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"If the electoral law provisions are to be more than just words on a page, failure to comply with the electoral law must be open to challenge before an appeal body. This applies in particular to the election results: individual citizens may challenge them on the grounds of irregularities in the voting procedures. It also applies to decisions taken before the elections, especially in connection with the right to vote, electoral registers and standing for election, the validity of candidatures, compliance with the rules governing the electoral campaign and access to the media or to party funding. "
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CoE (Venice Commission): Code of Good Practice in Electoral Matters, II.3.3.92 (exp. report)Summaries
- Everyone has the right to an effective remedy by a competent national tribunal for acts that violate his or her rights or freedoms.
- The right to challenge election results should be provided for by law.
- Remedies for inadequate voter registration requires that disenfranchisement be corrected and ineligible people be prevented from voting.
- The rules should provide clear grounds upon which complaints and appeals are allowable.
- Electors and candidates may both be given standing in appeals of election results.