492. Some challenges to election results have to be filed immediately, that is,
at the count being carried out at the polling station. Other claims, petitions
and protests can be filed before higher-level electoral bodies, which also have
a very brief filing period of two days (e.g. in Bosnia and Herzegovina). Several
countries provide for a period of between three and five days to challenge
election results, while some extend it to 15 or even 30 days. Table 7.1 gives
some examples. In the UK, for example, the deadline is 21 days but if the
case involves corrupt practices it is extended to 28 days. In Russia, challenges
must be filed within 10 days of the results being declared. Others specify a
specific occasion as the reference point, such as filing a challenge before the
person elected is formally announced. This gives rise to some uncertainty,
and such uncertainty can lead to the person elected being left without the
possibility of a defence.
493. Some EDR systems also provide for a further mechanism for challenging
election results within the EDRB, allowing a period of three days for the
appeal to be filed. As indicated above, some systems include the possibility of
a subsequent challenge before a non-electoral judicial body on constitutional
or statutory grounds or before a legislative body.
494. Some countries have longer periods for bringing challenges related to
certain decisions made outside the electoral period, such as those regarding
the registration of political parties.
495. The time periods for resolving electoral challenges are not always expressly
defined, and the provisions in this area are diverse. The most important principle
is that challenges must be resolved before the harm becomes irreparable. It may
be that even at the moment a challenge is made, the EDRB realizes that there
is no time to resolve it satisfactorily. Or, if a challenge is upheld and a remedy
of acknowledgement of fault is not sufficient, there needs to be time to publish
a decision and implement a remedy which makes substantive reparation for the
violation. If this cannot be done, the challenge may be declared inadmissible and
dismissed – although this does not prevent or prejudge a subsequent action to
establish criminal or administrative liability. However, the EDRB must always
be alert, particularly during the key dates of the electoral process, and be in a
position, if necessary, to hand down a decision even in a matter of hours so long
as this does not affect the quality of its deliberation and decision making.
496. The time frame for resolving challenges to the electoral register is often
between six and 10 days from the time they are submitted. The time frame for
resolving a challenge to a decision regarding the establishment of a political
party is often between three and 15 days. Challenges filed against actions
163
7. Basic elements of EDR systems
calculated from either the date of the action or decision that gives rise to the
challenge or the date when official notice is given to the interested person.
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