Deadlines are not always set down in an explicit way. However, there is a
general trend towards a reduction in the periods during which electoral appeals can be
filed. Such a trend is derived from a couple of needs. On one hand, it is
necessary to renew public offices without any delay whatsoever. On the other
hand, it is necessary to spend less and less time campaigning.
Two different appeals that can be distinguished from each other produce
different filing deadlines. Deadlines are very different for those appeals used
to challenge voters’ registers. There
are three-day deadlines (Costa Rica, Guatemala, and Panama), four-day deadlines
(Mexico), five-day deadlines (Chile, Dominican Republic, and Uruguay),
fifteen-day and twenty-day deadlines (Argentina) and even thirty-day deadlines
(Colombia). With regard to the preparations for the election day, there are three-day
deadlines (Brazil and Guatemala), four-day deadlines (Mexico) and five-day
deadlines (Argentina and Uruguay). Some countries’ deadlines are further
extended, such as appeals against the registration of political parties (ten
days in Peru and thirty days in Paraguay).
A second group of deadlines relates to appeals against electoral
results. Some can be filed within twenty
four hours after the counting has been done at the voting sites (Bolivia and
Colombia); there are also “claims” and
“complaints” which can be filed before superior electoral authorities (before
elections are validated) which have to be filed within two days at the most
(Argentina, Ecuador, El Salvador and Dominican Republic); in some other cases electoral results must be appealed within three
days (Brazil and Costa Rica), within four days (Mexico) and five days (Honduras,
Nicaragua, Panama and Uruguay). In Chile, electoral deadlines are set at the
fifteenth day, while in Venezuela they are set at the twentieth or even the
thirtieth day (with respect to the presidential contest). Peru decided to leave
a more open deadline. Appeals can be filed there until a candidate has been
declared as the winner.
Concerning electoral results, it must be noted that some systems for
electoral litigation authorize departments within their electoral authorities
to resolve appeals within different deadlines. For example, three day appeal periods are established in
both Brazil (when the Supreme Electoral Tribunal resolves the appeals filed
against rulings issued by regional
electoral tribunals) and Mexico (where the Superior Court of the Electoral
Tribunal resolves appeals filed against
the rulings issued by regional courts on the inconformity appeals derived from
congressional elections); as well as in Bolivia, without a specific deadline
(when the National Electoral Court resolves appeals filed against the department electoral
courts); and another option is an appeal filed within the same superior
electoral authority (Guatemala and Nicaragua). In addition, some systems
include the possibility of appealing before a non electoral judicial authority
for constitutional reasons (Bolivia; Brazil, three days; Guatemala, five days
to fill a constitutional review in the Supreme Court and two more days for an
appeal at the Constitutional Court, like in Honduras or Panama), legality
reasons (Colombia, eight days), or even a revision before a political authority
(Argentina, with no specific deadline).
Deadlines to resolve electoral appeals are not always regulated and those
that indeed are, have great variations. Regarding appeals against the electoral register, the
deadlines to resolve them fluctuate between six (Chile and Mexico), eight
(Guatemala) and ten days (Uruguay). Appeals against the creation of new parties
vary from three (Costa Rica), four (Peru), six (Mexico), ten (Argentina) and
fifteen days (Chile). Also the appeals filed against acts to prepare the
election must be resolved within three (Guatemala), five (Argentina) or six
days (Mexico).
There are also some systems that do not specify a deadline, but establish a point of reference such as before
the declaration of the election (Costa Rica), before the elected authority
takes the office or before the installment of the state congress (Mexico for
state elections), or finally a deadline marked by an specific date (Mexico,
which means twenty days for regional electoral tribunals to resolve appeals
filed against congressional elections and ten to fifteen days for the superior
electoral authority in the Electoral Tribunal for reconsidering an appeal
against a congressional election or sixty days for presidential election).
Deadlines granted to jurisdictional bodies to resolve appeals filed against
autonomous electoral authorities in the matter of electoral results vary from
three days (for the Supreme Court of Guatemala to resolve trials related to the
violation of fundamental rights), five (for the Constitutional Court of
Guatemala to resolve appeals), to fifty days (Colombia).
In Argentina, regarding the appeals against electoral results filed at political agencies, there are no deadlines. As a matter of fact, with regard to the congressional elections, appeals can be filed even after Congress is opened for business (which means that congressional members hold their seats in a provisional way. In other words, they can be removed and replaced by other candidates after an appeal has been resolved).
