359. While it is fundamental to guarantee access to electoral justice, it is equally important to avoid distortion of the EDR system’s function. A relevant factor in EDR system design is how to respond to challenges that are frivolous, vexatious or intended merely to delegitimize the electoral process without inhibiting access generally. c) Free electoral justice, or a service at a reasonable cost 360. There is free access to electoral justice when there is no need to put up any bond or guarantee in order to go before the EDRB, and its services do not involve any financial cost for the complainants or their representatives. This promotes access to justice regardless of a complainant’s financial situation. 361. The electoral justice service does carry a cost. Many countries have established free use of the electoral justice service as a human right in their respective constitutions, in which case the cost is covered by the state from the public treasury and paid for out of tax. The use of the EDR system is thus free of charge as part of the fundamental right to complete and effective judicial protection. Electoral disputes which involve matters of public interest are also sometimes supported by non-governmental organizations (NGOs) and civil society organizations. 362. Where a specific charge or cost is made to users of the electoral justice system, this should be at a reasonable price that takes account of criteria such as necessity and proportionality. It should not become an obstacle to access to electoral justice (see, for example, box 6.13). In Peru, for example, a sum of money must be deposited when challenging the nomination of a candidate, which is returned only in the event that the dispute is declared to have been well-founded, that is, if the challenged candidate is excluded from the election. For this reason, although many systems provide that access to the EDRS should be free of charge, some require a charge as a prerequisite for access to the EDRS in the form of a judicial bond, a deposit or a non-recoverable sum. Still others provide that costs be paid or for a fine to be imposed on a party that argues frivolously or from an obviously unfounded position. 123 6. Principles and guarantees of EDR systems 358. Moreover, the electoral law should expressly establish when and how irregularities related to electoral criminal offences or administrative infractions could have consequences for or impact on the electoral process and its outcomes.