particularly in those EMBs that include representatives of political parties, for
there to be extensive debate within the EMB in an effort to reach agreement on
handling interests that are commonly disputed. This helps to alleviate the often
heavy burden of EDR and to offer quicker and generally more cost-effective
solutions, which are important in the light of the tight electoral time frames.
Codes of conduct promoted by EMBs also provide for the establishment
of ad hoc committees made up of representatives of all the political forces
participating in an election, with a mandate to oversee compliance with all the
clauses in the code. These are often effective means for resolving conflicts and
reducing the number of challenges, especially during election campaigns, as
was the case in Yemen in 2003 and the Palestinian Authority in 2006.
581. Many countries make it a requirement, before a complainant proceeds
with a claim against an action or decision of an organ of the EMB, that he
or she must first have appeared before the body or authority responsible in
order to give it an opportunity to correct its alleged error or irregularity. Only
after such a hearing can there be recourse to the court or the next instance.
It should be noted that this prior exhaustion of administrative remedies is
not a formal administrative challenge, and thus should be considered not an
administrative electoral challenge but an AEDR mechanism.
582. Similarly, when political parties establish internal mechanisms for
resolving internal disputes within the party, it is technically justified to
consider them as AEDR mechanisms. It is a general rule that in order for a
party member to have recourse to an EDRB in order to challenge an act of
her or his party, s/he must first have exhausted the internal party mechanisms
provided for in its by-laws. The rulings handed down by such internal party
mechanisms are usually not challenged before an EDRB, which means that
the decisions of the AEDR mechanism are final and binding.
4. Ad hoc AEDR bodies created as an extraordinary
mechanism to resolve a specific electoral conflict
a) Ad hoc AEDR bodies established as an internal national solution
583. Through this type of AEDR, the competent body or bodies of a country
(generally the legislature) entrust an ad hoc transitory body, which is judicial
in nature, with a specific mandate to resolve the challenges related to an
electoral process. This situation arises in exceptional and extremely serious
cases in which significant disagreements arise among the political forces
with respect to the conduct or results of an electoral process, and they opt
to establish institutional mechanisms other than those originally provided
for to resolve specific electoral disputes. Once a consensus is reached among
the political forces involved and the relevant sectors of society, the legislative
branch issues a regulation or a decree by which additional mechanisms
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