States must ensure that, in regard to human rights violations, individuals, groups of individuals, and non-governmental organizations have standing before judicial bodies.
- States must ensure, through adoption of national legislation, that in regard to human rights violations, which are matters of public concern, any individual, group of individuals or non-governmental organization is entitled to bring an issue before judicial bodies for determination.
- The legal framework should stipulate that every voter, candidate and political party has the right to lodge a complaint with the competent authority when an infringement of electoral rights has occurred. Care must be taken when drafting such provisions to ensure that the right to seek protection of electoral rights is not unduly restricted to a limited number of groups, such as political parties or candidates.
- At a minimum, natural and legal persons whose rights are affected by administrative decisions, actions or inactions should be entitled to seek court review of these decisions. Given the public nature of the election process, consideration should also be given to allowing complaints in the public interest by essentially permitting stakeholders to challenge any unlawful action or omission in the election process.
- Good electoral practice suggests that the right to bring forward such challenges [appeals of election results] should be granted to all candidates and voters in the respective constituency, although a reasonable quorum may be imposed for appeals against election results filed by voters.
- A good practice for any EJS or EDRS is to establish the right of any natural or legal person to bring a challenge before an administrative or judicial body against any electoral act or decision that it considers prejudicial.