394. The vast majority of countries allow for administrative electoral
challenges that are referred for resolution to one of the organs of the EMB.
Some systems feature administrative challenges only, and some combine
these with a subsequent challenge before a judicial and/or legislative body,
thus constituting a mixed EDR system.
395. As is made clear in Electoral Management Design: The International IDEA
Handbook, the various EMBs in the world can be distinguished by whether
they adopt the Independent Model, the Governmental Model or the Mixed
Model of electoral management. In general, EMBs have a pyramidal structure,
with the highest-level body at the national level and other intermediate bodies
subordinated to it – mainly reflecting the territorial, political, administrative
and electoral division of the state – down to the level of the polling station.
Administrative challenges filed against certain actions are heard by the
electoral organs that carried out the action being challenged or by those to
which they answer, until they reach the top of the hierarchy.
396. In those EMBs that are based on the Independent or Mixed Model, it
is quite common for the composition of the highest-ranking organ to be
determined by the public organs of the state (generally the legislative branch or
the judicial branch, possibly with some participation by the executive branch). In
these systems, it is common for some role also to be given to the political parties
– generally a marginal one, with their representatives being given the right to
vote but with independent experts constituting the majority of its members.
Sometimes the independent experts are the only ones with a right to vote and
the representatives of political parties only have the right to speak and oversight
functions. In those EMBs that are made up of independent experts it is common
for the political parties to play an important role in the selection of their members
(see Electoral Management Design: The International IDEA Handbook).
b) Judicial challenges
397. Judicial means of bringing electoral challenges are those procedural legal
instruments provided for by law by which two or more conflicting parties
bring before a judicial body, that is, a judge or a court, whether or not as part
of the judicial branch, a dispute over an alleged error, irregularity, instance
of wrongful conduct, deficiency or illegality in a certain electoral action or
decision. The judicial body, in its position as a superior third party and as an
organ of the state, decides on the dispute in a final and impartial manner.
398. There is a growing tendency to establish mechanisms for judicial
challenges in electoral frameworks. As is highlighted in chapter 5, these may
be brought before regular courts, which constitute the judicial branch; a
constitutional court or council; an administrative court; a specialized electoral
court; or some combination of jurisdictions (see box 7.1).
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