46. A number of activities are carried out during the pre-electoral period,
such as designing and drafting election laws, employing and training electoral
personnel, and planning by the authorities entrusted with organizing the
electoral process and resolving electoral disputes. Some of these activities
may be subject to challenge as part of the EDRS, such as decisions related to
the delimitation of electoral district boundaries; determinations on whether
to grant, reject or cancel the registration of political parties; the updating of
voter registers; and information on the electoral process and civic education.
Also, some actions of political parties related to their internal democracy
– such as approval of their constitutions and internal procedures, selection
of party leaders and candidates for office or the expulsion of members and
other sanctions – may be subject to regulation and challenge.
47. Practically all activities during the electoral period can give rise to
challenges, including the nomination or registration of lists of candidates, the
conduct of the campaign, the distribution and placement of polling stations,
the appointment of polling officers, the accreditation of election observers,
the process of voting, the vote count, and the announcement and publication
of the results.
48. During the post-electoral period certain election-related activities may also
give rise to challenges that could influence the development and sustainability
of the next election. Examples are the procedures for overseeing where political
parties’ funds come from and how they are used; reviews of the declarations
of candidates’ campaign expenses; and reviewing the boundaries of electoral
districts. In some countries, challenges with respect to types of election other
than for nationwide elective office or matters related to direct democracy events
such as referendums and recall votes may also arise. Reforming the relevant
legislation and procedures based on lessons learned is also an important activity
that is carried out during the post-electoral period.
49. Unless there is an efficient and effective EJS with sufficient powers, resources
and tools to be capable of responding adequately to these demands throughout
the electoral cycle, and issuing without delay decisions that can be enforced,
the electoral process may be derailed and its results may be rejected.
50. A healthy and good practice for any EDRS is to envisage the possibility
of any electoral action or decision being challenged before the EMB that
issued it or before any other competent body by any person who considers
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2. Electoral justice and other related concepts
The pre-electoral and post-electoral periods can offer better opportunities
for improper efforts to place obstacles in the way of free, fair and genuine
elections, or to manipulate or divert procedures for partisan interests through
illegal and illegitimate practices (for example, with respect to the electoral
register or political party revenues).