Issue
Right to an Effective Remedy and Vote Counting and Tabulation
Election Parts
Criteria
- The legal framework provided clear guidance on the grounds for complaints and appeals as well as the processes for demanding a recount
- The right to challenge the election results was guaranteed by law
- The right to remedy was protected throughout the process
- There was impartial scrutiny of the counting and tabulation process, and it was subject to judicial review
Summaries
- Everyone has the right to an effective remedy by a competent national tribunal for acts that violate his or her rights or freedoms.
- Remedy should be available for complaints arising throughout the electoral process.
- States must enforce a remedy when granted.
- Effective redress requires disputes to be dealt with in a timely manner.
- The right to challenge election results should be provided for by law.
- Vote counting procedures should be verifiable and votes should be preserved for review.
- There should be impartial scrutiny of the counting process and access to judicial review.
- The rules should provide a mechanism for challenging and for invalidating all or part of the election results.
- Fair rules should exist for the right to demand a recount.
- The rules should provide clear grounds upon which complaints and appeals are allowable.
- Arrangements should be made to hear petitions related to the announcement of results.