474. Judicial review by the EDRB is generally provided for in respect
of any decision by the EMB related to the election campaign, including
decisions related to the delivery of financial support for campaign expenses,
the designation of places where campaign materials can be displayed, the
distribution of official time for the broadcasting of campaign advertising in
the public media, and so on. Clearly, EDRBs have to act within very short
time frames to provide a timely and effective remedy in order to prevent any
irregularity from substantially affecting the outcome of the election.
Election day and election results
475. Many of the issues relating to polling day, the counting and the declaration
of results are listed in paragraph 464. In some countries, challenges to election
results are substantiated and resolved before the competent body (usually the
EMB and/or the EDRB) formally declares the result of an election and the
names of the persons elected. However, in most EDR systems the actions
or decisions challenged are those relating to the certification of the election
(the declaration that the election was validly conducted and of its result,
and where applicable the declaration of the names of the persons elected).
These challenges are the responsibility of the EMB or the lower-level electoral
judicial bodies, or even the highest-ranking officer of the EDRB.
476. In some systems, challenges are allowed, before either an organ of the
legislature or a different judicial body, after the election has been certified
and the results have been announced. In the UK, the result of an election is
declared as soon as the count has been completed. A losing candidate may
then bring a case (called an election petition) before an election court (see box
6.14 for an example). In France, a challenge to the result of a national election
or a referendum may be submitted to the Constitutional Council by either a
candidate or a registered elector.
iii) Challenges during the post-electoral period
477. Challenges made once the electoral process has concluded include those
related to the oversight of the sources of political parties’ resources and how
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7. Basic elements of EDR systems
473. Some EDR systems have mechanisms for challenges to be taken directly
before the EDRB. In others, it is necessary to take an issue before the EMB
first, usually without it formally being an administrative electoral challenge
or a proceeding for attributing any administrative responsibility to the alleged
transgressor. This sets in motion an administrative proceeding by which, after
affording the parties involved (political parties, candidates and/or media outlets)
the right to a hearing, the EMB decides on a corrective measure such as putting a
stop to some irregularity in the electoral process (for example, by ordering that an
illegal broadcast or promotional piece on the radio or television be suspended).