After
any administrative recounts are resolved, and the electoral authority has
officially declared the election result, there may be further opportunity to
challenge the election result by appeal to a court or a special election appeal
tribunal.
A
challenge to a court or tribunal is generally made in a formal legal petition.
Challenges
may be made by candidates, parties, or individuals eligible to vote in the
election, or by the electoral administration. Those challenging usually have to
argue a case for challenging an election result.
There
will generally be a time limit on challenging election results before a court
or tribunal. This limit is usually longer than that applying for an
administrative recount, as the legal nature of court or tribunal proceedings
require greater preparation. In addition, the court or tribunal may be required
to hand down its decision within a specified time.
Some
jurisdictions limit the petition to a judicial body to complaints or appeals
that affect the result only. Then the complainant or applicant will be required
to show that their complaint would have an effect on the result of the
election.
At this
stage any aspect of the election may be questioned, including:
• the accuracy of the voter's list,
• whether voters were intimidated, bribed, or prevented from voting
• whether electoral officers acted in a biased, partisan way,
• whether candidates or parties acted improperly,
• whether candidates were eligible to be elected,
• whether votes were fraudulently cast, or
• whether there were any errors or irregularities in the vote counting process
•
whether any technology used in the electoral process or the results management system malfunctioned or was compromised in some way.
Courts or tribunals considering disputed elections may
have the power, given to them by legislation, to examine ballot papers and
other election documents or order recounts of ballot papers. They are usually
given the power to decide to confirm the original election result, or to
overturn the election result and declare a different result. They may also have
the power to order that another election must be held.
Courts
and tribunals may be bound by precedents set by previous election challenge
rulings. To maintain the integrity of the electoral process, it is important to
consistently interpret electoral laws. In particular, each electoral system
will have a set of rules defining acceptable marks that may be used on ballot
papers.
In some
cases it may be possible to appeal against the decision of a court or tribunal
to a higher authority. In other cases, statutes specify that there cannot be
appeals against the decision of an election court or tribunal. This helps to
prevent election results and the formulation of parliaments and governments
being unduly delayed by legal processes.
