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, individuals eligible to vote in the election, or by the electoral administration. Those mounting a challenge 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 to an administrative recount, as the legal nature of court or tribunal proceedings require greater preparation. In Australia, for example, there is a forty-day limit on challenging an election result before a court. In addition, the court or tribunal may be required to hand down its decision within a specified time.
At this stage any aspect of the election may be questioned, including:
- the accuracy of the voters' list,
- whether voters were intimidated, bribed, or prevented from voting,
- 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.
Courts or tribunals considering disputed elections may have the power 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.
