EDRB should provide reasons to justify its decisions. It is not sufficient to
use expediency as an argument.
553. Finally, a small number of countries have established further grounds for
annulment of the entire election, be it presidential and/or legislative, such as
its having been held without being first being called by the appropriate organ,
or its having been held on a day other than the day for which it was called.
c) Revoking a candidate’s election because of a failure to meet the
eligibility requirements
554. Another possible remedy that a complainant or petitioner might pursue
is revoking the certification of a candidate or the declaration that he or
she has been elected if it is shown that he or she does not meet the legally
established eligibility requirements. This situation arises when annulment
of the election is not a legal consequence of failure to meet the eligibility
requirements, particularly when the ineligibility extends to only one of the
candidates on a given slate (principal and alternate), or in the case of elections
carried out using proportional representation. In the latter case, the most
common consequence is the election of the next person on the list (where the
party lists are closed). In other systems, a complementary or partial election
is held, as for example in Thailand.
7. Principles of consistency and the exhaustiveness of
judgements or decisions
555. It is important for every EDR system to provide for and respect the
general principles of procedural law applicable to judgements and decisions
in order to demonstrate the impartiality of the EDRBs. Accordingly, EDRBs
should take care (unless there is a provision that expressly provides for a
different outcome) that their judgements and decisions are consistent with
the complaints of the parties and the issues debated. Decisions should not
address matters different from those over which a challenge or complaint
has been filed.
556. Similarly, it is important to note that some EDRBs have the power to
make up for any deficiencies in the complaint or argument concerning the
allegations contained in a challenge. This does not mean, however, that the
EDRB can act on its own initiative. What such provisions do is to make
up for any deficiency in the argument alleging harm to electoral rights. The
EDRB cannot present allegations that are not contained in the original
complaint itself.
557. The principle of the exhaustiveness of judgements and decisions requires
an EDRB to address each and every one of the positions put forward by the
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