taken and decisions made during preparations for election day must usually
be resolved within three to six days.
497. The time frame for EDRBs to rule on challenges to election results often
varies from one day to 10 days from agreement that a challenge is admissible.
For example, in Guatemala, the Supreme Court of Justice has three days to
rule on an amparo petition, a judicial protection of an electoral right, and the
Constitutional Court has five days to rule on an appeal. However, this period
is 50 days in Colombia, and in some common law systems – for example in
Bangladesh – there is no maximum time period for the resolution of electoral
challenges. Some systems make reference to an event, stating for example that
a challenge must be resolved before the outcome of the election is due to be
declared, or prior to the swearing in or installation of the bodies elected.
498. Where challenges to election results are made before legislative bodies,
as in Argentina and the United States, the regulations of the respective
chambers do not provide for any limit. On the contrary, they expressly allow
for the challenges to be resolved after the elected body has commenced its
session. This means that some legislators may take their seats in the chamber
provisionally, subject to the outcome of the respective challenge, and may
later be unseated in favour of someone else.
499. This also happens in some EDR systems entrusted to judicial bodies,
such as the responsible department (Section V) of the Council of State of
Colombia, which has up to one year to annul an election – although in
practice this period has been longer. In July 2009 it annulled the results of the
election of senators in 2006 and ordered a recount in response to a challenge
filed by the Attorney General of the Nation (Procurador General de la
Nación), concluding that there had been various irregularities in several
polling stations across the country affecting 33,000 votes, which could
potentially have modified the results of the election of 102 members of the
Senate, with some of them being unseated. In the same session, Section V of
the Council of State, under Article 179, section 3, of the Constitution, voided
the credentials of one Senator for having entered into contracts with the
government within six months before the 2006 election. However, in January
2010, the Council of State in full bench revoked the earlier decision, finding
that the contract was signed seven months before the election and that the
constitutional provision had thus not been violated.
500. In some EDR systems entrusted to non-specialized electoral courts, such
as those regular courts which are part of the judiciary and some constitutional
or administrative courts (particularly those that deal with challenges or
petitions related to the preparation of an election or challenges to electoral
results), it is possible to prioritize electoral challenges in order to resolve them
in a timely manner.
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