514. The party or complainant making the challenge may be seeking one of a number of legal remedies: a. the modification of the election result, with a consequent change of winner, through either a total or a partial recount of the votes, if the law provides for these, or by nullifying the votes received at a given number of polling stations due to irregularities; b. the election being declared null and void where there has been either substantial wrongful conduct or widespread irregularities that affect the outcome, leading to the need for a complete re-run; or c. the revocation of the declaration of the election of a particular representative for failure to meet the eligibility requirements. Box 7.9. Remedies in challenges to election results a. Modification of the electoral results (possible change in winner) i. Total or partial recount ii. Annulment of the vote received at some polling stations b. Annulment of the election c. Revoking the declaration of a candidate’s victory for failure to meet eligibility requirements 515. It is important to remember that in some cases an EDRB will merely acknowledge or recognize that there has been wrongful conduct or an irregularity in the electoral process but that this did not substantially affect the results. In some such cases penalties may be imposed in the same or a separate judgement. a) Modification of election results with a possible change in the winner 516. One of the remedies sought by a petitioner or complainant may be a change to the election result issued by the EMB. This may mean the result direct from the polling stations on election day, the result declared by the high-level organ that carried out the total vote tally immediately after the election, or the tally for a particular electoral district in relation to the vote received at a set of polling stations. 517. The ultimate objective of a challenge is a change to the candidate(s) declared elected by the EMB. To this end, it is possible to call for: • a total or partial recount of the vote, within the terms provided for in law by each EDR system; 170

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