CDL-AD(2020)025
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countries among the 59 countries analysed, for challenging a refusal of registration. Once the
refusal is notified, a shorter time frame should be enough for the candidate to collect the
elements needed to prove the potential illegality of such a refusal and lodge the complaint.
87. Voter registration and voter lists’ corrections – Time limits for lodging complaints on
potential mistakes on the voter list or the absence of registration have to be made in time
enough before election day.121 In 13 countries, time limits for lodging such complaints have to
be done from the registration to one day before election day.122 In six countries, time limits for
lodging such complaints have to be made within from the registration to 15 days before
election day.123 In 14 countries, time limits for lodging such complaints are very broad and
have to be made from the registration to 16 days before election day.124 In 21 countries, the
legislation does not specify any explicit time limit or remains unclear on this issue in the
formulation of the law.125
88. The great variety of time limits for lodging complaints on potential mistakes on the voter
list or the absence of registration prevents from drawing any trend. It is however interesting to
underline that some countries provide very specific time limits, with clear beginning and end
of the periods while a number of them provide for very broad periods of time for lodging such
complaints, which is probably a wise approach. The countries allowing time limits till the eve
of election day imply a very well organised electoral process and especially centralised voter
registers, allowing almost last minute corrections without preventing the concerned voters
from exercising their electoral rights.
89. Voting and counting/tabulation procedures – In 24 countries, time limits for lodging a
complaint on potential irregularities during the voting – during early voting, if any, or on election
day, including concerning counting and tabulation procedures, are short (i.e. from three to five
days and sometimes less than three days).126 In 15 countries, time limits for lodging such
complaints are longer ones (i.e. more than five days).127
90. 26 out of the 39 countries providing for specific legal provisions on time limits for lodging
complaints on potential irregularities during the voting – during early voting, if any, or on
election day, provide short time frames, which is welcome. There remain 20 out of 59 countries
which do not provide for specific provisions in the electoral law regarding the time limits for
lodging such complaints. These steps of any electoral process require prompt decisions which
should make corrections possible. This implies short or reasonable time limits for lodging
complaints. It is therefore recommended that the law provide for such complaints to be lodged
decisions cannot be challenged, but this would have to be done either before the Ombudsperson or before the courts.
An appeal to the Ombudsperson could possibly be decided in time for the election whereas this would not be realistic
with the courts. There are no specific time limits for such challenges (under the Ombudsperson Act, there is a general
time limit of one year for lodging a complaint).
121 Concerning the United States of America, such rules are developed at States’ level (in State laws) and most of
the States if not all of them have clear time limits for such complaints.
122 Bulgaria, Denmark, France, Georgia, Kazakhstan, Kosovo, Monaco, Moldova, Russian Federation, Serbia,
Spain, Sweden, Switzerland.
123 Algeria, Andorra, Armenia, Belgium, Ireland, Kyrgyzstan.
124 Albania, Austria, Chile, Finland, Hungary, Iceland, Italy, Republic of Korea, Luxembourg, Liechtenstein, Malta,
the Netherlands, Romania, San Marino.
125 Azerbaijan, Bosnia and Herzegovina, Canada, Croatia, Czech Republic, Estonia, Latvia, Lithuania, Mexico,
Montenegro, Morocco, North Macedonia, Norway, Peru, Poland, Portugal, Slovakia, Slovenia, Tunisia, Turkey,
United Kingdom. In Costa Rica, Article 153 of the Electoral Code establishes a two month and 15 day period to
establish the final lists of voters. In practice, after such a deadline, no changes are allowed.
126 Albania, Algeria, Andorra, Armenia, Austria, Azerbaijan, Bosnia and Herzegovina, Brazil, Costa Rica, Croatia,
Estonia, Georgia, Hungary, Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Mexico, Republic of Moldova, North
Macedonia, San Marino, Slovenia, Switzerland, Ukraine.
127 Canada, Czech Republic, Finland, Germany, Iceland, Ireland, Italy, Kazakhstan, Republic of Korea, Monaco,
Norway, Poland, Slovak Republic, United Kingdom.