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 39 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.

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