EDRIElection Dispute Resolution Index

§ 70 of the Riigikogu Election Act enumerates standing — an individual, a candidate or a political party whose rights are infringed by a contested act (an 'interested person') has the right to file a complaint.

“An individual, a candidate or a political party (hereinafter interested person) who finds that their rights have been infringed by a contested act has the right to file a complaint.”

Venue is codified — a complaint is first filed with the National Electoral Committee (§ 72), and § 72¹ routes a complaint or appeal against an act or resolution of the National Electoral Committee to the Supreme Court under the Constitutional Review Court Procedure Act.

“the person may file a complaint or appeal with the Supreme Court pursuant to the procedure prescribed in the Constitutional Review Court Procedure Act.”

§ 72 sets the filing deadline — a complaint must be filed with the National Electoral Committee within three days of the contested act, and the Committee must review it and adopt a resolution within five working days of receipt.

“A complaint is to be filed with the National Electoral Committee within three days after:”

§ 9 codifies the standard for overturning a result — the National Electoral Committee may declare results invalid and order a repeat vote only where the violation 'significantly affected or could have significantly affected the voting results', a materiality standard; detailed evidentiary admissibility rules are not separately codified.

“where the violation significantly affected or could have significantly affected the voting results;”

Recount is codified — § 12 of the President of the Republic Election Act requires the electoral committee to recount the votes where the ascertainment procedure was violated; under the Riigikogu Election Act the rural-municipality/city vote-counting committees additionally check every result by recounting the ballot papers (§ 60).

“Where the procedure for ascertaining of voting results has been violated, the electoral committee recounts the votes.”

§ 60 of the Riigikogu Election Act codifies an automatic recount trigger — every result reported by the voting-district committees is checked by recounting the ballot papers at the rural-municipality/city level; a complaint alleging a procedure violation is a second, petition-based trigger.

“The result obtained is checked by recounting the ballot papers.”

No matching sections in corpus (FTS returned 0 candidates) — concept not codified in this jurisdiction's election statute.

§ 60 gives the recount binding effect — where the recount figures differ from the voting-district records the recount controls (the original records may not be amended), and the vote counting committee adopts a resolution on the final voting results.

“The vote counting committee adopts a resolution concerning the final voting results.”

The point at which results become official is set by statute — § 62 of the Referendum Act has the National Electoral Committee approve results by resolution after election day, once the complaint and appeal periods have expired; result registration is statutorily timed, not left to administrative discretion.

“The National Electoral Committee approves the results of a referendum by a resolution after the referendum day but not before the term for filing complaints or appeals with the National Electoral Committee and the Supreme Court has expired”

§ 62 of the Referendum Act codifies a pre-certification stay — the National Electoral Committee may not approve the results before the complaint and appeal periods have expired and before final resolutions or judgments have been made on any pending complaints.

“not before the term for filing complaints or appeals with the National Electoral Committee and the Supreme Court has expired or before final resolutions or judgments have been made in respect of such complaints.”