Box 7.4. Actions that can be challenged
a. Classified by the nature of the organ whose action or decision is challenged
i. Actions by electoral authorities
ii. Actions by political party organs
iii. Actions by other persons or entities (candidates, media outlets, non-electoral
authorities, etc.)
b. Classified by the moment when the challenge is brought
i. Actions that occurred during the pre-electoral period
ii. Actions that occurred during the electoral period
iii. Actions that occurred during the post-electoral period
a) Actions that can be challenged classified by the nature of the
entity whose action or decision is being challenged
414. Using this criterion for classification makes it possible to distinguish
between those challenges that are brought against the actions of electoral
authorities, and those that are brought against other entities such as political
parties, candidates and media outlets. The EDR system of each country must
determine which electoral actions are subject to challenge.
Box 7.5. Challenges to the decisions of bodies other than the
electoral authorities
A significant number of EDR systems only allow for direct electoral challenges to be filed
against official actions and decisions, that is, those of the EMB. There are, however,
many other entities, such as political parties, media outlets, and so on, the actions of
which may have a deleterious effect on an electoral process, and potentially a negative
effect on electoral rights. Efforts are often made to link the action of the EMB with
these other types of action. Once the EMB has ruled on the matter by accepting or
rejecting the action of the other entity, the party affected may challenge the action
of the EMB. In this way, such EDR systems provide only indirectly for the defence of
electoral rights with respect to the actions of the other entities.
For example, in a political party’s internal election to select candidates, citizen A,
who is a member of the party, is negatively affected by a party organ because the
party considers citizen B to have won and seeks to register B as the candidate before
the EMB. Once the EMB registers or announces citizen B as the candidate, citizen A
challenges the decision of the EMB before the EDRB in order to have the EDRB overturn
the EMB’s decision and order it to register her or him as the candidate. In this way, the
EDRB would be indirectly restoring the right, which had been violated by the internal
organ of a political party, of a citizen with an interest in the enjoyment of his or her
electoral right to run for elective office.
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