give candidates any entitlement, although it could be considered implicit in
some cases. It is clear that such standing for candidates is often related to the
degree of evolution and the characteristics of the political party system, and
therefore to the possibility of independent candidacies.
488. In addition, several countries provide for citizen action to challenge the
results of an election or the eligibility of a candidate: not only the political
parties and candidates but also citizens are entitled to present a challenge.
This is an important and laudable factor in facilitating access to the EDR
system, although the possible proliferation of challenges (e.g. this could be a
political strategy used by a minority party or a losing party as a negotiating
ploy) may impede the proper processing and resolution of challenges by the
EDRBs – especially when they are given little time to do this. This might
undermine the credibility and legitimacy of certain elections.
489. Some countries provide that when a certain kind of challenge is invoked,
a hearing is held to hear from not only the political party concerned and/
or any interested third parties, but also the electoral prosecutor and/or the
attorney general or public ministry representing the interests of society.
4. Time periods for filing challenges and for their
resolution
490. Because the representative bodies of government have to be renewed in a
timely fashion and there is a trend towards shorter election campaigns, the time
frames for filing and resolving electoral challenges are very brief – although
those for resolving them are not expressly provided for in every case.
Table 7.1. Time limits for filing challenges to legislative election
results: some examples
1 day after
incident
2 days after
incident
3 days after
incident
10 days after
incident
28–30
days after
incident
30 days and
more after
incident
Armenia
Czech
Republic
Lithuania
Serbia
Albania
Bolivia
Costa Rica
Estonia
Georgia
Guatemala
Hungary
Chile
Honduras
Russia
Canada
Cyprus
Guyana
Iceland
Australia
Azerbaijan
Nepal
Pakistan
Source: International IDEA Electoral Justice database, 17 May 2010, <http://www.idea.int/elections/ej/
viewData.cfm>
491. There is a wide range of time frames for bringing challenges related to the
electoral register. These vary from three to five days in most cases to longer
periods of up to 30 days. In most cases, challenges related to acts that form
part of the election preparations must be filed within three to five days, usually
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