135. This Handbook therefore prioritizes the regime for bringing electoral
challenges as the basis for classifying EDR systems. This regime provides a
direct oversight mechanism for verifying that the electoral process complies
with the legal framework, and has the effect of preserving or restoring this
framework and the electoral rights involved. It therefore constitutes the
principal and most effective guarantee of electoral justice.
136. However, there are several criteria by which electoral challenges can
be classified. In many cases a single EDR system encompasses several types
of electoral challenge (administrative, judicial and possibly legislative and
international), and therefore various EDRBs. One criterion for classification
could therefore be the nature of the organ that hears an electoral challenge in
the first instance. This criterion is not very useful, however, as the vast majority
of EDR systems provide that electoral challenges must be brought before the
EMB in the first instance. The organs at the higher level may be more relevant
to classifying the operation of the EDR system. For more information on
bodies that handle challenges at first instance see the International IDEA
online Unified Database at <http://www.idea.int>.
137. Another criterion is to look at the nature of the organ that hears and
resolves most electoral challenges, at whatever level. Unfortunately, little if any
statistical information on this exists on the various EDR systems. There is
also a risk that the conclusions would vary from one election to the next. For
example, there might be a large number of challenges to the result of one
election in contrast to what happened in previous elections, but the EDRB
with jurisdiction to resolve challenges to results might be different from the
one entrusted with addressing those brought against actions prior to the
election. It is often the case that most challenges are related to the electoral
register, and the organ in charge of resolving these challenges – even though
it is an essential and important aspect of any election – is not always the one
that contributes most to the soundness of elections or to the credibility and
legitimacy of the EDR system.
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5. A general classification of EDR systems
134. In addition, some democracies place greater emphasis on preventive
measures, others on corrective measures or electoral challenges, and still
others on punitive measures or mechanisms for adjudicating liability. There
is no clear correlation between the emphasis chosen and the number of
electoral disputes (which could also be argued as measuring stability and
social cohesion in a society). It can be argued that if a dispute does arise,
the electoral challenge is the mechanism with the most potential to produce
satisfaction its corrective function revokes, annuls, modifies or acknowledges
irregular or wrongful conduct and thus protects or restores the enjoyment
electoral rights. By contrast, the liability regime is limited to penalizing the
entity or person responsible for the irregularity and setting an example by
doing so.