they were spent during the campaign. It is normally campaign expenditure
that is reviewed rather than the regular expenditure of the political parties.
Another issue that may arise is the final updating of the electoral register.
478. Challenges can be brought in respect of other types of electoral
processes, local and supranational elections in addition to national elections
and direct democracy instruments. It is also good practice to undertake a
review of the applicable laws and regulations in this period in the light of
experience of the recent election, and to propose possible reforms to the
relevant legislation and the electoral regulations, including the framework
of the EDR system.
Challenges with respect to other types of election and other matters
479. Some EDR systems give jurisdiction to the respective EDRB (particularly
those entrusted to specialized electoral courts) to hear and resolve challenges
to certain elections other than those for elective office, for example, internal
political party elections (see paragraphs 442–445) and elections to professional
associations and intermediate groups (Chile, Paraguay) and university
positions (Paraguay, Uruguay). The Superior Chamber of the Electoral Court
of the Judicial Branch of the Federation of Mexico has jurisdiction to hear and
rule on labour disputes between the electoral authorities (EMB and EDRB)
and their employees.
480. Many EDR systems establish the jurisdiction of the EDRB to hear
challenges related to procedures of direct democracy, such as citizens’
initiatives, referendums and recall votes, particularly where such procedures
are under the jurisdiction of the EMB. For example, the Constitutional
Council of France is empowered under the Constitution to hear challenges
to the results of referendums. In general, direct democracy instruments may
either be conducted at the same time as representative elections or at different
times. A more detailed discussion about direct democracy instruments can be
found in the Direct Democracy: the International IDEA Handbook.
3. Standing to bring challenges
481. The various EDR systems have different provisions regarding which
persons or entities, for example, political parties, candidates, voters, citizens,
authorities, observers, media outlets, and so on, can challenge the electoral
actions and procedures that affect them. It is important for the EDR system
to establish the fundamental right of every person to challenge any electoral
action or decision he or she considers harms him or her before the EDRB. This
is part of the human right to access to electoral justice, which is enshrined in
several international human rights instruments. If a person who is negatively
affected by an electoral action is denied this entitlement in a country that is a
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