Box 6.13. The possible effect of fees on the amount of petitions: the
case of Japan
Maiko Shimizu
In Japan the number of EDR cases is higher in municipal elections than in national
elections. One reason for this could be that first instance petitions at the municipal
level (administrative) do not require the payment of a fee while petitions at the national
level (court petition) do. Administrative petitions are also dealt with much faster than
those petitions submitted to a judicial process. It can also be assumed that competition
in municipal elections tends to be higher, resulting in more disputes. Public awareness
of EDR is not very high in Japan, possibly as a result of the complicated nature of the
EDR system and the low level of interest in elections among the general public.
Number of complaints filed at the first instance
Disputes related to challenges to the validity of
the election itself
Disputes related to the legitimacy of the
elected person
Prefecture Assembly
elections/ Prefecture
Governor elections
Municipality
Assembly elections/
mayoral elections
Prefecture Assembly
elections/ Prefecture
Governor elections
Municipality
Assembly elections/
mayoral elections
9
38
5
41
1999
2000
0
25
0
16
2001
0
23
1
12
2002
2
34
0
13
2003
16
57
9
35
Note: The number of election disputes is particularly high in 1999 and 2003 because there were
nationwide local elections in both years.
363. In the UK, within three days of presenting an election petition the
complainant must provide an amount not exceeding GBP 5000 as security
(in the case of a parliamentary election) or an amount the High Court directs
for all costs, which may become payable to any witness summoned on behalf
of the complainant or to any respondent.
364. Some countries provide for the possibility of ordering that costs be paid
when a complainant puts forward a clearly unfounded position that suggests
malice, or that a fine be imposed on anyone who files frivolous or mischievous
challenges.
Box 6.14. The ‘Richmond Case’: the United Kingdom
Andrew Ellis
Under the British system, a complaint heard by an election court is treated under civil
processes and legal costs can be awarded against the loser. In the case of a challenge
to the successful candidate in an election to the Greater London Council in Richmond,
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