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.