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to complaints’ procedures and the ability of competent bodies to examine the cases on the
merit within a reasonable/lawful time frame.
63. Decisions taken by election commissions – Only three countries provide explicitly the
possibility for election commissioners to contest a decision of an election commission,89
34 countries for representatives of political parties,90 12 for non-partisan election observers91
and nine for non-governmental organisations.92
64. Decisions taken by election commissions cover multifaceted situations. The most known
and visible decisions are the ones taken during voting and counting operations. However,
election commissions take, at all levels of the election administration, decisions all along an
electoral process, starting by the validation of voter lists, the registration or refusal of
registration of candidates, regarding electoral and campaign material, the pre-opening, voting,
counting and tabulation operations, and finally regarding election results through the
elaboration and validation of results protocols at precinct, regional and central levels. This list
is of course not exhaustive.
65. The role of election observers is crucial for identifying electoral irregularities. In this
respect, the Venice Commission’s Guidelines on an internationally recognised status of election
observers underline that “[e]lection observation missions should have the right to make
suggestions or comments to the authorities in charge of the electoral process, in case they
observe any irregularity, which should be rectified.”93 However, the Guidelines are silent on
the possibility to lodge complaints. Electoral laws often provide the right to report possible
inaccuracies or irregularities or to make suggestions, either on a record book that is part of
the election material, or on the protocol of the election commission. These precious elements
are factors among others that can be used in an electoral dispute, whoever has standing
(preferably not the observers themselves). The same is true for individual comments by
election commissioners, when they are possible. As underlined by the Venice Commission’s
Guidelines on an internationally recognised status of election observers,94 domestic election
observers “must not interfere in the electoral process and must be politically impartial”.
66. Voter registration and voter lists’ corrections – In 53 countries, voters are competent
to complain on errors on voter lists or on their absence from the list, including concerning
errors regarding other voters.95 In six countries, candidates or political parties are also
competent to complain on this step of the electoral process.96
89
Armenia, Azerbaijan, Georgia.
Algeria, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Chile, Costa Rica,
Croatia, Czech Republic, Estonia, France, Germany, Kazakhstan, Republic of Korea, Kosovo, Latvia, Lithuania,
Republic of Moldova, Montenegro, North Macedonia, Poland, Portugal, Russian Federation, Serbia, Slovak
Republic, Slovenia, Spain, Sweden, Switzerland, Tunisia, Turkey.
91 Armenia, Azerbaijan, Bosnia and Herzegovina, Bulgaria, Chile, Georgia, Germany, Hungary, Kyrgyzstan,
Lithuania, Russian Federation, Turkey, Ukraine (in Ukraine, this right is granted to both categories of partisan and
non-partisan election observers).
92 Bosnia and Herzegovina, Chile, Georgia, Germany, Hungary, Kyrgyzstan, Mexico, Russian Federation,
Switzerland.
93 Guidelines on an internationally recognised status of election observers, Guideline III. 1.7 iv.
94 2009 Guidelines on an internationally recognised status of election observers, III. 2.3.
95 Albania, Algeria, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Brazil, Canada,
Chile, Costa Rica, Croatia, Czech Republic, Denmark Estonia, Finland, France, Georgia, Germany, Hungary,
Iceland, Ireland, Italy, Kazakhstan, Republic of Korea, Kosovo, Kyrgyzstan, Latvia, Liechtenstein, Luxembourg,
Malta, Republic of Moldova, Montenegro, Morocco, the Netherlands, North Macedonia, Norway, Peru, Poland,
Portugal, Romania, Russian Federation, San Marino, Serbia, Slovak Republic, Slovenia, Sweden, Switzerland,
Tunisia, Ukraine, United Kingdom, United States of America.
96 Mexico, Monaco, Lithuania, North Macedonia (political parties can complain on errors on voter lists), Spain,
Turkey.
90