514. The party or complainant making the challenge may be seeking one of a
number of legal remedies:
a. the modification of the election result, with a consequent change of
winner, through either a total or a partial recount of the votes, if the law
provides for these, or by nullifying the votes received at a given number
of polling stations due to irregularities;
b. the election being declared null and void where there has been either
substantial wrongful conduct or widespread irregularities that affect
the outcome, leading to the need for a complete re-run; or
c. the revocation of the declaration of the election of a particular
representative for failure to meet the eligibility requirements.
Box 7.9. Remedies in challenges to election results
a. Modification of the electoral results (possible change in winner)
i. Total or partial recount
ii. Annulment of the vote received at some polling stations
b. Annulment of the election
c. Revoking the declaration of a candidate’s victory for failure to meet eligibility
requirements
515. It is important to remember that in some cases an EDRB will merely
acknowledge or recognize that there has been wrongful conduct or an
irregularity in the electoral process but that this did not substantially affect
the results. In some such cases penalties may be imposed in the same or a
separate judgement.
a) Modification of election results with a possible change in the
winner
516. One of the remedies sought by a petitioner or complainant may be a
change to the election result issued by the EMB. This may mean the result
direct from the polling stations on election day, the result declared by the
high-level organ that carried out the total vote tally immediately after the
election, or the tally for a particular electoral district in relation to the vote
received at a set of polling stations.
517. The ultimate objective of a challenge is a change to the candidate(s)
declared elected by the EMB. To this end, it is possible to call for:
• a total or partial recount of the vote, within the terms provided for in
law by each EDR system;
170