114. Although the criminal courts usually have jurisdiction over electoral
crimes and offences, in some countries EDRBs competent to resolve electoral
challenges also have jurisdiction over electoral offences. Examples include the
specialized electoral courts found in certain Latin American countries, for
example Brazil and Panama.
e) Administrative sanctions for electoral infractions
115. An electoral process-related administrative infraction is wrongful, but
not criminal, conduct by which a person breaches or violates the electoral
regime, defined by the electoral law or included in a law on some other
administrative function. It gives rise to the imposition of a sanction that
does not entail the deprivation of liberty. Such infractions are usually
investigated by the EMB. This approach is more commonly found in civil
law countries.
116. In some EJSs administrative sanctions are also imposed by the EMB,
after a proceeding that takes the form of a fact-finding process, the result
of which may be challenged before an EDRB. In other EJSs administrative
sanctions can only be imposed by a court. This can be a criminal court, as
usually happens in common law countries, a civil or administrative law court
or even, on occasion, the EDRB.
117. Electoral infractions are usually defined in the electoral law.
f) Categories of entity or person that commit infractions, and
electoral administrative sanctions
118. All citizens and entities – be they voters, candidates, pre-candidates
or election observers; general public employees or public employees of the
electoral system; leaders of political parties; entities such as political parties
or political groupings; organizations of election observers; religious or
community leaders; or media organizations, among others – may be defined
as capable of committing an electoral infraction.
119. The purpose of defining and therefore regulating the legal conditions for
the application of the electoral law, and the sanctions applicable to electoral
administrative infractions, is essentially to protect the values and legal interests
to be attained or realized by the exercise of electoral rights.
120. Some examples of administrative sanctions for the indirect protection
of electoral law are:
a. reprimand, suspension, removal or disqualification of a public employee
or electoral official;
48