a. an electoral challenge before a competent electoral dispute resolution body (EDRB) asking it to grant a remedy consisting of the annulment of the election or the modification of the result to find a different candidate to be the winner. This must be presented in accordance with the procedure laid down in the electoral or procedural law through a claim, complaint or petition as a trial or an appeal, the different characteristics of which are analysed in section 1 of chapter 7; and/or b. a complaint before the competent authority, which may be an authority in charge of criminal investigation or, in some EJSs, the electoral management body (EMB). i. If the authority in charge of investigating the possible commission of crimes concludes that criminal offences may have been committed, it may prosecute the person liable before a judge in a criminal court, seeking the imposition of a criminal sanction of either imprisonment or a fine. It should be noted that in some EJSs, the same electoral justice body that hears the challenge that may be grounds for annulment of the election or modification of the outcome also has jurisdiction to rule on criminal liability. ii. In some EJSs the EMB may undertake the investigation. If, after an administrative procedure in the form of a trial or hearing, it is concluded that a political party or candidate is responsible for an administrative infraction (a violation or breach of the law which is not a crime), the EMB may then impose an administrative sanction, for example a fine, which it is then often possible to appeal against before a court. However, in certain EJSs the sanction is imposed subsequently by a civil court, an administrative court of law or even a criminal court, as is often the case in countries with a common law tradition where no distinction is made between criminal and administrative liability. 30. It is therefore important to distinguish between: a. challenges, which offer a remedy (the means of enforcing a right or redressing a wrong) and have as their purpose to annul, modify or recognize the irregular act; b. procedures for determining administrative or criminal liability in the electoral area, the purpose of which is to sanction the person responsible for an irregularity which constitutes a criminal offence, gives rise to criminal liability and is adjudicated by criminal courts; and c. action to deal with administrative infractions (violations or breaches of the law that are not crimes), which give rise to an administrative 11 2. Electoral justice and other related concepts 29. In this regard, when an electoral conflict or dispute arises (e.g. if it is alleged that a candidate has won an election as the result of vote-buying), the electoral justice system generally provides for EDR mechanisms by which the party affected may file:

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