|
total countries/territories: 112
|
|---|
| Country/Territory |
Answers |
Comments |
Verified |
|
Afghanistan
|
a. Electoral Management Body
|
Source:
Afghan Electoral Law:
http://aceproject.org/ero-en/regions/asia/AF/afghanistan-election-law-2014-english/view (2014).
|
2016/10/11
|
|
Albania
|
b. Constitutional (or similar) Court
|
Court of Appeals
Source:
Article 162 Electoral Code.
Law No. 8609 (8 May 2000).
|
2006/11/23
|
|
Algeria
|
b. Constitutional (or similar) Court
|
Source:
Electoral Law
Updated on March 10, 2005
|
2006/11/17
|
|
American Samoa
|
c. Superior Court
|
The superior court is called the High Court.
Source:
American Samoa Code Annotated Title 6 Elections 6.230
|
2017/08/18
|
|
Argentina
|
a. Electoral Management Body
|
The Board`s resolutions are appealable before the Electoral National Chamber. Jurisprudence of this body prevail over the Board`s discernments.
Source:
Electoral Code: “Código Electoral Nacional — Ley 19945”, art. 51: http://aceproject.org/ero-en/regions/americas/AR/argentina-ley-19945-codigo-electoral-nacional-2019/ (2019);
|
2021/12/26
|
|
Austria
|
b. Constitutional (or similar) Court
|
Source:
Constitution, Art 26.
|
2003/06/11
|
|
Azerbaijan
|
b. Constitutional (or similar) Court
|
In order to investigate complaints on actions (lack of actions) and decisions that violate citizens’ election rights relevant expert groups shall be created at the Central Election Commission composed of 9 members, and at the Constituency Election Commission composed of 3 members. Commissions’ lawyer members may be included in the composition of these groups. Rules for establishing expert groups shall be determined by the Central Election Commission.
Source:
Election Code of the Republic of Azerbaijan as amended in 2016, art. 112-1.1: https://www.legislationline.org/download/id/7885/file/Azerbaijan_Election_am2017_en.pdf(2017).
|
2021/08/03
|
|
Bahamas
|
e. Special Electoral Tribunal
|
The Electoral Court.
|
2002/10/03
|
|
Bahrain
|
c. Superior Court
|
The aggrieved candidate may, within five days after receipt of the decision of the National Election Director, appeal his case to the Appellate Division of the Supreme Court.
Source:
The National Election Code, Title 9, Section 903: http://www.fsmlaw.org/fsm/code/title09/T09_Ch09.htm (2021)
|
2024/08/20
|
|
Bangladesh
|
a. Electoral Management Body
f. Other
|
The Appellate Division
Source:
Representation of People Order: Chapter V; Article 62(3)
|
2006/05/23
|
|
Barbados
|
e. Special Electoral Tribunal
|
The Election Court is the final appellate authority for electoral disputes.
Source:
Election Offences and Controversies Act, Ch.3, Section 39.
|
2006/11/17
|
|
Belarus
|
a. Electoral Management Body
c. Superior Court
|
There are a few questions in which local court is the first level authority and the appellate authority is court of higher instance
In questions concerning annulation of the results the Central Election Commission is responsible.
Source:
Ms. Lidia Ermoshina - Chairperson of the Central Commission of the Republic of the Belarus on Elections and Holding of Republican Referendums. [email protected]
|
2006/11/20
|
|
Belgium
|
c. Superior Court
|
Source:
Electoral Code, Art. 131, 132, 160
|
2012/05/04
|
|
Belize
|
c. Superior Court
|
The Court of Appeal
Source:
Section 61, Electoral Law
|
2002/07/09
|
|
Benin
|
b. Constitutional (or similar) Court
|
Ses décisions ne sont susceptibles d'aucun recours.
Source:
Article 87 de la Constitution Article 155 du Code Electoral
|
2005/01/22
|
|
Bosnia and Herzegovina
|
c. Superior Court
|
Appellate Division of the Court of Bosnia and Herzegovina
Source:
Election Law, Article 6. Paragraph (12)
|
2002/05/07
|
|
Brazil
|
b. Constitutional (or similar) Court
c. Superior Court
|
The Superior Electoral Court (Tribunal Superior Eleitoral - TSE) is the final appellate authority for formal electoral disputes. The TSE is responsible for overseeing the entire electoral process, including resolving disputes related to elections at all levels (municipal, state, and federal).
Source:
Constitution of the Federative Republic of Brazil, 1988, Article 118, 119, 120:
https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil
Electoral Code - Law No. 4,737, of July 15, 1965, Article 22, 23, 29, 30:
https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965
|
2024/10/18
|
|
Bulgaria
|
a. Electoral Management Body
b. Constitutional (or similar) Court
c. Superior Court
|
Depending on the nature of the electoral dispute.
Source:
Elections of Members of Parliament Act, article 24. paragraph (3), article 28 paragraph (8)-(9), article 32 paragraph (4), article 40 paragraph (3), article 48 paragraph (3) and article 58. paragraph (1).
Presidential Elections Act, article 7 paragraph (2), article 10(f) paragraph (3), article 10(n) paragraph (1)-(5) and article 18 paragraph (3).
Political Parties Act, article 9 paragraph (4) and article 23. paragraph (2).
|
2007/01/31
|
|
Cameroon
|
b. Constitutional (or similar) Court
|
Source:
Article 48 de la constitution.
|
2002/09/18
|
|
Canada
|
b. Constitutional (or similar) Court
d. Local Court
|
The final appellate authority for formal electoral disputes is the Supreme Court of Canada.
Source:
Elections Canada
|
2006/12/11
|
|
Cape Verde
|
c. Superior Court
|
Source:
Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
|
2002/06/13
|
|
Chile
|
e. Special Electoral Tribunal
|
Source:
Electoral Tribunal Law 18.460
|
2002/06/17
|
|
Colombia
|
f. Other
|
Consejo de Estado.
Source:
CNE
|
2003/07/29
|
|
Croatia
|
b. Constitutional (or similar) Court
|
Source:
Electoral Code, articles 98 to 100.
|
2002/08/23
|
|
Cyprus
|
c. Superior Court
|
c) The Supreme Court rules on the electoral dispute by an irrevocable decision.
Source:
Electoral Law 72 of 1979 as amended, Art. 57 (1);
|
2012/04/26
|
|
Czech Republic
|
c. Superior Court
|
The final appellate authority for formal electoral disputes is the same court which makes the decision (except when a mistake in voter registration is alleged or contested).
Source:
All Electoral Acts
Code of Civil Procedure (Law Digest act no. 99/1963)
Currently there is a draft law which electoral matters will be judged under, to be called the Code of Administrative Procedure.
|
2006/11/21
|
|
Denmark
|
f. Other
|
The Folketing (parliament) is the final appellate authority for electoral disputes.
Source:
Parliamentary Elections and Election Administration in Denmark (Dr Jorgen Elklit and Anne Birte Pade, Election consultant Ministry of Interior), sec 1, art. 1.15, art. 52
Election Act chapter 1, part 11, art. 87-90
|
2015/06/08
|
|
Djibouti
|
b. Constitutional (or similar) Court
|
Source:
Article 48 of the constitution
|
2005/04/01
|
|
Dominica
|
c. Superior Court
|
The Court of Appeal
Source:
EL: 65
|
2002/12/14
|
|
Ecuador
|
a. Electoral Management Body
|
The Electoral Supreme Tribunal.
Source:
Organic Law of Elections, Art.90; Title IV, Chapters I and II of General Regulation of the Organic Law of Elections and Art.87 of Regulate to the Organic Law of Elections.
|
2003/11/25
|
|
Egypt
|
a. Electoral Management Body
|
|
2025/09/23
|
|
Eritrea
|
c. Superior Court
|
Source:
Election Act, art. 65:4
|
2011/06/21
|
|
Fiji
|
b. Constitutional (or similar) Court
|
Supreme Court
Source:
Constitution Section 117(2)
|
2003/06/30
|
|
Finland
|
b. Constitutional (or similar) Court
|
b) The Supreme Administrative Court
Source:
Election Act 714/1998 as amended, Section 105
|
2012/05/21
|
|
France
|
b. Constitutional (or similar) Court
c. Superior Court
|
b) The Constitutional court for legislative, presidential and Senate elections and for referendums
c) The Supreme Administrative Court for municipal, departmental and regional elections, as well as for European Parliament elections
Source:
b) Electoral Code, Art. LO179; Decree 58-1067 of 7 November 1958 on the Constitutional Court; Constitution, Art. 58, 59
c) Law No. 77-729 of 7 July 1977 on the election of representatives to the European Parliament, Art. 25; Electoral Code, Art. L223, L224, L249, L361
|
2012/05/02
|
|
French Polynesia
|
b. Constitutional (or similar) Court
c. Superior Court
|
"State Council" or "Constitutional Council" depending on the type of election.
Source:
Electoral Code, Articles LO179-189, L.118-1-3.
|
2004/01/15
|
|
Germany
|
b. Constitutional (or similar) Court
|
The Federal Constitutional Court.
Source:
Constitution, Ch.3, Art.41 (2)
|
2021/11/16
|
|
Ghana
|
e. Special Electoral Tribunal
|
This tribunal consists of three persons apointed by the Cheif Justice and the Electoral Commission.
Source:
The Constitution of the Republic of Ghana ( Article 48 Clause (1) )
|
2005/07/01
|
|
Guyana
|
c. Superior Court
|
In Guyana, it is the "Court of Appeal".
Source:
Dr. Steve Surujbally, President of the Elections Commissions,
elections(a)sdnp.gy
|
2006/11/21
|
|
Hungary
|
c. Superior Court
d. Local Court
|
Source:
Act C/1997 Art 77.
|
2002/07/05
|
|
Iceland
|
c. Superior Court
|
This applies to national elections.
Source:
Björn Fridfinnsson, Ministry of Justice and Ecclesiastical Affairs, bjorn.fridfinnsson(a)dkm.stjr.is
|
2002/07/11
|
|
India
|
c. Superior Court
|
Appeals to Supreme Court.—(1) Notwithstanding anything contained in any other law for
the time being in force, an appeal shall lie to the Supreme Court on any question (whether of law or fact)
from every order made by a High Court under section 98 or section 99.
(2) Every appeal under this Chapter shall be preferred within a period of thirty days from the date of
the order of the High Court under section 98 or section 99:
Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty
days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within such
period.
Source:
Representation of People Act 1951, sec 116 A
|
2024/06/18
|
|
Ireland
|
c. Superior Court
|
The decision of the High Court is final, subject only to appeal on a question of law to the Supreme Court.
Source:
Electoral Act 1992, Art. 134
|
2012/05/10
|
|
Italy
|
f. Other
|
The Parliament is the ultimate judge. The Chamber of Deputies make the final decision over electoral disputes and controversies. The Chamber also approves and publishes the final results.
Source:
Electoral Law: "Testo Unico delle Leggi Elettorali", Art. 87
|
2012/04/16
|
|
Jamaica
|
c. Superior Court
|
|
2025/09/18
|
|
Japan
|
b. Constitutional (or similar) Court
|
Source:
Electoral Code, articles 204 and 208.
|
2003/07/02
|
|
Jordan
|
b. Constitutional (or similar) Court
c. Superior Court
|
The Commission shall reach a decision on objections submitted in accordance with .2 item (1) of this paragraph within seven days as of the receipt of such objections and shall prepare a special list of decisions reached on such objections, regardless of whether they are accepted or rejected. Such lists shall be displayed for seven days by the heads of elections.
The decisions of the Commission taken in accordance with item (2) of this paragraph may be appealed at the court of first instance under whose jurisdiction the relevant district is located within seven days as of the day following the date on which such decisions were put on display.
Courts of first instance shall decide on the objections submitted to them in accordance with this paragraph within seven days as of the date of their receipt by the court registry and their decision shall be final. The court shall provide the Commission with copies of such decisions within three days as of their date of issuance. The Commission shall immediately send copies of such decisions to the Department in order that it take the necessary procedures to correct the preliminary lists within seven days as of the date on which such decisions were received.
Source:
The 2016 Parliament Elections Law No. 6, art. 4: http://iec.jo/sites/default/files/2ParliamentaryElectionLawMay2016EN.docx%20%281%29_0.pdf (2016)
|
2016/08/01
|
|
Kazakhstan
|
b. Constitutional (or similar) Court
c. Superior Court
|
The refusal of the Central Election Commission to register the candidate to President or cancellation of the decision on registration can be appealed within ten days personally by the candidate or the public association which has nominated a candidate to the Supreme Court which shall consider the appeal within ten days from the date of its submission. The decision of the Supreme Court shall be final. (Constitutional Law on Elections, Art. 59-8)
The Central Election Commission on the basis of the statement submitted by the oblast, city (the cities of the Republican status and the capital of the Republic) election commission or applications of electors can declare the election of the deputy to the Senate as null and void if during the given elections or at vote count or determination of the voting results certain infringements of this Constitutional Act took place on the basis of which the commission can refuse the registration of the Senate deputy. In this case the given decision of the Central Election Commission can be appealed by the candidate to the Senate deputy within ten days since the date of its adoption in the Supreme Court which within ten days shall take the decision. (Constitutional Law on Elections, Art. 82-2)
A decision to exclude a person, listed on the party list, from this list can be appealed by political party, which nominated party list, or by a person, who was excluded from the party list, to the Supreme Court, which decision shall be final. (Constitutional Law on Elections, Art. 89-5)
Source:
Constitutional Law on Elections of the Republic of Kazakhstan, amended as of June 29, 2018, Art. 59, 82, 89: https://www.election.gov.kz/eng/election-legal-framework/the-laws-of-the-rk.php
|
2024/10/17
|
|
Kenya
|
c. Superior Court
|
Source:
The Constitution of Kenya art. 140
|
2024/12/06
|
|
Kiribati
|
c. Superior Court
|
All elections petitions are referred to the Judiciary (the High Court) for arbitration.
Source:
Article 60, Constitution
Article 34 (1), Elections Ordinance
|
2020/05/01
|
|
Korea, Republic of
|
c. Superior Court
|
Source:
AEP, articles 222 and 223.
|
2002/12/20
|
|
Lesotho
|
c. Superior Court
|
There shall be a High Court which shall have unlimited original jurisdiction to hear and determine any civil or criminal proceedings and the power to review the decisions or proceedings of any subordinate or inferior court, court-martial, tribunal, board or officer exercising judicial, quasi-judicial or public administrative functions under any law and such jurisdiction and powers as may be conferred on it by this Constitution or by or under any other law.
Source:
Constitution of Lesotho, art. 119(2): http://www.gov.ls/documents/Lesotho_Constitution.pdf
|
2015/03/03
|
|
Lithuania
|
a. Electoral Management Body
b. Constitutional (or similar) Court
f. Other
|
f) Constitutional Court
Source:
Electoral Law: Republic of Lithuania Law on Elections to the Seimas, last amended on 14 December 2010 — No XI-1226, Art. 86(5).
|
2016/02/02
|
|
Luxembourg
|
f. Other
|
f) The Administrative Court
Source:
Electoral law of 18 February 2003, Art. 278
|
2015/06/05
|
|
Macedonia, the Former Yugoslav Republic of
|
c. Superior Court
|
Art. 147: (7)The decisions of the Administrative Court are final, cannot be appealed and no other legal remedy can be used against them, except in cases prescribed by this Code.
Art. 148: (5) The submitter can appeal the decision of the State Election Commission to the Administrative Court within 48 hours from the receipt of the decision.
See also Art. 149 (4) and Art. 149a (4).
Source:
Electoral Code of The Republic of Macedonia (consolidated version as of February 2019), Art. 147, 148, 149, 149a:
https://www.ifes.org/sites/default/files/electoral_code_of_the_republic_of_north_macedonia_february_2019_english.pdf
|
2020/04/16
|
|
Marshall Islands
|
c. Superior Court
|
High Court
Source:
Elections and Referenda Act 1980 section 180 clause 1
|
2005/02/23
|
|
Micronesia, Federated States of
|
c. Superior Court
|
The aggrieved candidate may, within five days after receipt of the decision of the National Election Director, appeal his case to the Appellate Division of the Supreme Court.
Source:
The National Election Code, Title 9, Section 903: http://www.fsmlaw.org/fsm/code/title09/T09_Ch09.htm (2021)
|
2021/03/25
|
|
Moldova, Republic of
|
b. Constitutional (or similar) Court
|
the Audiovisual Coordinating Council
Source:
electoral-code-2019.Article 74
|
2021/04/05
|
|
Montenegro
|
b. Constitutional (or similar) Court
|
Article 110: An objection may be lodged to the State Election Commission against the decision of the
municipal election commission rejecting or refusing the objection.
An appeal may be brought to the Constitutional Court of Montenegro against the decision of the
State Election Commission rejecting or refusing the objection.
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
|
|
Morocco
|
b. Constitutional (or similar) Court
|
Source:
Morocco: Organic Law No. 27-11 on the House of Representatives, art. 13 http://aceproject.org/ero-en/misc/62764464563a631628-642627646648646/view (2011)
|
2016/08/15
|
|
Nepal
|
b. Constitutional (or similar) Court
|
Source:
Constitution 1990, article 106.
Interview with Bishnu Pratap Shah, Former Chief Election Commissioner, January 2004.
|
2006/11/21
|
|
Netherlands
|
f. Other
|
Complaints on voter registration and registration of political groupings or candidates can be submitted to the electoral or administrative body dealing with those issues. However, the Act does not provide the possibility to file formal complaints with the electoral administration on other issues. Instead, individuals attending meetings of different levels of the election administration can make oral objections. Voters present in polling stations may also register objections, which are included in the official report.
Source:
OSCE/ODHIR 2012 Asssessment Mission Report, ch. IX: http://aceproject.org/ero-en/regions/europe/NL/the-netherlands-elections-assessment-mission/at_download/file
|
2016/03/17
|
|
New Caledonia
|
b. Constitutional (or similar) Court
c. Superior Court
|
State Council or Constitutional Council depending on the type of election.
Source:
Electoral Code, Articles L.179, L.180-186, L.197, L.188-189, L.118-1-3.
|
2003/11/28
|
|
New Zealand
|
c. Superior Court
|
Source:
Electoral Law: Electoral Act 1993, art. 235
|
2024/07/02
|
|
Niger
|
b. Constitutional (or similar) Court
|
La Cour Constitutionnelle statue en premier et dernier ressort. Art. 100 du Code Electoral
Source:
voir article 89 et suivants du code électoral
|
2007/01/02
|
|
Nigeria
|
b. Constitutional (or similar) Court
|
|
2001/11/08
|
|
Niue
|
c. Superior Court
|
c) - Niue High Court.
- Niue Court of Appeal.
Source:
Hagen Siosiskefu, Administration manger/election supervisor, Justice department
|
2006/12/19
|
|
Norway
|
f. Other
|
For national elections: the National Assembly (Stortinget).
For local and regional elections: the Ministry of Local Government and Regional Development.
Source:
Election Law Art. 70-71
|
2002/06/05
|
|
Pakistan
|
c. Superior Court
|
Source:
Section 67 (3) of the Representation of the People's Act, 1976
|
2002/06/18
|
|
Palestine
|
e. Special Electoral Tribunal
|
Source:
EL. 25
Updated on March 10, 2005
|
2006/11/21
|
|
Papua New Guinea
|
c. Superior Court
|
Electoral Disputes are heard in the National Court, but can be appealed to the Supreme court.
Source:
Constitution of the Independent State of Papua New Guinea Section 155 clause 2 (a)
|
2005/03/02
|
|
Paraguay
|
a. Electoral Management Body
|
The Superior Court of Electoral Justice.
Source:
National Constitution of Paraguay, Law N. 635 and Law N. 834.
|
2009/07/05
|
|
Philippines
|
c. Superior Court
|
Contests relative to elective, regional, provincial, city affairs, Supreme Court
Contest for municipal & barangay affairs, the Comelec
However, for grave abuse of discretion to the Supreme Court.
Source:
Art. IX C, Sec. 2(2)
|
2007/01/03
|
|
Portugal
|
b. Constitutional (or similar) Court
|
Article 118:
4 - The Constitutional Court sitting in plenary shall take the definitive decision on the appeal
within the forty-eight hours following the end of the time limit provided for in the previous
paragraph, and shall immediately communicate its decision to the National Electoral
Commission.
Source:
Assembly of the Republic Electoral Law (Law No. 14/79 of May 16, 1979) as amended, Articles 118 (4):
https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiEleitoralARen.pdf
|
2024/10/10
|
|
Romania
|
f. Other
|
a.) Generally, the final appellate authority in parliamentary elections: voiding the elections, formation of the constituency electoral commissions.
b.) Exclusively in cases concerning presidential elections.
c.) Registration of nominations, formation of the Central Electoral Commission.
Source:
Law on Election of the Parliament, articles: 25 (paragraphs 1-4), 32(paragraph 2), 36 (paragraph 4), and 48 (paragraph 3).
Law on Election of the President, articles 17 and 24 (paragraph 1-4).
|
2004/11/22
|
|
Russian Federation
|
c. Superior Court
d. Local Court
|
2. Appeals against decisions and actions (omissions) of the Central Election Commission of the Russian
Federation shall be submitted to the Supreme Court of the Russian Federation, appeals against decisions and
actions (omissions) of the election commissions of subjects of the Russian Federation, district election
commissions at elections of legislative (representative) bodies of state power of subjects of the Russian
Federation shall be submitted to the supreme courts of the republics, regional courts, courts of cities of federal
significance, courts of autonomous regions and districts, appeals against actions or omissions of the other
commissions shall be submitted to district courts.
Source:
Federal Law "On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum" as amended on July 21, 2005). (article 75).
|
2016/06/02
|
|
Rwanda
|
c. Superior Court
|
In case of dispute, the Supreme Court shall settle with regards to the final results of the election.
Source:
Rwanda laws governing elections Chapter 1 article 73. http://aceproject.org/ero-en/regions/africa/RW/rwanda-organic-law-nb0-17-2003-of-07-07-2003/view
|
2018/11/02
|
|
Saint Kitts and Nevis
|
c. Superior Court
|
The High Court
Source:
Article 36, Constitution
|
2020/04/15
|
|
Saint Lucia
|
c. Superior Court
|
The hearing of an election petition is subject to the same procedures of a civil action in the High Court
Source:
EDSL.
|
2002/12/10
|
|
Saint Vincent and the Grenadines
|
c. Superior Court
|
Source:
St. Vincent and the Grenadines: Electoral Law, articles 57 and 59.
|
2021/12/26
|
|
Samoa
|
d. Local Court
|
The recount is to be made in the presence of the District Court Judge or of an officer appointed by him or her for the purpose, and must as far as practicable be made in the manner provided in the case of the original count.
Source:
The Electoral Law 2019, Article 85 (3) and (4): https://www.palemene.ws/wp-content/uploads/Electoral-Act-2019-Eng.pdf (2021)
|
2021/04/09
|
|
Sao Tome and Principe
|
c. Superior Court
|
Source:
Electoral Law of the Democratic Republic of Sao Tome and Principe n.º 11/90 of 26 November 1990, art. 164: https://aceproject.org/ero-en/regions/africa/ST/sao-tome-e-principe-electoral-law
|
2021/06/18
|
|
Serbia
|
b. Constitutional (or similar) Court
f. Other
|
The complainant may file an appeal against the decision of the Republic Electoral
Commission by which a complaint was dismissed or rejected with the Administrative Court
within 72 hours following the publication of that decision on the website.
The decision made in the appeal procedure shall be final and extraordinary legal
remedies provided by the law governing administrative disputes may not be filed against it.
The Constitutional Court shall decide on electoral disputes for which the court jurisdiction has not been specified by the Law.
Source:
Electoral Law: Law on Election of Members of Parliament, art. 156, 158.
http://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-elections-of-representatives-updated/view
Constitution: Constitution of the Republic of Serbia, art. 167.
http://aceproject.org/ero-en/regions/europe/RS/constitution-of-the-republic-of-serbia-2006/view
|
2022/07/06
|
|
Seychelles
|
b. Constitutional (or similar) Court
|
Source:
Elections Act (1996)Section 44
|
2025/02/27
|
|
Sierra Leone
|
c. Superior Court
|
|
2005/06/30
|
|
Slovakia
|
f. Other
|
For national elections: the National Assembly (Stortinget).
For local and regional elections: the Ministry of Local Government and Regional Development.
Source:
Election Law Art. 70-71
|
2019/03/07
|
|
Slovenia
|
b. Constitutional (or similar) Court
d. Local Court
|
An appeal against a decision of the electoral commission by which a list of candidates is rejected, may be lodged at the court, competent to deal with contentious administrative matters, within 48 hours of announcement of the decision. The court must reach a decision on the appeal within 48 hours of the lodging thereof.
The court shall reach a decision within a senate of three judges.
The court shall reach a decision on the basis of the appropriate application of the provisions of the Administrative Disputes Act.
The National Assembly confirms the election of deputies. An appeal may be made before the Constitutional Court, in accordance with the law, against a decision of the National Assembly.
Every candidate and representative of a list of candidates who, pursuant to the Law on Elections to the National Assembly, has lodged an appeal with the National Assembly against a decision of an electoral committee which might influence the confirmation of the deputy, shall be entitled to lodge an appeal with the Constitutional Court against the decision of the National Assembly on confirmation of the deputy.
The appeal must be lodged within 8 days from the day when the decision of the National Assembly was reached.
If the Constitutional Court decides that an appeal is founded and that the decision of the National Assembly is not in conformity with the Constitution or the law, it shall vitiate the decision of the National Assembly and may itself decide whether or not the deputy's term of office is to be confirmed.
Source:
Constitution, article 105.
Electoral Code, article 82.
Law on the Constitutional Court, article 69.
|
2004/11/29
|
|
Somalia
|
c. Superior Court
|
Source:
article 58 regulations of political parties and party law no. 14/2000
|
2005/04/06
|
|
South Africa
|
b. Constitutional (or similar) Court
|
|
2024/12/04
|
|
Spain
|
b. Constitutional (or similar) Court
|
Constitutional Court ("Tribunal Constitucional").
Source:
Electoral Law 5/1985 of 19 June ("Ley Organica del Régimen Electoral General"), Art. 114(2)
|
2012/04/17
|
|
Sri Lanka
|
a. Electoral Management Body
|
The Supreme Court shall have the power to hear and determine and make such orders as provided for by law on –
(a) anylegalproceedingrelatingto**[electionofthePresidentor the validity of a referendum];
(b) anyappealfromanorderorjudgementoftheCourtofAppeal in an election petition case
Source:
Constitution 1978, art. 130: http://aceproject.org/ero-en/regions/asia/LK/sri-lanka-constitution-as-amended-up-to-9/at_download/file
|
2016/02/04
|
|
Sudan
|
e. Special Electoral Tribunal
|
The President of the Judiciary Affairs appoints the Special Electoral Tribunal.
Source:
Law for Behavior in the Elections 1994, article 8.
Updated on March 10, 2005
|
2005/04/06
|
|
Sweden
|
f. Other
|
The Election Review Board is the only instance for electoral disputes. There is no right of appeal against its decisions.
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
|
b. Constitutional (or similar) Court
|
b) The Swiss Federal Supreme Court
Source:
Law of 17 June 2005 on the Federal Court, Art. 82 (c), 88: Official Website of the Swiss administration: http://www.admin.ch/ch/f/rs/173_110/index.html
|
2012/05/11
|
|
Timor-Leste
|
a. Electoral Management Body
|
|
2001/09/17
|
|
Tonga
|
c. Superior Court
|
Supreme Court
Source:
Electoral Act Part V Section 30: https://aceproject.org/ero-en/regions/pacific/TO/tonga-electoral-act-1989-1 (2021)
|
2021/09/13
|
|
Trinidad and Tobago
|
b. Constitutional (or similar) Court
|
An appeal shall lie from decisions of the Court of Appeal to the Judicial Committee with the leave of the Court of Appeal in the following cases:
(a) decisions in any civil proceedings; where in the opinion of the Court of Appeal the question involved in the appeal is one that, by reason of its great general or public importance or otherwise, ought to be submitted to the Judicial Committee; and
(b) such other cases as may be prescribed.
Source:
Constitution of the Republic of Trinidad and Tobago Article 109 [2]
|
2015/05/21
|
|
Tunisia
|
e. Special Electoral Tribunal
|
Appeals against the preliminary results are filed
with the appellate chambers of the administrative
tribunal within three days of publication of the
results
Source:
Tunisia: Final Report, Legislative and Presidential Elections, Carter Center (2014): https://aceproject.org/ero-en/misc/tunisia-final-report-legislative-and-presidential
|
2019/08/05
|
|
Turkey
|
a. Electoral Management Body
|
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
|
|
Tuvalu
|
b. Constitutional (or similar) Court
|
Court of Appeal
Source:
Constitution Section 119(b)
|
2003/07/28
|
|
Ukraine
|
c. Superior Court
|
c.)Decision of the Central Elections Commission to declare the elections void, to refuse to declare the elections void or non-adoption of a decision on this issue can be appealed to the court by the procedure established by law.
Source:
Law on Elections of Peoples Deputies of Ukraine, article 47 (3)
Svetlana Kravcova, Information Officer at the Central Election Commission, tel. +380-44-294-93-66
|
2006/11/21
|
|
United Kingdom of Great Britain and Northern Ireland
|
e. Special Electoral Tribunal
|
Source:
Representation of the People Act 1983, Art. 120, 123
|
2016/04/11
|
|
United States of America
|
c. Superior Court
|
Source:
Article III, Section 2, United States Constitution
|
2024/10/01
|
|
Uruguay
|
a. Electoral Management Body
|
Source:
Constitution, art. 322
|
2002/06/18
|
|
Vanuatu
|
c. Superior Court
|
Every election petition shall be heard by the Supreme Court
Source:
Representation of the People Act Cap (146) Article 54 (2): http://aceproject.org/ero-en/regions/pacific/VU/vanuatu-representation-of-the-people-act-1982-as/at_download/file
|
2016/01/26
|
|
Venezuela
|
c. Superior Court
|
Supreme Court across his Political - Administrative Room.
Source:
LOSPP, art. 240
|
2003/09/29
|
|
Viet Nam
|
a. Electoral Management Body
|
Source:
Law on Election of National Assembly Deputies, article 78 (2)
|
2021/03/23
|
|
Wallis and Futuna
|
b. Constitutional (or similar) Court
c. Superior Court
|
State Council or Constitutional Council depending on the type of election.
Source:
Electoral Code, Articles LO179, LO180- LO186, LO197, LO188, LO189, L.118-1-3.
|
2004/01/15
|
|
Yemen
|
c. Superior Court
|
The Superior Court of the Judiciary power is the highest committee that gives the final appellate authority for formal electoral disputes.
Source:
Constitution, chapter 3, part3, section 3, articles 152 and 153 (a, b, c, d, e).
Updated on March 10, 2005
|
2006/04/25
|
|
Zanzibar
|
c. Superior Court
|
The High Court has final authority on electoral disputes.
Source:
Zanzibar Electoral Act No. 11 of 1984, including ammendments made by Act No. 8 of 1992; Act No 14 of 1992, and Act No. 5 of 1995. 15th May, 1995. Chapter VIII.
|
2002/09/25
|
|
Zimbabwe
|
b. Constitutional (or similar) Court
|
Source:
Zimbabwe Electoral Act. http://aceproject.org/ero-en/regions/africa/ZW/zimbabwe-consolidated-electoral-act-amended-2018/view
|
2018/10/30
|
