total countries/territories: 228
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Country/Territory |
Answers |
Comments |
Verified |
Afghanistan
|
a. Judiciary
d. Other
|
Disputes over electoral matters are referred to the Central Complaints Commission established 120 days prior to the election date, by the president in consultation with the head of the Wolesi Jirga, the Meshrano Jirga and the head of the Supreme Court (Chief Justice).
Source:
Afghanistan Electoral Law, art. 66(1): http://aceproject.org/ero-en/regions/asia/AF/afghanistan-election-law-2014-english/view (2014).
http://www.afghanembassy.com.pl/afg/images/pliki/TheConstitution.pdf
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2019/09/24
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Albania
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b. EMB
|
Source:
The Electoral Code of the Republic of Albania, dated 2 April 2015, art. 29.
The Constitution of the Republic of Albania, art. 153.
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2017/05/17
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Algeria
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a. Judiciary
b. EMB
|
Every candidate or political party participating in legislative elections has the right to challenge the voting process by lodging an appeal before the Constitutional Court within forty-eight (48) hours after the announcement of the results.
For the election of members of the Communal People's Assemblies and wilayas, every voter has the right to challenge the lawfulness of the voting process by filing a claim in the polling station where he voted.
This claim is recorded in the minutes of the polling station where the elector has cast his ballot and sent to the Election Commission of wilaya.
The electoral commission of wilaya adjudicates on claims submitted to it and pronounces its decision within a maximum of ten (10) days.
Source:
Electoral law (Loi organique n° 12-01 du 18 Safar 1433 correspondant au 12 janvier 2012 relative au régime électoral), art. 165, 166: http://www.parliament.am/library/norelectoral%20law/aljir.pdf (2017)
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2019/09/25
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American Samoa
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a. Judiciary
d. Other
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D. Other - Board of Registration
The Board of Registration is the first level of disputes, however the High Court becomes the first level of disputes under the following conditions
* An elector's qualifications are challenged after they vote
* Challenges that relate to causes that would cause a difference in the election result.
Source:
High Court, American Samoa Code Annotated Title 6 Elections 6.0901, 6.0902, 6.0903.
Board of Registration, American Samoa Code Annotated Title 6 Elections 6.0223 (a) (d).
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2017/08/18
|
Andorra
|
a. Judiciary
c. Specially Appointed/Elected Electoral Tribunal
|
Source:
Electoral law: 28/2007 - "Llei qualificada del règim electoral i del referèndum", art. 28: https://aceproject.org/ero-en/regions/europe/AD/andorra-electoral-law-2007/
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2023/06/09
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Angola
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b. EMB
|
The National Electoral Commission decides on challenges by citizens and political parties regarding the elections.
Source:
Electoral Law n.º 36/11 of 21 December 2011 regulating General Elections, art. 144 (1-j): http://www.tribunalconstitucional.ao/uploads/%7Bc46fa0b3-c947-4440-ae92-5f1a3a275d8a%7D.pdf (2017)
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2017/03/28
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Anguilla
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a. Judiciary
|
"67(1) Every election petition shall be tried in the same manner as any other action in the High Court by a Judge sitting alone..."
Source:
Election Act 2008: art. 67 (1)
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2015/02/24
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Antigua and Barbuda
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e. No information available
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2011/07/28
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Argentina
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a. Judiciary
|
The electoral judges will know at the request of a party or ex officio: 1. In the first and only instance in trials on electoral offenses.
Source:
Electoral Code: “Código Electoral Nacional — Ley 19945”, art. 44: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019);
Law on the National Electoral Justice: “Ley Orgánica de la Justicia Nacional Electoral — Ley 19108”, art. 12: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19108-organica-justicia-nacional-electoral-2019/ (2019)
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2021/12/26
|
Armenia
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a. Judiciary
b. EMB
|
art 14 of the electoral code allows for complaints related to the list of electors can be heard by "superior authorities or through judicial procedure.
art 47 and 48 clarify that the Central Election Commission may hear election complaints and that decisions may be appealed through administrative or judicial procedure.
Source:
Electoral Code of 25 May 2016, art. 14,47,48:
http://www.venice.coe.int/webforms/documents/?pdf=CDL-REF(2016)042-e
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2015/12/01
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Aruba
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a. Judiciary
|
Source:
Mr. Hubert Maduro, President, Electoral Council of Aruba
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2017/07/07
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Australia
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a. Judiciary
|
The validity of any election or return of an election may be disputed by petition to the Court of Disputed Returns.
Source:
Commonwealth Electoral Act 1918 (amended in 2019) Sec.353-354: https://www.legislation.gov.au/Details/C2019C00103/f85985f8-e256-4e11-ad31-884ed7f92224
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2024/09/09
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Austria
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c. Specially Appointed/Elected Electoral Tribunal
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The main electoral board shall include members who belong or have belonged to the judiciary.
Source:
Constitution of Austria, Art. 26(6)
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2012/05/29
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Azerbaijan
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b. EMB
|
112.1: Voters, candidates, registered candidates, political parties, blocs of political parties, referendum campaign groups, agents of registered candidates, political parties, blocs of political parties, referendum campaign groups, observers, and election commissions may file complaints about decisions and actions (lack of actions) which violate citizens’ right to vote within 3 days of the date the decision is published or made, or the date actions (lack of actions) occurred, or
the interested person is informed about it.
112.2: The persons indicated in Article 112.1 of this Code may submit their complaints to the relevant superior election commission.
112.3. If complaints of the persons indicated in Article 112.1 are initially not considered by a superior election commission, such persons may consequently appeal complaints on the decision or the action (inaction) of the constituency election commission to the Central Election Commission, and on the decision or the action (inaction) of the Central Election Commission to the court.
Source:
Election Code of the Republic of Azerbaijan including 2024 amendments, Article 112: https://msk.gov.az/uploads/qanunvericilik/Election-Code-2024.pdf
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2024/11/12
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Bahamas
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c. Specially Appointed/Elected Electoral Tribunal
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An Election Court, constituted for each electoral process and consisting of two Justices to the Supreme Court appointed by the Chief Justice have jurisdiction to hear and determine any question related to the election of the members of the House of Assembly.
Source:
Constitution of the Bahamas, Art. 51.
https://www.constituteproject.org/constitution/Bahamas_2002?lang=en (2017)
Electoral Law, Art. 80.
http://aceproject.org/ero-en/regions/americas/BS/bahamas-parliamentary-elections-act-2012/view (2017)
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2017/03/27
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Bahrain
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b. EMB
|
The High Election Committee
Source:
Decree No. 71 of 2014 Electoral Law article 103: https://aceproject.org/ero-en/regions/mideast/BH/bahrain-collection-of-electoral-laws-2014-in/view
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2024/11/25
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Bangladesh
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a. Judiciary
|
The High Court Division is responsible for formal electoral disputes, as outlined in the Representation of People Order, 1972
Source:
Constitution of Bangladesh: Part VII, Art. 125 (b)
Representation of People Order (1972); Chapter 5, Art. 49(2)
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2012/05/30
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Barbados
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c. Specially Appointed/Elected Electoral Tribunal
|
The Election Court (comprising three Judges) is responsible for trying the election petition - when hearing an election petition it has the same powers, jurisdiction and authority as the High Court.
Source:
Election Offences and Controversies Act: Ch.3, Section 39.
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2011/07/28
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Belarus
|
a. Judiciary
b. EMB
|
Powers of the Central Commission: 26) consider appeals against decisions of election commissions and take decisions on them;
27) consider appeals of citizens and organizations on issues of holding of elections;
33) exercise other powers in accordance with the legislation of the Republic of Belarus. Decisions of the Central Commission may be appealed against in the Supreme Court of the Republic of Belarus in the cases provided for by the legislation of the Republic of Belarus.
Source:
Electoral Code: "Electoral Code of the Republic of Belarus”, art. 79: https://aceproject.org/ero-en/regions/europe/BY/belarus-electoral-code-2023-english/
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2023/09/13
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Belgium
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d. Other
|
d) The Parliament is competent for electoral disputes concerning the election of MPs, and the Senate is competent for electoral disputes concerning the election of Senators.
Source:
Electoral Code, Art. 231, 232
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2017/06/30
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Belize
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a. Judiciary
|
Every election petition shall be tried by the Chief Justice or by a judge of the Supreme Court nominated by the Chief Justice for the purpose.
Source:
Electoral Law: “Representation of the People Act, Chapter 9”, Section 47: https://aceproject.org/ero-en/regions/americas/BZ/belize-representation-of-the-people-act-2020/
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2025/03/24
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Benin
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a. Judiciary
|
The Constitutional Court has jurisdiction to resolve presidential and legislative election disputes.
The Supreme Court has jurisdiction to resolve local election disputes.
Source:
Law n ° 2010-33 of 7 January 2011 setting general rules for the elections in the Republic of Benin, art. 97, - 106: http://ddata.over-blog.com/1/35/48/78/Benin-2/Loi-electorale-generale-pour-2011.pdf (2016);
Constitution of 11 December 1990, art. 8 (2), 117 (2): http://www.gouv.bj/sites/default/files/Cour-Constitutionnelle-recueil-des-textes-fondamentaux.pdf (2016)
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2019/04/05
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Bermuda
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a. Judiciary
|
The Supreme Court is responsible for any appeals which are brought to the Registrar, however objections relate only to the registration of electors.
Legislation relating to the dispute of an election outcome is not included in the Elections Act nor Constitution.
Source:
Parliamentary Election Act 1978, Art. 17
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2012/05/31
|
Bhutan
|
c. Specially Appointed/Elected Electoral Tribunal
|
The Commission shall establish Election Dispute Settlement Bodies at two different
levels.
The Body at the national level shall be designated as the Central Election Dispute
Settlement Body (CEDSB).
The body at a Dzongkhag shall be designated as the Dzongkhag Election Dispute
Settlement Body (DEDSB).
Source:
Election Dispute Settlement Rules and Regulations of the Kingdom of Bhutan, Election Commission of Bhutan (2018), Article 5: https://www.ecb.bt/Rules/Disputeeng.pdf
Election of Act of the Kingdom of Bhutan, 2008, Chapter 20, Article 466: https://www.ecb.bt/wp content/uploads/2013/04/ElectionActEnglish.pdf
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2024/08/27
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Bolivia
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b. EMB
|
The Supreme Electoral Court, the Departmental Electoral Court and the Electoral Juries are responsible about contentious electoral issues.
Source:
Electoral Law: “Ley del Régimen Electoral — Ley 026-2010”, art. 170: http://aceproject.org/ero-en/regions/americas/BO/bolivia-ley-026-2010-regimen-electoral-vigente/ (2019).
EMB Law: "Ley del Órgano Electoral Plurinacional — Ley 018-2010", art. 39 (3 & 4), 54 (1 & 2): http://aceproject.org/ero-en/regions/americas/BO/bolivia-ley-018-2010-organo-electoral-plurinacional-vigente/ (2019).
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2024/12/09
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Bosnia and Herzegovina
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b. EMB
|
For different types of disputes, different bodies are responsible in the first instance: Municipal Election Commission, Central Election Commission.
Source:
Electoral Law: Election Law of Bosnia and Herzegovina, art. 6:4 & art. 6:6.
https://www.izbori.ba/Documents/documents/ZAKONI/BiH_Election_Law_last_consolidated_version.pdf?v-4 (2024)
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2025/06/23
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Botswana
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a. Judiciary
|
Election petitions are heard by the High Court. Petitions must be submitted within 30 days of the announcement of the result disputed. If petitions are withdrawn the costs devolve on the petitioner.
Source:
Electoral Act of 1968 (as amended until 2012), art. 116: http://www.iec.gov.bw/images/pdf/ElectoralAct.pdf (2014).
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2014/10/24
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Brazil
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b. EMB
c. Specially Appointed/Elected Electoral Tribunal
|
The Supreme Electoral Tribunal/Court, the Regional Electoral Tribunals, and the Electoral Judges.
In Brazil, the agency responsible for handling the first level of formal electoral disputes is the Regional Electoral Court (Tribunal Regional Eleitoral - TRE). The TRE is the first-instance body for most electoral disputes, and its decisions can be appealed to the Superior Electoral Court (TSE), which serves as the final appellate authority.
Source:
Electoral Code - Law No. 4,737, of July 15, 1965, Article 23, 29, 30, 35:
https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965
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2024/10/18
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Brunei Darussalam
|
f. Not applicable
|
Source:
Constitution, Art. 23: http://publicofficialsfinancialdisclosure.worldbank.org/fdl/sites/fdl/files/assets/law-library-files/Brunei_Constitution_1959_amended%202011_EN.pdf (2013);
CIA World Factbook: https://www.cia.gov/library/publications/the-world-factbook/geos/bx.html
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2013/03/18
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Bulgaria
|
a. Judiciary
|
Challenge to the legality of the elections for parliament and the election of a Member of Parliament shall be decided by the Constitutional Court.Challenge to the legality of the election of President and Vice President of the Republic shall be decided by the Constitutional Court.
Source:
Electoral Law: Election Code, aArt. 304, Art. 347
http://dv.parliament.bg/DVWeb/showMaterialDV.jsp?idMat=82965
(2014)
|
2014/10/02
|
Burkina Faso
|
a. Judiciary
|
The Constitutional Court
Source:
Constitution as amended in 2012, art. 152, 154: http://www.ceni.bf/sites/default/files/constitution-revisee-juin-2012.pdf (2012);
|
2015/12/04
|
Burma (Myanmar)
|
b. EMB
|
The Elections Commission may form Election Tribunals to hear and arbitrate on disputes relating to the election and appointment of members.
Source:
Constitution of Myanmar, art. 399 (g): http://burmacampaign.org.uk/media/Constitution-1.pdf (2015);
The Pyithu Hluttaw Election Law, art. 68, 69: http://www.altsean.org/Research/2010/Resources/Laws/Pyithu%20Hluttaw%20Election%20Law.pdf (2013).
|
2015/11/17
|
Burundi
|
a. Judiciary
|
The Constitutional Court
Source:
Electoral Code: https://courconstitutionnelle.gov.bi/wp-content/uploads/2024/09/Code-Electoral_30092024095027.pdf
Constitution, art. 234: https://acbc.iom.int/sites/g/files/tmzbdl441/files/Legislation/Countries%20legislations/BURUNDI/Constitution%20of%20Burundi%20of%20_2018_compressed.pdf
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2025/05/08
|
Cambodia
|
a. Judiciary
b. EMB
|
The National Election Committee shall decide on all complaints relating to the election, except for complaints which fall under the jurisdiction of the courts.
The Constitutional Council has the right to examine and to decide on litigation related to the elections of the members of the National Assembly and the elections to the Senate.
Source:
Constitution, art. 136 (2): http://www.ccc.gov.kh/english/CONSTITUTIONEng.pdf (2013);
Law on the Election of the Members of the National Assembly, arts. 113-114: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-of-LEMNA-by-CNRP-CPP_March_08_2015132491924.pdf
|
2023/10/11
|
Cameroon
|
a. Judiciary
b. EMB
|
a) The Constitutional Court;
b) The Electoral Council
Source:
Electoral Code of 13 April 2012, art. 10 (2), 132 - 136: http://www.assemblenationale.cm/index.php?option=com_wrapper&Itemid=82 (2012);
Constitution, art. 48: http://www.assemblenationale.cm/images/stories/DOCUMENTS_PDF/constitution.pdf (2012)
|
2012/08/09
|
Canada
|
a. Judiciary
b. EMB
|
The Commissioner of Canada Elections, who is selected and appointed by the Chief Electoral Officer of Canada, ensures that the Canada Elections Act (and the Referendum Act) is enforced and complied with. The Commissioner has the necessary judiciary powers to decide whether to investigate and prosecute an offense under the Act.
Source:
The Canada Elections Act (2015), Clause 479 & 522-532
http://laws.justice.gc.ca/PDF/E-2.01.pdf
|
2025/03/28
|
Cape Verde
|
a. Judiciary
|
The Supreme Court of Justice and the Constitutional Court.
Source:
Constitution of Cape Verde as amended in 2010, art. 97: http://www.parlamento.cv/Downloads/Constitui%C3%A7%C3%A3o%20da%20Rep%C3%BAblica%20de%20Cabo%20verde,%202010.pdf (2016);
Electoral Law as amended by Law No 56/VII/2010, art. 20, 252, 353, 399: http://www.parlamento.cv/userfiles/image/site/Leis/Altera%20o%20C%C3%B3digo%20Eleitoral%20-%20texto%20integrante.pdf (2016)
|
2016/05/04
|
Cayman Islands
|
a. Judiciary
|
The Grand Court.
Source:
Constitution: “Cayman Islands Constitution Order 2009”, Section 92: https://aceproject.org/ero-en/regions/americas/KY/cayman-islands-constitution-2009/ ;
Electoral Law: “Elections Act (2021 Revision)”, Section 85: https://aceproject.org/ero-en/regions/americas/KY/cayman-islands-elections-act-2021-revision/ ;
|
2021/12/13
|
Central African Republic
|
a. Judiciary
|
The Constitutional Court.
Source:
Electoral Law N° 09.016, Art. 25: http://ddata.over-blog.com/1/35/48/78/Centrafrique/CODE_ELECTORAL-RCA-2-octobre-2010.pdf (2016)
|
2021/04/19
|
Chad
|
a. Judiciary
|
The election of a member of the National Assembly can be challenged before the Constitutional Court within five (5) days from the date of the proclamation of the election results.
Source:
Electoral Law N° 003/PR/2008 amended by law n° 008/PR/2009, law n° 007/PR/2010 and law n° 020/PR/2010, art. 161: https://publicofficialsfinancialdisclosure.worldbank.org/sites/fdl/files/assets/law-library-files/Chad_Electoral%20code_2009_fr.pdf
|
2019/04/23
|
Chile
|
c. Specially Appointed/Elected Electoral Tribunal
|
The Electoral Court and the Regional Electoral Tribunals will resolve the complaints regarding the electoral process. Resolutions of the regional tribunals are appealable before the Electoral Court.
Source:
Constitution: “Constitución Política de la República de Chile (2017)”, art. 95 & 96:
http://aceproject.org/ero-en/regions/americas/CL/chile-constitucion-politica-de-la-republica-de-1/
Electoral Law: “Ley Orgánica Constitucional sobre Votaciones Populares y Escrutinios (2016)”, art. 96 - 99bis:
http://aceproject.org/ero-en/regions/americas/CL/chile-ley-sobre-votaciones-populares-y-escrutinios/
|
2025/03/04
|
China
|
b. EMB
|
Anyone who has an objection to the roll of voters may appeal to the election committee. The election committee shall make a decision on the appeal within three days. If the appellant is not satisfied with the decision, he may bring a suit in the people's court at least five days prior to the date of election, and the people's court shall make a judgment before the date of election. The judgment of the people's court shall be final.
Source:
Electoral Law, Art. 28
|
2012/06/04
|
Cocos (keeling) Islands
|
a. Judiciary
|
353.(1) The validity of any election or return may be disputed by petition addressed to the Court of Disputed Returns and not otherwise.
354. (1) The High Court shall be the Court of Disputed Returns, and shall have jurisdiction either to try the petition or to refer it for trial to the Federal Court of Australia (the Federal Court).
(Commonwealth Electoral Act 1918, section 353, 354).
157. Validity of election or return, how to dispute
(1) The validity of any election or return may be disputed by petition addressed to the Court of Disputed Returns, and not
otherwise.
(Western Australia Electoral Act 1907, section 157).
4.81. Complaints to go to Court of Disputed Returns
(1) An invalidity complaint is to be made to a Court of Disputed Returns, constituted by a magistrate, but can only be made
within 28 days after notice is given of the result of the election.
(Western Australia Local Government Act 1995, art. 4.81).
Source:
Commonwealth Electoral Act 1918, as amended on 8 March 2019, art. 353, 354: https://www.legislation.gov.au/Details/C2019C00103
Western Australia Electoral Act 1907, section 157: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_290_homepage.html
Western Australia Local Government Act 1995, art. 4.81: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_551_homepage.html
|
2019/08/01
|
Colombia
|
b. EMB
|
The National Electoral Council (Consejo Nacional Electoral)
Source:
Constitution: “Constitución Política de Colombia”, art. 265 (3, 4): http://aceproject.org/ero-en/regions/americas/CO/colombia-constitucion-politica-de-colombia-2016 (2016).
Electoral Law: “Código Electoral”, art. 192: http://aceproject.org/ero-en/regions/americas/CO/colombia-codigo-electoral-2016/ (2016).
|
2024/12/12
|
Comoros
|
a. Judiciary
|
Supreme Court
The Supreme Court has jurisdiction over electoral disputes, including all appeals against acts and operations relating to the organization and conduct of the election, from registration on the electoral rolls to the proclamation of election results.
The conditions for referral to the Supreme Court are specified for each act and operation,
The Supreme Court also hears disputes relating to elections, municipal councils and the municipal council office, as well as motions of censure.
Source:
Electoral Code, Article 90. https://justice.gouv.km/texte/code-electoral/?utm_
|
2025/09/30
|
Congo (Brazzaville)
|
a. Judiciary
|
a) The Constitutional Court
Source:
Electoral Law of 24 November 2001, Art. 110: http://aceproject.org/ero-en/regions/africa/CG/congo-brazzaville-electoral-law-2001/view (2001)
|
2015/10/23
|
Congo (Kinshasa), Democratic Republic of the
|
a. Judiciary
|
The courts competent to hear election disputes are:
- The Constitutional Court, for petitions regarding presidential and legislative elections;
- The Administrative Court of Appeal for petitions regarding provincial elections;
- The Administrative Tribunal for petitions regarding urban, municipal and local elections.
Source:
Loi électorale (2011), Art. 74: http://www.ambardc.eu/index.php?option=com_content&view=article&id=232%3Aloi-electorale-de-la-rdc&catid=50&Itemid=70 (2012)
|
2016/11/03
|
Cook Islands
|
a. Judiciary
|
Source:
Teokoati Joseph, Chief Probation Officer, Probation Service - Ministry of Justice
|
2012/06/04
|
Costa Rica
|
b. EMB
|
Electoral challenges and disputes are solved by provincial and cantonal electoral boards, and by the General Directorate of the Civil Registry. Their judgements may be appealed before the Supreme Elections Tribunal. However, it is possible to resort directly to the Tribunal by means of an electoral challenge and a voiding action.
Source:
Constitution: “Constitución Política de la República de Costa Rica”, art. 102: http://aceproject.org/ero-en/regions/americas/CR/costa-rica-constitucion-politica-reformas-2015.pdf/; Electoral Law: “Ley 8765: Código Electoral”, art. 12:http://aceproject.org/ero-en/regions/americas/CR/costa-rica-ley-8765-codigo-electoral-2018.pdf/
|
2018/01/24
|
Croatia
|
a. Judiciary
b. EMB
|
Article 96: The Constitutional Court of the Republic of Croatia shall oversee the constitutionality and
lawfulness of elections.
Article 98: An objection for irregularities in the nomination procedure and in the election procedure is to be presented to the National Election Commission within 48 hours from the expiry of the day when the disputable activity has been performed.
Source:
Electoral Law: Act on Election of Representatives to the Croatian Parliament (116/99) (consolidated wording with amendments No. 109/00 and 53/03), art. 96-98.
http://www.parliament.am/library/Electoral%20law/xorvatia.pdf
|
2020/07/02
|
Cuba
|
b. EMB
|
Source:
Electoral Law: “Ley No. 127, Ley Electoral”, art. 34: https://aceproject.org/ero-en/regions/americas/CU/cuba-ley-electoral-127-2019-ace/
|
2023/09/12
|
Cyprus
|
a. Judiciary
|
OSCE: Complaints related to the general administration of the election and voter registration are filed with DROs. Election day complaints can be filed with and considered by presiding officers at polling stations, and most of them are usually submitted by candidate agents. Lower-level election administration decisions can be appealed to the GRO and then to the Supreme Court, which serves as an electoral court during the electoral period and takes decisions on the validity of elections and considers complaints on candidate registration.
The Supreme Court has exclusive jurisdiction to act as an electoral dispute body.
Source:
Presidential Election, 28 January 2018 OSCE/ODIHR Needs Assessment Mission Report
https://www.osce.org/odihr/elections/cyprus/363771?download=true
Electoral Law 72 of 1979 as amended, Art. 57 (1):
http://aceproject.org/ero-en/regions/europe/CY/cyprus-electoral-law-72-1979-greek-version/ (2016);
Official website of the Supreme Court:
http://www.supremecourt.gov.cy/judicial/sc.nsf/DMLScourt_gr/DMLScourt_gr?OpenDocument (2016).
|
2024/10/25
|
Czech Republic
|
a. Judiciary
d. Other
|
Art 87.1: The Constitutional Court has jurisdiction: e) over remedial actions from decisions concerning the certification of the election of a Deputy or Senator;
Electoral law: The Supreme Court shall be the court with jurisdiction in regard to proceedings under Articles 86, 87, and 88 above.
Source:
Electoral Law: Act of Law 247/1995 Coll., on elections to the Parliament of the Czech Republic (amended by 480/2006 Coll.), art. 86-89
http://aceproject.org/ero-en/regions/europe/CZ/czech-republic-act-no.-247-on-elections-to-the/view (2017)
Constitution Article 87
https://www.constituteproject.org/constitution/Czech_Republic_2013?lang=en
|
2023/09/14
|
Côte d'Ivoire
|
a. Judiciary
|
The Constitutional Court
Source:
1)Constitution de la République de Côte d'Ivoire (2000), art. 60, 97: http://aceproject.org/ero-en/regions/africa/CI/cote-divoire-constitution-du-23-juillet-2000/view
2) Rapport Final, Élections Présidentielles, EU, (2010):http://aceproject.org/ero-en/regions/africa/CI/cote-divoire-final-report-presidential-election-eu/view
|
2016/11/30
|
Denmark
|
d. Other
|
Parliamentary Election Act, article 88 (1):
Any voter may complain of general elections. Complaints are to be addressed to the Folketing and submitted to the Minister for Economic Affairs and the Interior. Complaints must Ministry for Economic Affairs and the Interior have been received by the Minister for Economic Affairs and the Interior by the weekday after election day at the latest.
Source:
Election Act, Ch. 1, P.11, Art. 88(1)
|
2019/05/23
|
Djibouti
|
d. Other
|
ARTICLE 69. - The dispute of all the elections falls within the competence of the constitutional council. Pending the establishment of this institution provided for by Articles 75 to 82 of the Constitution, its powers in electoral matters are exercised by the Supreme Court
Article 77: The Constitutional Council sees to the regularity of all the elections and of the operations of referendum and proclaims the results of them. It examines the complaints and decides on them.
The Constitutional Council is referred to the matter in case of dispute concerning the validity of an election by any candidate or any political party.
Source:
Organic Law No. 1/AN/92 regulating Elections, art. 69 - 74: https://aceproject.org/ero-en/regions/africa/DJ/djibouti-electoral-law-1992/view (2016);
Constitution, as amended by Constitutional Law n° 134/AN/06/5 L of 21 Avril 2010, art. 47 (2), art. 77: https://www.constituteproject.org/constitution/Djibouti_2010.pdf?lang=en (2016)
|
2023/07/11
|
Dominica
|
a. Judiciary
|
A petition complaining of an undue return or an undue election of a member of the House of Assembly should be submitted to the High Court within 21 days after the return of the member to whose election the petition relates.
Source:
Dominica Elections Act No. 14 of 1951, Section 65: https://aceproject.org/ero-en/regions/americas/DM/dominica-elections-act-1951/view (2014).
|
2014/12/05
|
Dominican Republic
|
b. EMB
|
The Supreme Electoral Tribunal (TSE) is the competent body to judge and decide, definitely, on contentious electoral issues.
Source:
Constitución: Constitución de la República Dominicana (2015) art. 214: http://aceproject.org/ero-en/regions/americas/DO/republica-dominicana-constitucion-politica-2015/ (2020)
Ley No. 29-11 Regulación sobre el funcionamiento del Tribunal Superior Electoral, art. 13 & 15:
http://aceproject.org/ero-en/regions/americas/DO/dominican-republic-law-no.-29-11-regulating-the/ (2016)
|
2020/02/04
|
Ecuador
|
c. Specially Appointed/Elected Electoral Tribunal
|
The Electoral Contentious Tribunal.
Source:
Constitution: “Constitución de la República del Ecuador”, art. 221: https://aceproject.org/ero-en/regions/americas/EC/ecuador-constitucion-2020/ ;
Electoral Law: “Ley Orgánica Electoral y de Organizaciones Políticas de la República del Ecuador, Código de la Democracia”, art. 61, 70: https://aceproject.org/ero-en/regions/americas/EC/ecuador-codigo-democracia-2023/
|
2025/03/13
|
Egypt
|
b. EMB
|
National Electoral Commission should be created to supervise and monitor the country’s general elections – parliamentary, presidential and municipal – and referendums
Source:
Constitution of the Arab Republic of Egypt 2014, revised 2019 art. 208
Law No. 198 for the year 2017 on the National Election Authority: https://www.elections.eg/images/pdfs/laws/NEAlaw2017-198_en.pdf
|
2025/09/23
|
El Salvador
|
b. EMB
|
The Supreme Electoral Tribunal (TSE) has both administrative and judicial functions.
Source:
Constitution: “Constitución Política de la República de El Salvador”, art. 208: https://aceproject.org/ero-en/regions/americas/SV/el-salvador-constitucion-2014/
|
2024/12/19
|
Equatorial Guinea
|
e. No information available
|
|
2016/05/03
|
Eritrea
|
b. EMB
|
Source:
Constitution, art. 57:1
|
2011/06/21
|
Estonia
|
b. EMB
|
§ 68.
For the purposes of this Act, a complaint is a request for a resolution of an electoral committee to be reviewed and declared invalid or for an act of an electoral committee to be declared unlawful which is filed with a county electoral committee or the National Electoral Committee and is prepared according to the requirements of this Act
Source:
Electoral Law: Riigikogu Election Act as amended on 13 April 2016, ch. 12.
|
2019/02/19
|
Ethiopia
|
d. Other
|
Complaints Relating to Electors' Registration are resolved by the polling station Grievance Hearing Committee.
Complaints Relating to Candidates Registration are resolved by the Constituency Grievance Hearing Committee.
Complaints Related to Voting are resolved by the Poling station Grievance Hearing Committee.
Complaints Relating to Vote Counting and Results are recorded to the Polling Station Grievance Hearing Committee, and resolved by the Constituency Grievance Hearing Committee in 48 hours.
Source:
Electoral Law as amended by Proclamation No. 532/2007, art. 93, 94, 95, 96
http://aceproject.org/ero-en/regions/africa/ET/ethiopia-proclamatio-no.-532-2007-amending-the/view
|
2015/05/18
|
Falkland Islands (Malvinas)
|
a. Judiciary
|
Source:
Constitution: “Falkland Islands Constitution Order 2008”, Section 36: https://aceproject.org/ero-en/regions/americas/FK/falkland-islands-constitution-2008/ ;
Electoral Law: “Electoral Ordinance 1988”, Section 125, 168: https://aceproject.org/ero-en/regions/americas/FK/falkland-islands-electoral-ordinance-1988/ ;
|
2022/04/19
|
Faroe Islands
|
e. No information available
|
|
2012/07/09
|
Fiji
|
a. Judiciary
b. EMB
|
According to the Constitution, the Electoral Commission is responsible for the settlement of electoral disputes, including disputes relating to or arising
from nominations, but excluding election petitions and disputes subsequent to the declaration of election results.
The High Court/Court of Disputed Returns, on the other hand, has jurisdiction to hear and determine the validity of an election of a person as a member of Parliament.
Source:
Constitution, art. 66 (2), 75 (2-d): https://aceproject.org/ero-en/regions/pacific/FJ/fiji-constitution-2013/at_download/file (2014).
Electoral Decree No. 11 of 2014, art. 120-134: https://aceproject.org/ero-en/regions/pacific/FJ/fiji-electoral-decree-no.-11-of-2014/at_download/file (2014).
|
2018/04/18
|
Finland
|
a. Judiciary
|
The appeal shall be sent to a competent Provincial Administrative Court within 14 days from the confirmation of the election results. In European Parliamentary elections, the appeal is, however, always sent to the Provincial Administrative Court of Uusimaa.
Source:
Election Act 714/1998 as amended, Section 102, para. 1
http://www.legislationline.org/documents/action/popup/id/5672
|
2019/04/02
|
France
|
a. Judiciary
c. Specially Appointed/Elected Electoral Tribunal
|
a) Administrative Courts of First Instance for regional and municipal elections;
b) The Supreme Administrative Court for European Parliament elections;
c) The Constitutional Court for legislative, presidential and Senate elections.
Source:
a) Electoral Code, Art. L222, L248, L461; https://www.legifrance.gouv.fr/affichCode.do;jsessionid=F68B3CF06BA941E48270531A7F396845.tplgfr23s_1?cidTexte=LEGITEXT000006070239&dateTexte=20200617
b) Law No. 77-729 of 7 July 1977 on the election of representatives to the European Parliament, Art. 25;
c) Electoral Code, Art. LO179; Decree 58-1067 of 7 November 1958 on the Constitutional Court, Art. 33; Constitution, Art. 58, 59
|
2020/06/21
|
French Guiana
|
a. Judiciary
c. Specially Appointed/Elected Electoral Tribunal
|
a.) Administrative courts for regional, departmental and municipal elections. Le Conseil d'Etat (the Supreme Administrative Court) for European Parliament elections. c.) Le Conseil constitutionnel (the Constitutionnal court) for legislative, presidential and Senate elections.
Source:
Anne Renault, Department of elections and political studies, Ministry of Interior, France
|
2007/01/14
|
French Polynesia
|
d. Other
|
"Juge Administratif" (administrative judge)
Source:
Elecoral Code, Article L.117-1, L.118-1-2, LO325.
|
2004/01/15
|
Gabon
|
a. Judiciary
|
The Administrative Court and the Constitutional Court
Art 84: The Constitutional Court is seized, in the case of contestation of the validity of an election, by any voter, any candidate, any political party or the delegate of the Government under the conditions provided for by the organic law.
Source:
Consitution, article 83, 84
https://www.constituteproject.org/constitution/Gabon_1997?lang=en
Law No. 7/96 of 12 March 1996 establishing common rules for all political elections, with all the subsequent amendments, art. 119
http://aceproject.org/ero-en/regions/africa/GA/gabon-code-electoral-2005/view (2017)
Organic Law Organic Law No. 9/91 of 26 September 1991 on the Constitutional Court, amended by Organic Law No. 13/94 of September 17, 1994 and Organic Law No. 003/2003 of June 2, 2003, article 25
http://www.cour-constitutionnelle.ga/loi_organique (2017)
|
2017/03/24
|
Gambia
|
a. Judiciary
|
An election petition may, within thirty days from the date of the declaration of the result of the election be presented to the Supreme Court in its civil jurisdiction.
Source:
Elections Decree 78 of 1996, part VII, section 98: http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view
|
2017/03/21
|
Georgia
|
a. Judiciary
b. EMB
|
A violation of the electoral legislation may be appealed at a relevant election commission. The decision of the Central Electoral Commission can appealed in the Constitutional Court.
Source:
The Election Code of Georgia, art. 78:
https://matsne.gov.ge/en/document/view/1557168?publication=87
|
2024/07/24
|
Germany
|
a. Judiciary
d. Other
|
The electoral scrutiny is the responsibility of the parliament (German Bundestag). Complaints against decisions by the Bundestag may be brought to the Federal Constitutional Court.
Source:
Constitution, Ch.3, Art.41 (1,2)
https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.pdf
Federal Constitutional Court Act
http://www.bundesverfassungsgericht.de/SharedDocs/Downloads/EN/Gesetze/BVerfGG.pdf?__blob=publicationFile&v=2#:~:text=The%20Federal%20Constitutional%20Court%20may,for%20other%20constitutional%20court%20proceedings.&text=Applications%20for%20a%20decision%20pursuant,or%20by%20a%20Land%20government.
|
2021/11/16
|
Ghana
|
a. Judiciary
|
The validity of the election of the President may be challenged only by a citizen of Ghana who may present a petition for the purpose to the Supreme Court within twenty-one days after the declaration of the result of the election in respect of which the petition is presented.Constitution, art. 64
Source:
Constitution of the Republic of Ghana (1996), art. 64: http://aceproject.org/ero-en/regions/africa/GH/ghana-constitution-1992-with-amendments-through/view
|
2016/09/21
|
Gibraltar
|
a. Judiciary
|
57.(1) An election petition shall be heard in open court.
(2) At the conclusion of the trial the court shall determine whether the person whose election is complained of, or any and if so, what other person was duly elected, or whether the election was void and such determination shall be final to all intents as to the matters at issue on the petition.
Source:
Parliament Act Number 1950-15, Part IV, Article 57(1,2).
https://www.gibraltarlaws.gov.gi/articles/1950-15o.pdf
|
2019/11/04
|
Greece
|
a. Judiciary
c. Specially Appointed/Elected Electoral Tribunal
|
a) Administrative Courts are competent to handle objections concerning municipal elections.
b) A Supreme Special Court handles objections related to parliamentary elections
Source:
a) Law 3463/2006 (Municipal and Communal Code), art. 64 - 67; Law 3852/ 2010 ("Kallikratis"), art. 147 - 153
b) Constitution, art. 58 and 100:1(a); P.D. 96/2007 (Codification of legal provisions on parliamentary elections), art. 125 - 127
|
2015/02/05
|
Grenada
|
a. Judiciary
|
a) Supreme Court
Article 76 of the Electoral law:
"76. A petition of an undue return or undue election of a member of the House of Representatives in this Ordinance called an election petition may be presented to the Supreme Court by any one or more of the following persons, that is to say---
(1) some person who voted or had a right to vote at the election to which the petition relates;
(2) some person claiming to have had a right to be returned at such election;
(3) some person alleging himself to have been a candidate at such election. "
Source:
Electoral law of 1958, part 7, article 76
|
2011/07/31
|
Guadeloupe
|
a. Judiciary
c. Specially Appointed/Elected Electoral Tribunal
|
a) Administrative courts for regional, departmental and municipal elections. Le Conseil d'Etat (the Supreme Administrative Court) for European Parliament elections;
c) Le Conseil constitutionnel (the Constitutionnal court) for legislative, presidential and Senate elections.
Source:
Elections office, Ministry of Interior, France, [email protected]
|
2007/01/14
|
Guam
|
a. Judiciary
|
Elections contests are brought to the Superior Court of Guam.
Source:
3 Guam Code 12105:
https://law.justia.com/codes/guam/2019/title-3/chapter-12/ ;
|
2020/10/28
|
Guatemala
|
b. EMB
|
The Supreme Electoral Tribunal.
Source:
Electoral Law: “Ley Electoral y de Partidos Políticos”, art. 125: https://aceproject.org/ero-en/regions/americas/GT/guatemala-lepp-y-reglamentos-2023/
|
2023/05/29
|
Guinea
|
a. Judiciary
|
The Constitutional Court is the competent jurisdiction in constitutional, [and] electoral matters and in [matters] of the fundamental rights and freedoms. Constitution, art. 93
Source:
Constitution (2010), art. 62, 93, 94:http://aceproject.org/ero-en/regions/africa/GN/guinea-constitution-2010-english-version/
|
2017/01/26
|
Guinea-Bissau
|
a. Judiciary
|
The Supreme Court of Justice
Source:
Electoral Law of 11 November 2009 on the election of the President of the Republic and the National People's Assembly ("Lei Eleitoral Para Presidente da República e Assembleia Nacional Popular"), art. 137: http://www.cne-guinebissau.org/phocadownload/lei_eleitoral.pdf (2012)
|
2014/06/24
|
Guyana
|
a. Judiciary
|
"64. All questions as to the membership of the National Assembly shall be determined by the High Court in accordance with the provisions of article 163"
Source:
Constitution, article 64.
|
2015/05/10
|
Haiti
|
b. EMB
|
Source:
Le Moniteur sous la direction de Beauzile, Fritzner, « Loi électoral », http://haitijustice.com/pdf/legislation/loi-electorale-haiti-2013.pdf, Art.1, 1.1, 168ième année No. 229, 2013, P.4.
|
2015/04/08
|
Holy See (Vatican City State)
|
f. Not applicable
|
f) Religious legal system: the Supreme Pontiff (Pope) is elected according to Canon Law
Source:
Fundamental Law promulgated by Pope JOHN PAUL II 26 November 2000, effective 22 February 2001, Art. 1 (2): http://www.vaticanstate.va/NR/rdonlyres/3F574885-EAD5-47E9-A547-C3717005E861/2522/FundamentalLaw1.pdf (2012)
|
2012/05/14
|
Honduras
|
c. Specially Appointed/Elected Electoral Tribunal
|
The Supreme Electoral Tribunal must inform to the judicial competent authority about the legal effects of the electoral disputes.
Source:
Constitution: “Constitución Política de 1982", art. 5, 51, 53, 303: https://aceproject.org/ero-en/regions/americas/HN/honduras-constitucion-politica-de-1982-2021/ ;
Electoral Law: “Ley Electoral de Honduras”, art. 174, 293, 296: https://aceproject.org/ero-en/regions/americas/HN/honduras-ley-electoral-2021-con-reformas-2021/
|
2025/08/07
|
Hong Kong
|
a. Judiciary
d. Other
|
(1) A person who is dissatisfied with a decision of the Electoral Registration Officer made for the purposes of this Ordinance may appeal against the decision to a Revising Officer.
(2) The determination of a Revising Officer on such an appeal is final.
(3) The Electoral Registration Officer, or an Assistant Electoral Registration Officer, is required to appear as the
respondent at the hearing of the appeal.
(4) At the hearing of the appeal, the appellant or any other person concerned in the appeal is entitled to appear in
person and, whether or not the appellant appears in person, to be represented by a legal practitioner or any other person.
Source:
Legislative Council Ordinance, Sec.34:
https://aceproject.org/ero-en/regions/asia/HK/hong-kong-legislative-council-ordinance-cap-542
|
2021/06/07
|
Hungary
|
b. EMB
|
Sec.209(1): Objections shall be submitted so that they are received by the election commission with scope and competence in adjudging them on the third day after the legal violation at the latest.
Source:
Act XXXVI of 2013 on Electoral Procedure (last modified by Act CCVII of 2013), Sections 208-212 & 297: http://njt.hu/cgi_bin/njt_doc.cgi?docid=159995.329468.
|
2018/07/30
|
Iceland
|
b. EMB
|
Formal electoral disputes can be divided into two categories. Disputes at the preparatory stage and complaints submitted after the election. The former disputes are decided upon by the electoral board for the constituency. The board decision can be referred to the National Electoral Board as a final instance.
Complaints submitted after the elections concerning some irregularities regarding a candidate or a list of a political party are decided upon by the Parliament when it convenes after the election. Complaints concerning offenses which are considered criminal under the act handled by the judiciary.
Source:
Björn Fridfinnsson, Ministry of Justice and Ecclesiastical Affairs, bjorn.fridfinnsson(a)dkm.stjr.is
Parliamentary Elections Act, Chapter 17, art 111
https://www.legislationline.org/download/id/3897/file/Iceland_Act_Parliamentary_Elections_to_Althing_2000_en.pdf
|
2020/07/27
|
India
|
a. Judiciary
|
High Court to try election petitions.
(1) The Court having jurisdiction to try an election petition shall be the High Court.
(2) Such jurisdiction shall be exercised ordinarily by a single Judge of the High Court and the Chief Justice shall, from time to time, assign one or more Judges for that purpose:
Provided that where the High Court consists only of one Judge, he shall try all election petitions presented to that
Court.
(3) The High Court in its discretion may, in the interests of justice or convenience, try an election petition, wholly or
partly, at a place other than the place of seat of the High Court.
Source:
The Representation of the People Act 1951, Section 80A: http://legislative.gov.in/sites/default/files/04_representation%20of%20the%20people%20act%2C%201951.pdf
|
2024/06/18
|
Indonesia
|
b. EMB
|
Article 1(17): Bawaslu is the Election Supervisory Body that supervises the implementation of the Election throughout the Unified State of the Republic of Indonesia.
Article 258(1): Bawaslu is entitled to solve election disputes.
(3) Bawaslu shall investigate and decide Election disputes within 12 (twelve)
days after receiving the report or finding.
Source:
Law 8/2012 on General Election of the Members of House of Representatives, People’s Representatives Council and Regional House of Representatives, Art. 1(17), 258: http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-8-2012-on-general-election-of-the/view
|
2024/01/31
|
Iran, Islamic Republic of
|
a. Judiciary
|
Article 80: Those who have complaints regarding the taking place of the election can deliver their documented complaints to the supervisors of the Guardian Council or also to the secretariat of the Council within three days after election day
Article 68:
Those who have objection to election, may submit their complaints to the secretariats of the Guardian Council within at most 7 days from the date of election.
Source:
Elections Act of Islamic Consultative Assembly, article 68: https://www.refworld.org/themes/custom/unhcr_rw/pdf-js/viewer.html?file=https%3A%2F%2Fwww.refworld.org%2Fsites%2Fdefault%2Ffiles%2Flegacy-pdf%2Fen%2F1999-11%2F4c35cba22.pdf
Presidential Electoral Law of the Islamic Republic of Iran, article 80: https://www.sssup.it/UploadDocs/4748_5_O_Iran_Electoral_Law_on_Presidential_Elections_10.pdf
|
2024/11/19
|
Iraq
|
b. EMB
|
b) The Independent High Electoral Commission of Iraq
Source:
Regulation on Complaints and Appeal, Section 2(1): http://aceproject.org/ero-en/regions/mideast/IQ/iraq-regulation-no.-16-complaints-and-appeal-2009/view
Rules of Procedures of the Board of Commissioners, Article 2(3h): http://aceproject.org/ero-en/regions/mideast/IQ/iraq-rules-of-procedure-of-the-board-of/view
|
2018/04/15
|
Ireland
|
a. Judiciary
|
A Dáil election may, and may only, be questioned by a petition to the High Court.
Source:
Electoral Act 1992, Art. 132: https://www.irishstatutebook.ie/eli/1992/act/23/enacted/en/print
|
2024/11/21
|
Israel
|
b. EMB
|
At the base of all work of the CE Committee is the directive of the Basic Law: The Knesset, which states (section 4): The Knesset shall be elected by general, national, direct, equal, secret and proportional elections, in accordance with the Knesset Elections Law. The role of the CE Committee is to enable to public to fulfill their legal right and obligation to elect their candidate to the Knesset, or to submit their candidacy, in accordance with the law.
The Central Elections Committee is, in accordance with the Knesset Elections Law (Combined Version) 5729, 1969, comprised of representatives of the factions in the current parliament, chaired by a Supreme Court justice who was selected by a panel of Supreme Court justices.
Source:
BASIC LAW: THE KNESSET (5718 - 1958) : https://main.knesset.gov.il/EN/activity/Documents/BasicLawsPDF/BasicLawTheKnesset.pdf
The Knesset Election Law (Combined Version), 5729, 1969
Central Elections Committee, Greetings from the Chairman: https://bechirot21.bechirot.gov.il/election/English/Committees/Pages/Chair_eng.aspx
|
2019/05/01
|
Italy
|
c. Specially Appointed/Elected Electoral Tribunal
|
Regarding national elections: the National Central Electoral Office ("Ufficio elettorale centrale nazionale"), a special body instituted in the Supreme Court of Cassation and the Central Constituency Offices (“Ufficio centrale circoscrizionale”), instituted in the Court of Appeals (or the Tribunals) of the main towns of the constituencies.
Regarding municipal, regional and European Parliament elections: administrative courts of the relevant constituencies
Source:
Electoral Law: "Testo Unico delle Leggi Elettorali", Art. 12 and 13;
https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.del.presidente.della.repubblica:1957-03-30;361!vig=
Code of Administrative Procedure, Art. 126, 130, 132
|
2020/07/18
|
Jamaica
|
a. Judiciary
|
Source:
Representation of the People Act, art 47
|
2011/08/01
|
Japan
|
a. Judiciary
|
The citizens and the candidates can charge the Central Election Management Council in the High Courts.
Source:
Public Offices Election Act, Art. 204 and 208:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=325AC1000000100
|
2019/07/09
|
Jordan
|
a. Judiciary
|
The Chamber of Deputies shall have the right to determine the validity of the election of its members. Any voter shall have the right to present a petition to the Secretariat of the Chamber within fifteen days of the announcement of the results of the election in his constituency setting out the legal grounds for invalidating the election of any deputy. No election may be considered invalid unless it has been declared as such by a majority of two-thirds of the members of the Chamber.
Source:
Constitution, art. 71: http://www.kinghussein.gov.jo/constitution_jo.html (2016)
|
2016/08/01
|
Kazakhstan
|
a. Judiciary
b. EMB
|
Courts and public prosecutor bodies shall be obliged to accept applications from the members of the election commissions, citizens, representatives of the public associations registered in the statutory order concerning the issues of conducting the voting, including infringements of election legislation, that have been received during preparation and conduct of elections, and shall consider them within five days, while the applications received less than five days prior to the voting or on Election Day shall be considered immediately.
Decisions and actions of the bodies of the local administration and local government, enterprises and organizations, their officials, which infringes the electoral legislation, shall be appealed in the court.
Courts, public prosecutor bodies and the election commissions shall organize their work during the electoral process, including the weekends and the day of elections, in a way that they can ensure receipt and consideration of appeals within the terms established by this Constitutional Act.
The applications from citizens and organizations about infringement of the electoral legislation shall be considered by the election commissions within five days since the submission of the complaint unless otherwise is not stipulated by this Constitutional Act.
The complaints on decisions and actions (inactivity) taken by the election commission and its members shall be considered by the superior commission within three days from the date of the submission of a complaint, if otherwise is not stipulated by this Constitutional Act.
Source:
Constitutional Law on Elections of the Republic of Kazakhstan, amended as of June 29, 2018, article 49: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
|
2024/10/17
|
Kenya
|
a. Judiciary
|
For presidential elections it is the Supreme Court. Parliament has been mandated to enact legislation to cater for amicable resolution of electoral disputes arising from other elections.
Source:
The Constitution of Kenya, art. 87, 140
|
2024/12/06
|
Kiribati
|
a. Judiciary
|
All elections petitions are referred to the Judiciary (the High Court) for arbitration.
The High Court shall have jurisdiction to hear and determined any question whether any person has been validly elected as a member of the Maneaba ni Maungatabu; or any elected member of the Maneaba has vacated his seat therein or is required by virtue of section 58 of this Constitution to cease to perform his functions as a member.
Source:
Article 60, Constitution
Article 34 (1), Elections Ordinance
|
2020/05/01
|
Korea, Democratic People's Republic of
|
e. No information available
|
|
2014/06/09
|
Korea, Republic of
|
a. Judiciary
b. EMB
|
Disputes related to Presidential and Legislative elections fall under the jurisdiction of the Supreme Court. For regional and local elections, disputes are initially handled by the district election commissions but may ultimately be appealed to the judiciary.
Source:
Public Officials Election Act, Article 186, 219, 222, 223: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
|
2024/08/28
|
Kuwait
|
d. Other
|
The General Secretariat of the Council of the Nation
Source:
Law No. 35 of 1962 on the election of members of Parliament with its amendments, art. 41, 42: http://www.gcc-legal.org/mojportalpublic/LawAsPDF.aspx?opt&country=1&LawID=2687#Section_3508 (2013)
|
2013/01/31
|
Kyrgyzstan
|
a. Judiciary
b. EMB
|
Decisions and (or) actions (inaction) of election commissions and their officials, which violate electoral rights of electoral process subjects, can be appealed in the superior election commissions, the decisions and (non)actions of the CEC – to the court
Source:
Constitutional Law No 68 of 2011 (amended 2020) “On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic”, art. 44-45: https://legislationline.org/sites/default/files/documents/a1/KYRG_Const%20Laww%20on%20Elections%20of%20President%20and%20MPs.pdf
|
2025/05/07
|
Lao People's Democratic Republic
|
b. EMB
|
The Local Election Committees
Source:
Law No. 37/PO on the Election of Members of the National Assembly, art. 24 (7): https://aceproject.org/ero-en/regions/asia/LA/Lao-People2019s-Democratic-Republic-Law-on/view
|
2021/02/17
|
Latvia
|
b. EMB
|
Electoral Law: Article 351: (1)The submitters of candidate lists have the righto read the vote-counting minutes and contest these minutes by presenting their objections to the Central Election Commission within three days after the election results, as recorded in the vote-counting minutes, have been approved. The Central Election Commission shall examine the complaint and take a decision within three days.
Law: Article 6: The Central Election Commission shall: (71) check election results in specific constituencies or polling stations on the basis of received complaints or on its own initiative;
(8) review complaints and proposals regarding the decisions and work of other election commissions and annul their unlawful decisions;
Source:
Electoral Law: The Saeima Election Law as in force on 19 July 2014, art. 351 (1): http://cvk.lv/pub/public/30870.html?doc_print=1 (2014)
Law: Law on the Central Election Commission as amended on 6 May 2010, art. 6(71) & (8).
|
2014/10/09
|
Lebanon
|
c. Specially Appointed/Elected Electoral Tribunal
|
A Constitutional Council shall be established to supervise the Constitutionality of Laws and to arbitrate conflicts that arise from parliamentary and presidential elections.
Source:
Constitution, art. 19: http://www.presidency.gov.lb/English/LebaneseSystem/Documents/Lebanese%20Constitution.pdf
|
2024/11/20
|
Lesotho
|
c. Specially Appointed/Elected Electoral Tribunal
|
The Chief Justice shall appoint members of the High Court to hear election petitions. In accordance with section 69 of the Constitution, the High Court has exclusive jurisdiction to hear and determine any question.
Source:
Constitution: Constitution of Lesotho, art. 69;
National Assembly Electoral Act (2011), art. 124 and 125
|
2017/07/19
|
Liberia
|
b. EMB
|
Be the sole judge of all contests relating to the
election results, and the accreditation of all
successful members who have been duly elected as
President, Vice President, Members of the National
Legislature, Paramount, Clan and Town Chiefs and
City Mayors with their Common Councilmen.
Appeal from the decision of the Commission in any
election contest shall lie before the Supreme Court
taken in accordance with the provisions of this Title
relating to election contests.
Source:
The New Elections Law (2016, with amendments up until and including 2014), Chapter 2, Art. 2.9 (q), http://aceproject.org/ero-en/regions/africa/LR/liberia-amended-electoral-laws-2014/view
|
2024/10/25
|
Libyan Arab Jamahiriya
|
a. Judiciary
|
All concerned are entitled to appeal any stage of the election process, within 48 hours from the date of occurrence of the issue subject of the appeal. Appeal legal fees are exempted.
Source:
Law No. 4 on the Election of the General National Congress (National Transitional Council of Libya), Art. 31: (Eng) http://aceproject.org/ero-en/regions/africa/LY/libya-law-no.-4-of-2012-on-the-election-of-the-e/view (Arabic) http://aceproject.org/ero-en/regions/africa/LY/libya-law-no.-4-of-2012-on-the-election-of-the/view
|
2024/11/25
|
Liechtenstein
|
a. Judiciary
|
The Constitutional Court shall decide on election complaints.
Source:
Constitution of the Principality of Liechtenstein, Art. 59 (1);
https://www.llv.li/files/rdr/Verfassung-E-01-02-2014.pdf
|
2025/02/04
|
Lithuania
|
b. EMB
|
Article 16: The constituency electoral committee shall:
(10) consider complaints against decisions and actions of the polling committees and adopt decisions, repeal decisions which contravene the requirements of laws and other legal acts
Article 18: Central Electoral Commission;
(7)consider the complaints of the voters and observers of their electoral district on issues concerning preparation of the elections, organisation of polls, vote counting, drawing up a vote counting record, and adopt decisions related to them
Article 36: (1) A voter or a representative of the party may lodge complaints with the electoral committee of the polling district no later than seven days before the election about the errors made in electoral rolls due to which the voter has not been entered on the electoral roll in the manner prescribed by this Law or has been entered on several electoral rolls. The electoral committee of the polling district must investigate the complaint and adopt a decision thereon either immediately or within two days of the receipt thereof, if more than ten days are left until the election day.
Article 86. Complaints against the Decisions of Electoral Committees which Have Been Adopted after Closing of the Polls
Source:
Republic of Lithuania, Law on the Elections to the Seimas (9 July 1992, as last amended on 22 March 2016 – No XII-2265), art. 16(10), 18(7), 36(1), 86
http://aceproject.org/ero-en/regions/europe/LT/republic-of-lithuania-law-on-elections-to-the-1/at_download/file
|
2020/06/07
|
Luxembourg
|
a. Judiciary
|
The Administrative Tribunal of each constituency.
Any voter may file an appeal with the Administrative Court against the election that took place in their municipality. The appeal must be submitted within five days from the date of the proclamation of the results, under penalty of being time-barred
Source:
Electoral law, Art. 276: https://legislationline.org/sites/default/files/documents/68/Luxembourg_electoral%20code_2003_amended2016_FR.pdf
|
2024/11/20
|
Macedonia, the Former Yugoslav Republic of
|
b. EMB
|
Article 31: (2) The State Election Commission shall:
35. decide upon complaints based on inspection of the election materials and other evidence.
Article 37: (2) The Municipal Election Commission and the Election Commission of the City of Skopje shall: 16. decide upon complaints in accordance with this Code.
Article 48: (1) A citizen may, throughout the year, request to inspect the excerpt of the Voters List in the regional offices of the State Election Commission, DCO, i.e. consular offices and through Internet.
Article 147: (1) The procedure for the protection of the right to vote is urgent.
(2) The submissions (complaints and appeals) for the protection of the right to vote shall be submitted directly to the competent bodies via the institutions that have made the previous decisions.
Source:
Electoral Code of the Republic of Macedonia including 2021 amendments, Art. 31 (2), 37 (2), 48 (1), 147 (1-2): https://www.ifes.org/document/northmacedoniaelectoralcodeupdatesseptember2021pdf
|
2024/11/20
|
Madagascar
|
a. Judiciary
|
The Supreme Constitutional Court
Source:
Organic Law n° 2012-005 on the Electoral Code, art. 131: http://mdm-national.mg/bureau/textes-reglementaires/textes-reglementaires/ (2013);
Constitution, art. 116 (4): http://www.ceni-madagascar.mg/dossier/constitution.pdf (2013)
|
2013/02/08
|
Malawi
|
a. Judiciary
|
Election petitions and complaints are handled by the Malawi Electoral Commission (MEC). Appeals against the MEC rulings are made to the High Court. Election petitions of the Presidential result must be received by the High Court within 48 hours of closing of polls.
Source:
Constitution: Constitution of the Republic of Malawi, art. 76(2)(c), (3) & (5)(a)
Electoral Law: Presidential, Parliamentary & Local Government Elections Act (No. 10 of 2023). Section 99, 100 and 103.
|
2025/07/01
|
Malaysia
|
a. Judiciary
|
No election to the House of Representatives or to the Legislative Assembly of a State shall be called into question except by an election petition presented to the High Court having jurisdiction where the election was held.
Source:
Constitution, art. 118: http://confinder.richmond.edu/admin/docs/malaysia.pdf (2013)
|
2013/03/21
|
Maldives
|
a. Judiciary
|
A person may challenge a decision of the Elections Commission concerning an election or a public referendum, or may challenge the results of an election, or contest the legality of any other matter related to an election, by means of an election petition presented to the High Court.
Source:
Constitution 2008, art. 172: http://www.majlis.gov.mv/en/wp-content/uploads/Constitution-english.pdf (2018)
|
2019/02/12
|
Mali
|
a. Judiciary
b. EMB
|
The EMB takes the matter to the constitutional court
Source:
Article 57 alinéa 10 et article 46 du Code électoral.
Verified by The EMB takes the matter to the constitutional court, 2008-02-20
|
2008/03/28
|
Malta
|
a. Judiciary
|
The Constitutional Court
Source:
Constitution, Art. 63: http://www.parlament.mt/constituion-of-malta?l=1 (2012);
General Elections Act, Art. 115: http://www.parlament.mt/general_election_act?l=1 (2012)
|
2012/05/22
|
Marshall Islands
|
b. EMB
|
Chief electoral officer. Any disputes must be made before the elections, no complaints are possible after the elections.
Source:
Elections and Referenda Act, as amended, sec. 180 (1).
https://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=87647&p_country=MHL&p_count=67
|
2023/10/12
|
Martinique
|
a. Judiciary
c. Specially Appointed/Elected Electoral Tribunal
|
a) Administrative courts for regional, departmental and municipal elections. Le Conseil d'Etat (the Supreme Administrative Court) for European Parliament elections;
c) Le Conseil constitutionnel (the Constitutionnal court) for legislative, presidential and Senate elections.
Source:
Anne Renault, Department of elections and political studies, Ministry of Interior, France
|
2007/01/14
|
Mauritania
|
b. EMB
|
The National Independent Electoral Commission
Source:
Organic Law No. 2012 - 027 on the establishment of the Independent National Electoral Commission, art. 22
|
2024/10/28
|
Mauritius
|
a. Judiciary
|
In the event of electoral disputes, petitions are heard by a court with at least two judges sitting on the bench. Election petitions must be submitted to the courts within 21 days after the date of the return of results.
Source:
Electoral Law: The Representation of the People Act, art. 45-48A.
|
2012/02/25
|
Mayotte
|
d. Other
|
d) Administrative judge.
Source:
Elections office, Ministry of Interior, France, [email protected]
|
2007/01/19
|
Mexico
|
c. Specially Appointed/Elected Electoral Tribunal
|
The EMB (National Electoral Institute) is only responsible for settling some very specific disputes in first level. Most of the formal complaints and disputes are settled, in first or last level, by the Electoral Tribunal of the Judicial Branch of the Federation, which is a specialized and autonomous body of the Judicial Branch of the Federation.
Source:
Constitution: "Constitución Política de los Estados Unidos Mexicanos", art. 99: https://aceproject.org/ero-en/regions/americas/MX/mexico-constitucion-2024/
|
2024/04/12
|
Micronesia, Federated States of
|
b. EMB
|
A petition for recount may be filed by any candidate in an election who believes that there was fraud or error committed in the casting, canvassing, or return of the votes cast at said election. The petition shall be filed with the National Election Director.
Source:
The National Election Code, Title 9, Section 901 (1): http://www.fsmlaw.org/fsm/code/title09/T09_Ch09.htm
|
2025/03/28
|
Moldova, Republic of
|
a. Judiciary
d. Other
|
Courts and electoral bodies of higher level (the body that is superior to the body having arrived at the decision) decide formal electoral disputes.
Source:
Electoral Law: Electoral Code No. 1381-XIII of 21.11.97, as amended in 2018, article 71.
|
2021/04/01
|
Monaco
|
a. Judiciary
|
a) The Court of First Instance
Source:
Law 839 regulating communal and national elections, as amended in 2002, Art. 52; https://legimonaco.mc/tnc/loi/1968/02-23-839/
Constitution, Art. 55
|
2023/09/11
|
Mongolia
|
a. Judiciary
b. EMB
|
The Administrative Court of the administrative unit where the election committee is located shall first review and make a decision on a dispute related to the administrative unit level election committee on the election of the Citizens’ Representatives’ Hural.
The Administrative appellate court at first instance and Supreme Court on the procedure of appeal shall review and make a decision on a legal dispute related to the central election authority other than those set forth in Article 111.5 hereof on election of the State Great Hural and the Presidential election.
Source:
Electoral Law of 2016 article 115 https://www.legislationline.org/download/id/7739/file/Mongolia_law_elections_2015_am2016_en.pdf
|
2020/02/17
|
Montenegro
|
b. EMB
|
Article 107: 1. Every elector, candidate and submitter of the electoral list have the right to lodge a complaint to the competent election commission for reasons of the infringement of the electoral rights during the election.
Source:
Electoral Law: Law on the Election of Councillors and Representatives as amended in 2011, art. 107-110.
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2020)031-e
|
2023/09/27
|
Montserrat
|
a. Judiciary
|
Source:
Elections Act, Art. 56
|
2014/08/04
|
Morocco
|
a. Judiciary
|
The Court of First Instance handles petitions related to the nomination pf candidates, whereas the Constitutional Court rules on petitions concerning electoral operations and electoral results.
Source:
Organic Law No. 27.11 with respect to the House of Representatives, Art. 87, 88
http://www.sgg.gov.ma/Portals/0/lois/Loi_27-11_Fr.pdf
|
2022/08/02
|
Mozambique
|
a. Judiciary
|
Irregularities that occur during the voting and in the partial, district or city, provincial and general and national count, may be challenged if they have been the subject of a complaint or protest at the polling station. The appeal shall be filed, within forty eight hours, counted from the posting of the notice which publishes the election results, to the Court of Justice in the district where the irregularity occurred, or to the Constitutional Council in case of the general or national elections.
Source:
Law No. 8/2013 of 27 February 2013 regulating presidential and legislative elections (as amended by Law No. 12/2014), art. 82, 192: http://aceproject.org/ero-en/regions/africa/MZ/Mozambique-Law-No.-12-2014-of-13-April-2014/view (2014)
|
2024/12/04
|
Namibia
|
a. Judiciary
|
Appeals against decisions on registration may be made to the magistrates courts.
All other election petitions are heard by the High Court and petitions must be submitted within 30 days of the announcement of the result disputed. The decision of the Court must be rendered with 60 days of the registration of the petition. Appeals may be lodged with the Supreme Court.
Source:
Electoral Law: Electoral Act, 19, 22-24, 109, 110(1), 116,(3).
|
2012/02/24
|
Nauru
|
a. Judiciary
|
First level disputes are made through a petition addressed to the Court of Disputed Elections, which is the Supreme Court.
Source:
Electoral Act 2016, Art. 93-96. (http://ronlaw.gov.nr/nauru_lpms/files/acts/d83250a1ebdc56c1701fa7aa245af5b1.pdf).
|
2019/07/01
|
Nepal
|
a. Judiciary
b. EMB
|
If, after nomination of candidacy for the President, Vice-President, member of the Federal Parliament, member of State Assemblies or member of Local level has been filed before the election results are declared, the Election Commission shall decide that question on qualification of candidates.
If a question arises as to whether any member of the Federal Parliament is disqualified or has become disqualified, the Constitutional Bench of the Supreme Court gives final verdict.
If a question arises as to whether any member of the State Assembly is disqualified or has ceased to possess any of the qualifications, the Constitutional Bench of the Supreme Court
shall make the final decision of such question.
In the case of electoral dispute during elections, the High court will be the hearing court for all elections including Federal Parliament and State Assembly Elections.
Source:
Election Offence and Punishment Act 2017 Chapter 9 , Section 41 (2)Article : http://www.election.gov.np/election/np/election-related-laws-150.html; The Constitution of Nepal 2015 Article 246 (3), 90 and 181 Article www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf
|
2018/04/06
|
Netherlands
|
a. Judiciary
b. EMB
|
Complaints can be submitted to the electoral or administrative body dealing with relevant issues. The Administrative Jurisdiction Division of the Council of State (Court) reviews appeals related to voter registration, registration of party names and candidate registration. Except for appeals in candidate registration cases (six days), there are no special expedited deadlines for resolving election-related appeals and, in line with general administrative procedures, they are to be decided within a period of six weeks.
Source:
OSCE ODIHR Needs Assessment Mission Report, The Netherlands Parliamentary Elections 17 March 2021 (9).
https://www.osce.org/files/f/documents/4/0/478501.pdf
|
2022/08/02
|
New Caledonia
|
d. Other
|
Administrative Judge
Source:
Electoral Code, Articles L.117-1, L.118-1-2 and L.325.
|
2003/11/28
|
New Zealand
|
a. Judiciary
|
Election petitions must be presented to the High Court by a person who voted or had a right to vote at the election, a person claiming to have had a right to be elected or returned at the election, or a person alleging himself or herself to have been a constituency candidate at the election.
Source:
Electoral Act 1993, Art. 229, 230, 231 :
http://aceproject.org/ero-en/regions/pacific/NZ/new-zealand-electoral-act-2010/view (2017)
|
2024/07/02
|
Nicaragua
|
b. EMB
|
The Supreme Electoral Council is the contentious authority in electoral issues.
Source:
Constitution: “Constitución Política de Nicaragua (2014)”, art. 173 (5, 13):
http://aceproject.org/ero-en/regions/americas/NI/constitucion/constitucion-politica-de-nicaragua-con-reformas-a/ (2016);
Electoral Law No. 331: “Ley Electoral No. 331 (enmendada por la ley No. 790 del 23/05/2012)”, art. 10 (6, 19), 166:
http://aceproject.org/ero-en/regions/americas/NI/leyes-electorales/nicaragua-ley-no.-331-ley-electoral-2012/ (2016).
|
2016/06/07
|
Niger
|
a. Judiciary
|
The Constitutional Court
Source:
- Constitution (2010), art. 120:http://aceproject.org/ero-en/regions/africa/NE/niger-constitution-2010/;
- Loi No.2014-01 du 28 mars 2014, portant régime général des élections présidentielles, locales et référendaires, art. 59: http://aceproject.org/ero-en/regions/africa/NE/niger-loi-2014-01-du-28-mars-2014-portant-regime/
|
2017/02/01
|
Nigeria
|
c. Specially Appointed/Elected Electoral Tribunal
|
The National Assembly Election Tribunals
Source:
Constitution 1999 (as amended), art. 285: http://www.wipo.int/wipolex/en/text.jsp?file_id=179202 (2013);
Electoral Act 2010, art. 133: http://www.inecnigeria.org/downloads/?did=5 (2013)
|
2015/03/30
|
Niue
|
a. Judiciary
|
"Where any candidate has reason to believe that the public declaration by the Chief Electoral Officer of the number of votes received by each candidate is incorrect, and that on a recount of it the first-mentioned candidate might be found to be elected, he may within 3 days after the public declaration apply to a Judge for a recount of the votes."
Source:
Niue Assembly Act 1966, as amended, Sec. 71.
|
2014/06/23
|
Northern Mariana Islands
|
b. EMB
|
Source:
https://www.votecnmi.gov.mp/downloads/CEC_Regulation.pdf
Election commission regulation
https://cnmilaw.org/cons.php#gsc.tab=0
Constitution, Article 8, section 3
|
2024/12/11
|
Norway
|
b. EMB
d. Other
|
The Parliament (Storting) is the appeal body for appeals concerning the right to vote or the right to cast a vote.
The National Election Committee is the appeal body for other appeals.
Source:
The Election Act, Ch. 13, Art. 13-1:
|
2017/05/19
|
Oman
|
b. EMB
|
A Supreme Committee with independence and neutrality will supervise the Shura Council election and take decisions on election complaints. Each candidate has the right to contest the validity of the voting/elections results and shall submit his/her contest to the Central Elections Committee within five days from the date of declaration of results at the Wali's Office. The contest application should include reasons and justifications upon which he/she has based his/her contest. The committee shall look into the contest and evaluate it and submit a report on the contest to the Minister of Interior, who will issue a decision / judgment on this contest. His decision is final in this regard.
Source:
Basic Statute of the State, as amended by Royal Decree No. 99/2011, (2013), art. 58 (bis 14): https://constitutionnet.org/sites/default/files/oman_basic_statute_of_the_state_2011-english.pdf
http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/83508/92277/F2092950230/OMN83508.pdf
|
2025/05/02
|
Pakistan
|
a. Judiciary
|
Appointment of Election Tribunals. (1) For the trial of election petitions under this Act, the Commission shall appoint as many Election Tribunals as may be necessary for swift disposal of election petitions
Source:
Election Act including 2023 amendments, art. 141: https://ecp.gov.pk/storage/files/2/Elections%20Act%202017%20updated/Updated%20Elections%20Act%202017-231011-105435.pdf
|
2024/11/25
|
Palau
|
b. EMB
|
Petitions for disputes must be submitted to the Electoral Commission or the board of election in the electoral district where the dispute is reported.
Source:
Voting Rights Act of 1981, as amended, Sec. 1571 (23 PNCA §1571).
|
2016/11/04
|
Palestine
|
b. EMB
c. Specially Appointed/Elected Electoral Tribunal
|
The Elections Commission shall adjudicate challenges related to the registrations of the voters and candidates. The Election Cases Court shall have the competence of hearing appeals filed for cancellation or amendment of
the decisions passed by the Commission, including election results.
Source:
Elections Law 2 September 2007 regulating general elections, art. 13 (13), 24, 104: http://www.elections.ps/Portals/0/pdf/Election_Law_%282007-Sept_02%29-EN.pdf (2013)
|
2013/04/08
|
Panama
|
b. EMB
|
The Electoral Tribunal
Source:
Electoral Code: “Código Electoral”, art. 595, 610, 615: https://aceproject.org/ero-en/regions/americas/PA/panama-codigo-electoral-2023/
|
2024/12/05
|
Papua New Guinea
|
a. Judiciary
|
The National Court respond to disputes relating to elections.
Source:
Organic Law on National and Local-level Government Elections, Section 206: http://www.pngec.gov.pg:7780/i/pngec/organic_law.pdf (2012)
|
2017/03/16
|
Paraguay
|
a. Judiciary
c. Specially Appointed/Elected Electoral Tribunal
|
With regard to national and departamental elections it is responsability of the Electoral Courts, and to municipal elections, of the Electoral Tribunals.
Source:
Electoral Law: Código Electoral Paraguayo (Ley 834/96), art. 165:
http://aceproject.org/ero-en/regions/americas/PY/paraguay-codigo-electoral-2014/ (2014)
|
2023/03/16
|
Peru
|
c. Specially Appointed/Elected Electoral Tribunal
|
The National Jury of Elections (JNE) is the institution (EMB) in charge of such resolutions.
Source:
Constitution: “Constitución Política del Perú”, art. 178 (4): http://aceproject.org/ero-en/regions/americas/PE/peru-constitucion-politica-2019/ ;
Electoral Law: “Ley 26859, orgánica de elecciones”, art. 35: http://aceproject.org/ero-en/regions/americas/PE/peru-ley-26859-organica-elecciones-2019/ ;
Organic Law of the National Court of Elections: “Ley 26486, orgánica del Jurado Nacional de Elecciones”, art. 36 (f): http://aceproject.org/ero-en/regions/americas/PE/peru-ley-26486-organica-JNE-2019/
|
2020/01/28
|
Philippines
|
b. EMB
c. Specially Appointed/Elected Electoral Tribunal
|
- Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction.
Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable.
- The Senate and the House of Representatives shall each have an Electoral Tribunal, which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman.
Source:
Constitution, Art. IX, Sec. C-2; Art. VI, Sec. 17: http://www.comelec.gov.ph/?r=References/RelatedLaws/Constitution/1987Constitution(2019)
|
2019/05/02
|
Pitcairn Islands
|
a. Judiciary
|
"30.–– (1) If the Magistrate grants leave to file a petition the hearing of the petition may then proceed in such manner, and at such time and place, as the Magistrate specifies.
(2) No grounds other than those stated in the application for leave to file a petition may be investigated, except with the leave of the Magistrate hearing the petition.
(3) Leave may be given under subsection (2) on such terms and conditions (if any) that the Magistrate considers just."
Source:
Laws of Pitcairn Chapter XI Local Government Ordinance, Part IV, Article 30(1-3)
http://www.government.pn/Laws/Cap%2011%20-%20Local%20Government%20Ordinance.pdf
|
2019/11/05
|
Poland
|
a. Judiciary
b. EMB
|
§ 13 The resolution of the municipal council referred to in § 2, 4 and 9, may be subject to a complaint to the electoral commissioner, submitted by at least 15 voters within 5 days from the date of making the resolution public. The head of the elections commission shall examine the complaint within 5 days and issue a decision. The decision of the head of the elections commission is not subject to further legal remedies.
§ 4 Voters have the right to appeal the decision on refusal to enter him or her on the register of voters to the competent regional court. The complaint is lodged through the intermediary of the mayor of the municipality, within 3 days of receipt of the decision. The mayor immediately transmits the complaint to the court along with the decision and the case file. The mayor may also immediately change or revoke the decision, if he or she considers the complaint justified in its entirety.
§ 5 The court reviews the complaint referred to in § 4, in non-litigious proceedings, within 3 days of its receipt. A copy of the order shall be served on the person who filed the complaint, and the mayor. The court order is not subject to further appeal.
§ 1 Electoral complaints are lodged with the court indicated in specific provisions of the Code.
Source:
Election Code: Act of 5 January 2011 on Election Code to the Sejm of the Republic of Poland and to the Senate of the Republic of Poland, article 12(13), 20(4)(5) and 83(1): https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
|
2024/11/13
|
Portugal
|
a. Judiciary
|
Constitution:
Article 113:
7. The competence to judge the correctness and validity of electoral procedural acts pertains to the courts.
Law governing Elections to the Assembly of the Republic:
Article 117:
Judicial appeals
1 - Irregularities that occurred during voting or the partial or general counts may be considered
in a judicial appeal, on condition that they were the object of a challenge or protest lodged at
the time of the act in which they occurred.
Article 118:
Competent court, procedure and time limits
Source:
Constitution of the Portuguese Republic, Seventh Revision [2005], Article 113 (7): https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf
Law governing Elections to the Assembly of the Republic, Articles 117-118: https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
|
2024/10/26
|
Puerto Rico
|
b. EMB
|
The State Election Commission is responsible about contentious electoral issues.
Source:
Electoral Law: “Código Electoral de Puerto Rico de 2020”, art. 3.5: http://aceproject.org/ero-en/regions/americas/PR/puerto-rico-ley-58-2020-codigo-electoral-2020/
|
2020/11/03
|
Qatar
|
f. Not applicable
|
Prior November 2024: Judicial authority, but not applicable anymore.
Source:
Constitution: https://www.gco.gov.qa/wp-content/uploads/2024/12/permanent_constitution_state_qatar_en.pdf
|
2025/05/08
|
Romania
|
b. EMB
d. Other
|
Any interested party – citizens, candidates, electoral competitors – may make a contestation to the competent electoral bureaux or to the competent courts.
Source:
Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 2(17), 9-1(6), 15(1)(c), 17(1)(e), 17(3)(b), 21(2), 24(4), 26(8), 32(3-6), 34(3), 35(6), 40(1), (3-4), 43(3), 45(19-21) & 70(1).
https://www.legislationline.org/download/id/4224/file/ROM%20Election%20Laws_en.pdf
|
2020/08/22
|
Russian Federation
|
a. Judiciary
b. EMB
|
Article 75. Appealing against decisions and actions (omissions) that violate electoral rights and the right of
citizens of the Russian Federation to participate in a referendum
1. Appeals against decisions and actions (omissions) of bodies of state power, of bodies of local self government,
public associations and officials, as well as against decisions and actions (omissions) of commissions and their officials that violate electoral rights of citizens and the right of citizens to participate in a referendum may be submitted to a court.
3. In case of violation by a political party or a candidate of this Federal Law, the Central Election Commission, the district election commission, within its competence shall be entitled to issue are warning to that political party, candidate, which shall be made known to the voters through the mass media or otherwise.
Source:
Electoral Law: Federal Law On Elections of Deputies to the State Duma of the Federal Assembly of the Russian Federation amended as of April 5, 2016, article 98: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwiz-9bZwf6EAxVX4skDHb15AeIQFnoECBEQAQ&url=https%3A%2F%2Fwww.te.gob.mx%2Fvota_elections%2Fpage%2Fdownload%2F16240&usg=AOvVaw3NYZOKj696lT-b9Q5THAwf&opi=89978449
|
2024/03/22
|
Rwanda
|
a. Judiciary
|
Any petition relating to presidential and legislative election may be filed with the Supreme Court in forty eight (48) working hours following the announcement of provisional results by the National Electoral Commission Chairperson.
Source:
Loi organique n°03/2010/OL et loi n°27/2010 relative aux élections (2010), art. 71: http://aceproject.org/ero-en/regions/africa/RW/rwanda-organic-law-nb0-17-2003-of-07-07-2003/
|
2018/11/02
|
Réunion
|
a. Judiciary
c. Specially Appointed/Elected Electoral Tribunal
|
a) Administrative courts for regional, departmental and municipal elections. Le Conseil d'Etat (the Supreme Administrative Court) for European Parliament elections;
c) Le Conseil constitutionnel (the Constitutionnal court) for legislative, presidential and Senate elections.
Source:
Elections office, Ministry of Interior, France, [email protected]
|
2007/01/14
|
Saint Helena
|
a. Judiciary
|
Source:
Carol George, Office of the Chief Secretary, Saint Helena
|
2007/01/19
|
Saint Kitts and Nevis
|
a. Judiciary
|
The High Court
Source:
Article 36, Constitution
|
2020/04/15
|
Saint Lucia
|
a. Judiciary
|
90. TRIAL OF ELECTION PETITION
(1) An election petition shall be tried before the High Court in the
same manner as a suit commenced by a writ of summons.
Source:
Elections Act, art. 88-90.
|
2011/08/03
|
Saint Vincent and the Grenadines
|
a. Judiciary
|
Any petition complaining of an undue return or undue election of a member of the House of Assembly should be submitted to the Supreme Court.
Source:
St. Vincent and the Grenadines: Electoral Law, art. 57 -59.
|
2021/12/26
|
Samoa
|
a. Judiciary
b. EMB
|
a) The Supreme Court
b) The Electoral Commissioner
Source:
The Electoral Law 2019, Article 85 and 86: https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
|
2021/04/09
|
San Marino
|
b. EMB
d. Other
|
b) The Permanent Electoral Committee handles questions of eligibility and regularity of elections;
d) The Electoral Board is responsible for the first level of disputes regarding the allocation of seats.
Source:
Electoral law N.6 of 31 January 1996, Art. 30, 44 (b): http://www.consigliograndeegenerale.sm/contents/instance18/files/document/21801leggi_5336.pdf (2012)
|
2012/05/28
|
Sao Tome and Principe
|
a. Judiciary
d. Other
|
The Supreme Court of Justice and The District Counting Committee (Asambleia de Apuramento Distrital).
Source:
Electoral Law of the Democratic Republic of Sao Tome and Principe n.º 11/90 of 26 November 1990, art. 163, 164: https://aceproject.org/ero-en/regions/africa/ST/sao-tome-e-principe-electoral-law
|
2021/06/18
|
Saudi Arabia
|
f. Not applicable
|
There are no provisions for direct national elections, since it is the King who appoints the members of the Shura Council. Only municipal elections are held in Saudi Arabia.
Source:
Shura Council Law: http://www.shura.gov.sa/wps/wcm/connect/ShuraEn/internet/Laws+and+Regulations/The+Shura+Council+and+the+rules+and+regulations+job/Shura+Council+Law/ (2012);
The Basic Law of Governance: http://www.boe.gov.sa/ViewSystemDetails.aspx?lang=en&SystemID=4 (2012)
|
2012/08/20
|
Senegal
|
a. Judiciary
|
The Constitutional Court
Source:
Constitution 2012, art. 35: http://www.assemblee-nationale.sn/images/stories/PDF/constitution_du_senegal.pdf (2013);
English: https://www.constituteproject.org/constitution/Senegal_2009?lang=en (2017)
Electoral Code 2012, art. LO.140 - LO.143, L.189, LO.190, LO.191: http://www.elections2012.sn/images/stories/CE2012.pdf (2017)
|
2024/10/25
|
Serbia
|
b. EMB
|
The Republic Electoral Commission shall decide on complaints.
Source:
Electoral Law: Law on Election of Members of Parliament, art. 153.
http://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-elections-of-representatives-updated/view
|
2022/07/06
|
Seychelles
|
d. Other
|
The result of a Presidential Election or a National Assembly Election shall not be questioned or subject to review in any court except on an election petition presented to the Constitutional Court.
Source:
Elections Act (1996), Section 44
http://aceproject.org/ero-en/regions/africa/SC/seychelles-electoral-act-1996/view
|
2025/02/27
|
Sierra Leone
|
a. Judiciary
|
An Electoral Offences Court is to be established, which will sit anywhere in Sierra Leone as the Chief Justice decides.
The Election Offences Court has juridiction to try any election offence under the Public Elections Act. (Public Elections Act, art. 137)
Source:
The Public Elections Act (2012) art. 137, 138: http://aceproject.org/ero-en/regions/africa/SL/sierra-leone-the-public-elections-act-2012-1/;
Abridged version of the Public Elections Act: http://aceproject.org/ero-en/regions/africa/SL/sierra-leone-the-public-elections-act-2012/
|
2017/01/13
|
Singapore
|
a. Judiciary
|
At the conclusion of the hearing of an application under section 90, the Election Judge shall determine whether the Member whose return or election is complained of, or any other and what person, was duly returned or elected, or whether the election was void, and shall certify such determination to the President.
All proceedings relating to the election of the President shall be heard and determined by the Chief Justice or by a Judge of the Supreme Court nominated by the Chief Justice for that purpose.
Source:
Constitution of the Republic of Singapore, art. 93A (1, 2): https://www.constituteproject.org/constitution/Singapore_2010?lang=en (2017);
Parliamentary Elections Act, art. 61: http://aceproject.org/ero-en/regions/asia/SG/singapore-parliamentary-elections-act-2011/view (2017).
|
2017/03/24
|
Slovakia
|
b. EMB
d. Other
|
The Parliament (Storting) is the appeal body for appeals concerning the right to vote or the right to cast a vote.
The National Election Committee is the appeal body for other appeals.
Source:
The Election Act, Ch. 13, Art. 13-1: https://www.legislationline.org/download/id/7883/file/Slovakia_Act_conditions_electoral_law_2014_am2015_en.pdf
|
2024/10/25
|
Slovenia
|
a. Judiciary
b. EMB
|
In the event of irregularities in the nomination procedure, each candidate or representative of lists of candidates shall have the right to lodge an appeal with the constituency electoral commission. The appeal may be lodged by the due term for the submission of the list of candidates.
The constituency electoral commission must reach a decision on the appeal, in accordance with the procedure for determining the legitimacy of lists of candidates, within 48 hours from the due term for the submission of lists of candidates.
The republic electoral commission may nullify or change the decision of the constituency electoral commission issued in accordance with the procedure for confirming the lists of candidates, if it ascertains that the decision is irregular or in breach of the law, at the latest by the day determined for the announcement of lists of candidates.
Source:
The National Assembly Elections Act, articles 103 and 104.
http://aceproject.org/ero-en/regions/europe/SI/national-assembly-elections-act/view
|
2017/03/30
|
Solomon Islands
|
a. Judiciary
|
Art. 52 (1a) : The High Court shall have jurisdiction to hear and determine any question whether any person has been validly elected as a member of Parliament.
Source:
Constitution of 1978, amended 2014, Art. 52 (1-a).
Constitution (2014): https://constituteproject.org/constitution/Solomon_Islands_2014.pdf?lang=en
Amendment 2018: https://aceproject.org/ero-en/regions/pacific/SB/solomon-islands-constitution-amendment-2018
National Parliament Electoral Provisions Act (2010 Consolidated Version), sec. 82-83: https://aceproject.org/ero-en/regions/pacific/SB/solomon-islands-national-parliament-electoral-3/view (2014).
|
2019/02/28
|
Somalia
|
b. EMB
|
The National Independent Electoral Commission
Source:
Transitional Constitution of 2012, Art. 111G (2-g): http://aceproject.org/ero-en/regions/africa/SO/somalia-provisional-constitution-of-2012/view
|
2016/11/25
|
South Africa
|
b. EMB
c. Specially Appointed/Elected Electoral Tribunal
|
“The Electoral Court has final jurisdiction in respect of all electoral disputes and complaints about infringements of the Code, and no decision or order of the Electoral Court is subject to appeal or review”
“Whenever the Commission, an officer or the chief electoral officer is required in terms of this Act to decide an objection or an appeal, the Commission or that person may attempt to resolve the issue that is the subject of the objection or appeal, through conciliation.”
Source:
Electoral Act of 1998 (as amended to 2023) Articles 96 & 103: https://aceproject.org/ero-en/regions/africa/ZA/electoral-amendment-act-1-of-2023/view
|
2014/05/01
|
South Sudan
|
b. EMB
|
Any candidate or political party that participated in an election or referendum shall have the right to submit a written objection against the provisional results. This objection shall be submitted at any Commission office to the attention of the Commission within seven days of the declaration of official results.
Source:
Transitional Constitution 2011: http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012);
National Elections Act 2012, art. 111, 112
|
2021/06/02
|
Spain
|
a. Judiciary
|
The chamber of the administrative department of the Supreme Court
Source:
Electoral Law: “Ley Orgánica 5/1985, de 19 de junio, del Régimen Electoral General”, art. 112:
http://aceproject.org/ero-en/regions/europe/ES/espana-ley-organica-5-1985-de-19-de-junio-del-1/
|
2025/04/01
|
Sri Lanka
|
a. Judiciary
b. EMB
|
The Court of Appeal shall have and exercise jurisdiction to try election petitions in respect of the election to the membership of Parliament.
The hearing and determination of a proceeding relating to the election of the President shall be by at least five Judges of the Supreme Court of whom, unless he otherwise directs, the Chief Justiceshall be one.
Source:
Constitution, Art. 144: http://aceproject.org/ero-en/regions/asia/LK/sri-lanka-constitution-as-amended-up-to-9/at_download/file
The Parliamentary Elections Act 1981, Art. 92: https://cmev.files.wordpress.com/2010/01/presidential_election_act.pdf
|
2016/02/04
|
Sudan
|
a. Judiciary
|
Every candidate or political party that participated in an election or referendum shall have the right to submit an appeal against the results of elections or referendum. The appeal shall be submitted to the National Supreme Court within seven days from the date of the declaration of the results by the Commission. The Court shall make its decision on the appeal within two weeks from its submission, and its decision shall be final.
Source:
The National Elections Act 2008, art. 81: http://www.gurtong.org/ResourceCenter/documents/Reports/Elections-09/nationalelectionsact2008.pdf (2012)
|
2012/08/31
|
Suriname
|
b. EMB
|
Source:
Electoral Law of 1987, Art. 122 (3), 125 (2), 132 (6): http://pdba.georgetown.edu/Electoral/Sur/suriname.html (2012)
|
2025/03/28
|
Swaziland
|
d. Other
|
There is no specific legislation governing dispute resolution, so election petitions are heard by the High Court.
Source:
KARUME, S 2003b "Post-mortem of the Swaziland General Election of 2003" IN EISA Election Update: Swaziland 2003 No 2.
|
2012/02/24
|
Sweden
|
c. Specially Appointed/Elected Electoral Tribunal
|
Appeals against elections to the Riksdag shall be lodged with an Election Review Board appointed by the Riksdag. An appeal against the final result of an election must be made within ten days of the announcement of the results.
Source:
The Instrument of Government, Ch. 3, Art. 12: Official Website of the Parliament: http://www.riksdagen.se/sv/Start/Bestall/Sprakversioner/English---engelska1/Sveriges-grundlagar-och-riksdagsordningen1/ (2012);
Electoral Law of 2005, Ch. 15, Section 3 - 15: http://www.val.se/pdf/2005_elections_act.pdf (2012)
|
2014/08/04
|
Switzerland
|
d. Other
|
d) The canton government
Source:
Electoral Law of 17 December 1976 regulating political rights, Art. 77: http://www.admin.ch/ch/f/rs/161_1/index.html (2014)
|
2025/03/28
|
Tajikistan
|
a. Judiciary
b. EMB
|
Organs of political parties, which have nominated candidates, candidates themselves, proxies, observers and voters may apply to higher election commissions or to the court about decisions of election commissions within ten days after decisions have been taken.
Decisions of the CCER may be appealed to the Supreme Court of the Republic of Tajikistan within ten days after these decisions have been taken.
A complaint must be considered within three days after its submission, but if there are less than 6 days left before elections, it is considered immediately.
Source:
Constitutional Law On Elections to the Majlisi Oli of the Republic of Tajikistan, amended as of July 26, 2014, article 20.
|
2025/02/17
|
Tanzania, United Republic of
|
a. Judiciary
|
Every proceeding for the purposes of determining the question whether the election or appointment of any person to be Member of Parliament was valid or not shall first be instituted and heard in the High Court of the United Republic.
Source:
Constitution, art. 83 (1): http://www.tz.undp.org/ESP/docs/Legal_Documents/Tanzania_Constitution.pdf (2013);
The National Elections Act 2010, art. 110: http://www.tz.undp.org/ESP/docs/Legal_Documents/National_Elections_Act-Cap_343.PDF (2013)
|
2013/03/12
|
Thailand
|
b. EMB
|
The Election Commission
Source:
Constitution of the Kingdom of Thailand, Sec. 222 : https://constitutionnet.org/sites/default/files/2017-05/CONSTITUTION+OF+THE+KINGDOM+OF+THAILAND+(B.E.+2560+(2017)).pdf
Organic Act B.E. 2541 on the Election of Members of the House of Representatives and Senators, Sec. 94: http://aceproject.org/ero-en/regions/asia/TH/thailand-constitution-of-the-kingdom-of-thailand/view
|
2023/10/04
|
Timor-Leste
|
a. Judiciary
b. EMB
|
Appeals against decisions made by electoral administration bodies in the framework of their competencies shall be filed with the Supreme Court of Justice.
It is incumbent upon the Supreme Court of Justice, in the specific field of
elections:
a) To verify the legal requirements for candidates for the office of President
of the Republic;
b) To certify at last instance the regularity and validity of the acts of the
electoral process, in accordance with the respective law;
c) To validate and proclaim the results of the electoral process.
Source:
Constitution of the Democratic Republic of Timor-Leste, article 65, 126: https://timor-leste.gov.tl/wp-content/uploads/2010/03/Constitution_RDTL_ENG.pdf
Law no. 5/2006, Law on the Election of the National Parliament, article 3: https://mj.gov.tl/jornal/lawsTL/RDTL-Law/RDTL-Laws/Law-2006-05.pdf
|
2024/10/02
|
Togo
|
a. Judiciary
b. EMB
|
The Constitutional Court and the Electoral Commission (CENI).
Source:
Constitution, art. 104 (2): http://www.unhcr.org/refworld/country,LEGAL,,LEGISLATION,TGO,456d621e2,48ef43c72,0.html (2013);
Electoral Code No. 2000-07 as amended, art. 164: http://www.legitogo.gouv.tg/annee_txt/2000/Pages%20from%20jo_2000-009-2.pdf (2013)
|
2013/01/03
|
Tokelau
|
d. Other
|
Article 16: Human Rights
3. If a person thinks that one of their human rights as provided in this Constitution has been denied or may be denied, that person may apply to the Council for the Ongoing Government for protection of that right.
4. If the Council of Ongoing Government agrees with the complaint, it may make any order it thinks appropriate for the protection of that right.
Source:
Constitution of Tokelau 2007, Article 16
https://aceproject.org/ero-en/regions/pacific/TK/tokelau-constitution
|
2020/01/22
|
Tonga
|
a. Judiciary
c. Specially Appointed/Elected Electoral Tribunal
|
a) An election petition may be presented to the Supreme Court by a person who voted or had a right to vote at the election, by a person claiming to have had a fight to be elected or returned at the election, or by a person alleging himself to have been a candidate at the election.
c)The Electoral Appeal Committee deals with any person whose application for registration as an elector has been refused, or whose name has been removed from the register, or who disputes the electoral district in which he has been registered.
Source:
Electoral Act (as amended in 2014), Art. 6, 26: https://aceproject.org/ero-en/regions/pacific/TO/tonga-electoral-amendment-act-2014 (2021)
|
2021/09/13
|
Trinidad and Tobago
|
a. Judiciary
|
The Court of Appeal shall have exclusive jurisdiction to hear and determine any question as to the validity of an election of a President in so far as that question depends upon the qualification of any person for election or the interpretation of this Chapter and the decision of that Court under this subsection shall be final.
Source:
Electoral Law: “Representation of the People Act”, Section 106: http://aceproject.org/ero-en/regions/americas/TT/trinidad-and-tobago-rop-2016/
|
2021/11/23
|
Tunisia
|
a. Judiciary
b. EMB
|
Electoral complaints related to voter registration shall be introduced before the Independent High Authority for Elections (ISIE). Complaints related to candidate registration shall be adjudicated by the territorially competent Court of First Instance, and before the "Tunis 1" Court of First Instance with regard to candidate lists abroad. The preliminary results of the elections or referenda can be challenged before the Appellate Circuits of the Administrative Court within three days of the posting of the results in the ISIE premises.
Source:
Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda, art. 14, 15, 27, 145: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
|
2019/08/05
|
Turkey
|
b. EMB
|
The Supreme Board of Election shall execute all the functions to ensure the fair and orderly conduct of elections from the beginning to the end, carry out investigations and take final decisions, during and after the elections, on all irregularities, complaints and objections concerning the electoral matters, and receive the electoral records of the members of the Grand National Assembly of Turkey and presidential election. No appeal shall be made to any authority against the decisions of the Supreme Board of Election.
Source:
Constitution of the Republic of Turkey, art. 79: https://global.tbmm.gov.tr/docs/constitution_en.pdf
|
2016/01/21
|
Turkmenistan
|
e. No information available
|
|
2013/03/05
|
Turks and Caicos Islands
|
a. Judiciary
|
The Supreme Court
Source:
Constitution: “The Constitution of the Turks and Caicos Islands”, Section 53: http://aceproject.org/ero-en/regions/americas/TC/turks-and-caicos-constitution-2014/ ;
Electoral Law: “Elections Ordinance”, Section 60: http://aceproject.org/ero-en/regions/americas/TC/turks-and-caicos-elections-ordinance-2018/
|
2025/09/30
|
Tuvalu
|
a. Judiciary
|
Any questions regarding the validity of elections are commenced by way of petition in the High Court in its civil jurisdiction. There is no appeal from a decision made by the High Court in this matter.
Source:
Electoral Provisions (Parliament) Act as amended, art. 56; Constitution, art. 100
|
2012/06/19
|
Uganda
|
a. Judiciary
b. EMB
|
Election petitions shall be filed in the High Court by a candidate who lost the election or a registered voter in the constituency concerned supported by the signatures of at least 500 voters registered in that constituency.
Any candidate dissatisfied with the presidential election may take the matter to the Supreme Court within ten days after the declaration of the results.
The Electoral Commission hears and rules on election complaints arising before and during polling.
Source:
Constitution of the Republic of Uganda, art. 61 (f), 104: http://www.ec.or.ug/docs/Constitution_1995.pdf(2016);
Parliamentary Elections Act as amended in 2010, art. 60
http://www.ec.or.ug/docs/parliamentary%20election%20Act%202005.pdf 2016)
|
2016/02/29
|
Ukraine
|
a. Judiciary
b. EMB
|
Electoral complaints may be submitted either to the Central Election Commission or to the administrative courts.
Source:
The Law on Elections of People's Deputies of Ukraine (last amended in 2019), article 108
https://zakon.rada.gov.ua/laws/show/en/4061-17
|
2019/03/11
|
United Arab Emirates
|
e. No information available
|
|
2015/09/28
|
United Kingdom of Great Britain and Northern Ireland
|
a. Judiciary
|
Art 120:
1) No parliamentary election and no return to Parliament shall be questioned except by a
petition complaining of an undue election or undue return (“a parliamentary election
petition”) presented in accordance with this Part of this Act.
(2) A petition complaining of no return shall be deemed to be a parliamentary election
petition and the High Court—
(a) may make such order on the petition as they think expedient for compelling
a return to be made; or
(b) may allow the petition to be heard by an election court as provided with respect
to ordinary election petitions.
Source:
Representation of the People Act 1983, Art. 120, 123: https://www.legislation.gov.uk/ukpga/1983/2
|
2025/06/12
|
United States of America
|
b. EMB
d. Other
|
The Federal Election Commission was established by Congress in 1877 to investigate disputed Electoral College ballots. Electoral disputes can be tried in courts.
Source:
https://www.fec.gov ;
https://history.house.gov/Institution/Origins-Development/Electoral-College/ ;
|
2024/10/01
|
Uruguay
|
b. EMB
|
Source:
Constitution: Constitución de la República de Uruguay, art. 322 https://aceproject.org/ero-en/regions/americas/UY/uruguay-constitucion-de-la-republica-2004-vigente/view (2004).
|
2024/12/18
|
Uzbekistan
|
a. Judiciary
b. EMB
|
Election Commissions shall consider the appeals of voters and other participants in the electoral process and makes decisions on them, except for complaints on the actions and decisions of election commissions;
Article 86: The decisions of the joint meetings, as well as the Central Election Commission, can be appealed to the Supreme Court of the Republic of Uzbekistan within five days from the date these decisions are adopted.
Source:
Election Code of the Republic of Uzbekistan, Articles 14, 20, 22, 58, 86: https://lex.uz/docs/4458857
|
2024/08/26
|
Vanuatu
|
a. Judiciary
|
Every election petition shall be heard by the Supreme Court
Source:
Representation of the People Act, as amended, art. 54 (2): http://aceproject.org/ero-en/regions/pacific/VU/vanuatu-representation-of-the-people-act-1982-as/at_download/file
|
2025/03/19
|
Venezuela
|
b. EMB
|
An appeal can be filed before the National Electoral Council within twenty (20) working days following completion of the act related to election results.
Source:
Electoral Branch Law: “Ley Orgánica del Poder Electoral”, art. 33 (30 & 31): http://aceproject.org/ero-en/regions/americas/VE/leyes-electorales/venezuela-ley-organica-poder-electoral-2002/ ;
Electoral Law: “Ley Orgánica de Procesos Electorales”, art. 197, 203: http://aceproject.org/ero-en/regions/americas/VE/venezuela-ley-organica-procesos-electorales-2009/
|
2020/11/15
|
Viet Nam
|
b. EMB
|
The Central Election Council shall settle complaints and denunciations about the work of the provincial-level Committees for Election of Deputies to the National Assembly and Deputies to the People's Councils, Election Boards and Election Teams; about the election of deputies to the National Assembly, forwarded by the provincial-level Committees for Election of Deputies to the National Assembly and Deputies to the People's Councils or by the Election Boards; about National Assembly candidates; and about the returns of the election of deputies to the National Assembly.
Source:
Law of 1997 on Election of Deputies to the National Assembly, as amended and supplemented by laws No. 31/2001/QH10 and No: 63/2010/QH12, art. 14 (2-h): http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=2526 (2016)
|
2021/03/23
|
Virgin Islands, British
|
b. EMB
|
The Office of the Supervisor of Elections.
Source:
Office of the Supervisor of Elections. (n.d.).
Retrieved from http://www.bvi.gov.vg/departments/office-supervisor-elections
|
2019/02/15
|
Virgin Islands, U.S.
|
e. No information available
|
|
2012/02/24
|
Wallis and Futuna
|
d. Other
|
Administrative Judge
Source:
Electoral Code, Article L.117-1, L.118-1, L.118-2, LO325.
|
2004/01/15
|
Western Sahara
|
e. No information available
|
|
2009/08/14
|
Yemen
|
a. Judiciary
|
Any person with vested interest in the electoral process shall have the right to contest the results of parliamentary elections. Contests shall be submitted to the Supreme Court within (72) hours following the declaration of results appertaining to any given constituency. Each contest shall be based on reasons and shall be confined to election and vote-counting procedures. Each contestant shall be required to deposit with the Court the total sum of YR 50,000 as a guarantee to be refunded in full if contest is sustained by Court. The same amount however shall be forfeited and credited to the State Treasury if the contest is overturned by Court. The Supreme Court shall create a consultative body to investigate contested election cases. The consultative body shall be composed of heads of courts of appeals or their deputies. In view of recommendations forwarded by the consultative body with reference to the issues at stake, the Supreme Court shall issue its verdict(s) no later than (10) days from receipt of such recommendations and before the elected council holds its first session. The Supreme Court’s rulings shall be final and irrevocable and shall be communicated to the Supreme Committee in due course.
Source:
General Elections and Referendum Law of 2001, art. 111 - 114: http://www.scer.org.ye/english/generalelectionslaw.htm (2012)
|
2012/08/22
|
Zambia
|
b. EMB
|
Whenever the Commission, the Director of E
lections, an election officer or any person is required under this Act to decide an objection, dispute, complaint or an appeal, the Commission or that person may attempt to resolve the issue, that is the subject of the objection, dispute, complaint or appeal, through conciliation or mediation.
The Commission shall, for purposes of resolving electoral
disputes, constitute such number of conflict management
committees as the Commission may determine.
Source:
Electoral Law: Electoral Act, art. 110 & 111.
http://www.elections.org.zm/media/electoral__act_2006.pdf (2016)
|
2016/06/28
|
Zanzibar
|
a. Judiciary
|
Every election petition shall be tried by the High Court.
Source:
Electoral Act No. 11 of 1984 as amended, art. 115
http://www.temco.udsm.ac.tz/images/stories/Electral_Laws/ZANZIBAR-ELECTION-ACT-2010.pdf (2016)
|
2016/04/05
|
Zimbabwe
|
a. Judiciary
d. Other
|
Multiparty liaison committees are set up by Zimbabwe Electoral Commission (ZEC) at national, provincial and constituency level to attempt to resolve electoral disputes; election petitions are heard by Electoral Court
Source:
Electoral Law: Electoral Act, 160A-160D, 161 & 165.
http://aceproject.org/ero-en/regions/africa/ZW/zimbabwe-consolidated-electoral-act-amended-2018/view
|
2023/09/25
|