure that the electoral process is not interrupted
or encumbered by long judicial procedures. The potential disadvantage of this
approach is that any very serious irregularity during the electoral process that
affected the result could only be rectified by annulment of the election, because
it would be too late for any other corrective measure to have any effect.
370. There is a distinction between those acts and decisions that have an
impact on the unfolding of the electoral process and those which, strictly
speaking, fall outside its scope, in which case the time periods for filing a
challenge and resolving it may vary. Some types of challenge are more
complex and so may require more time to collect the information needed
for their processing, consideration and resolution (for example those related
to oversight of political parties’ resources). To the extent that they do not
have an impact on the electoral process itself, the time periods for hearing
these can be longer. The possibility may be considered of establishing by law
that the respective decisions, administrative and judicial, should not be made
during the electoral process so as not to ‘contaminate’ it.
371. In the case of alleged electoral crimes or offences, care should be taken
to ensure that the investigation and any criminal prosecution are undertaken
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