EDR mechanisms
1. Introduction
83. The term ‘electoral dispute resolution system’ (EDRS) refers to the whole
set of institutional and technical-legal means or mechanisms for making a
challenge or exercising oversight (through court proceedings, tribunals,
claims or other remedies) of electoral actions, procedures and decisions by an
administrative, judicial or legislative body or even an international body.
84. EDRSs aim to ensure the integrity of the electoral process. Through
their operation, irregular electoral actions or decisions may be annulled or
amended through challenges, or a sanction may be imposed on the perpetrator
or person responsible for the irregularity or wrongful action. Depending on
the applicable law, the same irregularity may trigger both types of oversight
mechanism.
85. It is important to distinguish between the means for bringing an electoral
challenge and the procedures for determining administrative or criminal
liability in electoral matters. The processing and resolution of electoral challenges
through institutional or formal means should in turn be distinguished from
the informal means provided for in some countries, which are known as
alternative EDR (AEDR) mechanisms. These are analysed in chapter 8 of
this Handbook.
86. The purpose of providing for electoral challenges, which are corrective in
nature, is to ensure that elections (and referendums) are held in compliance
with the law (in keeping with constitutional and/or statutory principles),
that possible errors or irregularities are acknowledged, modified, revoked or
corrected, and that the enjoyment of an electoral right that has been violated
is protected or restored. In this respect an EDRS is a means of direct oversight
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