The judges then submit a certified report to the Speaker of the House of
Commons, the lower chamber of Parliament, as to whether the election result
should stand or whether the election is void. If the judges differ, they must
certify their differences but the candidate is deemed to be duly elected. If a
successful candidate is found personally guilty of a corrupt or illegal electoral
practice, his or her election is declared void and he or she is subject to sanctions
which include for example a ban on standing for election again.
2. The regime for bringing electoral challenges:
annulling, modifying or acknowledging the irregularity
90. A direct mechanism to verify compliance with the election framework
is one that offers a remedy, making it possible to reverse the effects of the
unlawful or wrongful conduct, and also correcting or repairing the damage
or harm caused by such conduct. As a general rule, this is achieved when the
EDRB declares that the electoral action or decision subject to an electoral
challenge should be invalidated, annulled, revoked or modified. Additionally,
in some circumstances the mere formal recognition that an irregularity was
committed implies a form of redress. For example, a citizen who has been
wrongly denied the right to cast his or her vote could be entitled to a declaration
that the electoral authorities had acted wrongly. However, unless the result of
the election had been decided by a single vote, it would not be overturned.
91. Electoral challenges provide direct oversight to ensure that elections
comply with the legal framework and they have the effect of preserving or
restoring the correct electoral legal order. As such, they are the principal and
most effective safeguard of an EJS, although this does not imply that it is not
advisable to promote the other mechanisms for resolving electoral disputes as
well. This Handbook thus places special emphasis on analysing the different
systems for bringing electoral challenges in different countries around the
world, their guiding principles, guarantees and basic elements.
92. Electoral challenges are not only for verifying that specific electoral
actions and decisions comply with the legal framework. They may also allow
judicial review of the constitutionality of election laws and statutes. Such
challenges generally come under the jurisdiction of the organs in charge of
constitutional justice. These may be constitutional courts or councils, or
the highest court of justice in a country’s judiciary, which usually have the
jurisdiction to review statutes and general provisions in respect of all areas
of the law, not only electoral matters. Their effect in some systems may be
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4. EDR mechanisms
a. whether there is reason to believe that extensive corruption or illegal
practices have taken place; and
b. whether any corrupt or illegal practice has been proved to have been
committed by or with the knowledge and consent of any candidate.