iii) Actions by other persons or entities 426. The actions of other persons or entities, such as candidates, media outlets, or non-electoral authorities, may also violate the legal provisions governing elections and possibly electoral rights. Thus some EDR systems – particularly those entrusted to the regular courts of the judicial branch – explicitly or implicitly provide for the possibility of the EDRB hearing direct challenges against the actions of those other persons or entities. As an example, a non-electoral authority could be alleged to have become improperly involved in the electoral process, trying to influence voters on behalf of a particular political force through institutional campaigns that call on people to vote. 427. Direct challenges of this sort are not common in EDR systems with a corrective function. Instead, in the case of alleged violations of electoral legal provisions or electoral rights, recourse is usually made by indirect means by challenging an action or decision of the EMB or other regulatory agency which validates or confers efficacy on the action of the other person or entity. The relevant provisions sometimes make it possible to bring an administrative case before the EMB or other regulatory agency in order to investigate whether those actors have committed an electoral administrative infraction or irregularity. If the provisions allow for this, the EMB or other agency may grant a legal remedy or punish the transgressor (e.g. someone who disseminates illegal publicity over the broadcast media, as in paragraph 425), in which case that decision of an administrative authority can usually be challenged before a judicial EDRB. Box 7.6. Hungary: resolving disputes relating to the use of the media in election campaigns Complaints regarding the role of the media in election campaigns in Hungary (especially with respect to violating the basic principles of electoral procedures, and the publication of political advertisements) are dealt with as follows: a. regarding periodicals distributed locally or local provision of programmes, by the competent local election committee of the seat or address of the publisher or the programme provider; b. regarding regional provision of programmes, by the competent regional election committee of the seat or address of the programme provider; 147 7. Basic elements of EDR systems prohibited by law. The important thing here is the corrective nature of the legal remedy granted, to clean up the electoral process in such a way that the harmful effects of an irregular action do not continue and reach the point of substantially affecting the results – regardless of any other administrative sanction imposed on the transgressor.

Select target paragraph3