474. Judicial review by the EDRB is generally provided for in respect of any decision by the EMB related to the election campaign, including decisions related to the delivery of financial support for campaign expenses, the designation of places where campaign materials can be displayed, the distribution of official time for the broadcasting of campaign advertising in the public media, and so on. Clearly, EDRBs have to act within very short time frames to provide a timely and effective remedy in order to prevent any irregularity from substantially affecting the outcome of the election. Election day and election results 475. Many of the issues relating to polling day, the counting and the declaration of results are listed in paragraph 464. In some countries, challenges to election results are substantiated and resolved before the competent body (usually the EMB and/or the EDRB) formally declares the result of an election and the names of the persons elected. However, in most EDR systems the actions or decisions challenged are those relating to the certification of the election (the declaration that the election was validly conducted and of its result, and where applicable the declaration of the names of the persons elected). These challenges are the responsibility of the EMB or the lower-level electoral judicial bodies, or even the highest-ranking officer of the EDRB. 476. In some systems, challenges are allowed, before either an organ of the legislature or a different judicial body, after the election has been certified and the results have been announced. In the UK, the result of an election is declared as soon as the count has been completed. A losing candidate may then bring a case (called an election petition) before an election court (see box 6.14 for an example). In France, a challenge to the result of a national election or a referendum may be submitted to the Constitutional Council by either a candidate or a registered elector. iii) Challenges during the post-electoral period 477. Challenges made once the electoral process has concluded include those related to the oversight of the sources of political parties’ resources and how 159 7. Basic elements of EDR systems 473. Some EDR systems have mechanisms for challenges to be taken directly before the EDRB. In others, it is necessary to take an issue before the EMB first, usually without it formally being an administrative electoral challenge or a proceeding for attributing any administrative responsibility to the alleged transgressor. This sets in motion an administrative proceeding by which, after affording the parties involved (political parties, candidates and/or media outlets) the right to a hearing, the EMB decides on a corrective measure such as putting a stop to some irregularity in the electoral process (for example, by ordering that an illegal broadcast or promotional piece on the radio or television be suspended).

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