Recommendation 15 (Complaints and Appeals) Nicaragua 2011 —
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Recommendation 15 (Complaints and Appeals) Nicaragua 2011

http://aceproject.org/ero-en/regions/americas/NI/nicaragua-final-report-general-elections-eu/at_download/file

The electoral law’s very limited list of possible grounds for challenging the results in a polling station does not in any way encompass the range of incidents and irregularities which can affect the validity of the voting or counting processes. In addition, the law’s provision that a well-founded challenge of a polling station result in cancellation of its results is excessive, not least in that it fails to respect the will of the voters, in the way that a simple recount or public investigation would allow. Lastly, the law only contemplates re-holding elections in a given constituency when half of all polling stations within the area have had their results annulled. The EU EOM recommends to the National Assembly that it reform the electoral law to provide a wider and more comprehensive list of grounds for challenging the results of polling stations, preferably with a final open clause referring to any irregularity which could affect the integrity, transparency or accuracy of the voting and counting. Such a reform should emphasise the recourse to a recount as a remedy to challenges regarding counting or recording of results. The Mission also recommends, in order to respect the will of the voters and to avoid the risk of selective annulments, that the re-holding of elections should depend on whether the number of voters registered at the affected polling stations could affect the results in the constituency in question.

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