himself or herself to be prejudiced by it. This is part of the fundamental
human right of access to justice provided for in several international human
rights instruments. The objective is to ensure that no electoral action or
decision escapes review regardless of whether it occurs in the pre-electoral,
electoral or post-electoral period. Chapter 7 of this Handbook examines this
in more detail.
51. An EDRS needs to provide mechanisms to ensure that all electoral
actions and decisions carried out in the different periods of the electoral cycle
are in keeping with the law. This is especially important where the electoral
laws provide the entities in charge of the EDRS with mandates that do not
authorize them to continue operating beyond the electoral period. In such
cases, other organs must be entrusted with resolving the possible challenges
raised during the pre-electoral and post-electoral periods. It might also be
considered good practice to entrust EDR to permanent and independent
bodies (see chapter 6).
52. There is a strong public interest in the certainty of electoral proceedings
and results. In this regard, every EDRS should adopt the principle that all
acts and decisions of the electoral authority that have not been challenged
in a timely fashion within a period specified in the electoral law become
irrevocable. This procedural feature makes it possible to wrap up each
successive stage of the election as a clear and firm basis for the next, and to
decide the outcome of the election in a consolidated manner. It would make
it impossible to call into question the validity of a particular electoral action
or decision at a later stage. For example, in several countries it is not legally
permissible for an irregularity committed during the election campaign to
be raised during the stage of announcing the results as grounds for annulling
the election, if it has not already been challenged by the person or party
affected during the pre-election stage. It is important to note that this
principle only operates when the alleged irregularity committed at an earlier
stage was susceptible to challenge at that moment. If no means of challenge
is provided for at the earlier stage, there would be grounds for considering it
proper to challenge it later.
53. Once started, an electoral process cannot, in general, be halted, because
timely renewal of the representative organs of government depends on it. As
a result, another common principle of an electoral dispute resolution system
is that the filing of a challenge does not suspend the validity of the action
challenged. Thus, until the challenge is resolved the action or decision will
continue to have effect. In addition, in order to avoid abuse it is a healthy
practice to provide for short timescales for resolving any challenges that have
been filed (see chapter 7).
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