EDRIElection Dispute Resolution Index
How robust are mechanisms to resolve election disputes?
Dimensions
Contest
30.0% · 2/5| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| CONT.EDRI.1Standing enumeratedAre the parties with standing to contest an election (candidate, party, qualified voters of the precinct, AG, etc.) enumerated in statute? | 0.5/150.0% | Article 51 addresses nomination objections rather than comprehensive election contest standing. It explicitly permits: (1) any objector filing objections (with grounds enumerated in sub-article 3); (2) the Commission itself raising objections; and (3) any voter to examine nomination papers. However, this section deals specifically with objections to candidate nomination papers, not broader election contest procedures such as challenging results, certification, or conduct of the election itself. The standing categories enumerated are limited to those challenging nomination validity on specific grounds (voter registration status, insufficient description, procedural non-compliance, deposit failure, double nomination). The section does not enumerate standing for contesting election results, certification validity, or post-election disputes beyond nomination-phase objections. Sub-article (9) permits a rejected candidate to contest the Commission's objection decision via Court of Appeal application, but this is remedial appeal of an administrative decision rather than broader election contest standing. The statute clarifies procedural access for nomination objections but fails to enumerate standing parties for the full spectrum of election disputes contemplated by CONT.EDRI.1. “Every objection shall be in writing and signed by the objector and shall specify the ground of the objection. The Commission itself shall raise an objection if it believes that any of the grounds mentioned in sub-article (3) exist. (5) For the purpose of this article, any voter may ask the Commissioners to be allowed to see and examine any nomination paper accepted by them.” | § view source 2026-06-16 |
| CONT.EDRI.2Venue & jurisdictionIs the court of original jurisdiction for election contests specified by statute? | 1/1100.0% | The statute explicitly designates the Constitutional Court as the forum of original jurisdiction for election contests via action to invalidate the election. The phrase 'Right of action before Constitutional Court' directly specifies venue and jurisdiction. While the section does not elaborate on standing, deadline, or evidentiary rules, it unambiguously identifies the court of original jurisdiction by name and statutory authority. This satisfies the narrow requirement of CONT.EDRI.2, which asks whether venue and jurisdiction are specified—not whether standing or procedural details are fully codified. “such provision shall not exclude recourse to the Constitutional Court by any person on an action to invalidate the election” | § view source 2026-06-16 |
| CONT.EDRI.3Filing deadlineIs the deadline for filing an election contest (days after certification, or after a defined event) specified by statute? | 0/10.0% | No section in the FTS-surfaced candidates satisfies this criterion. Best signal: Article 38 of Cap. 354 addresses appeals of voter registration cancellations, not election contests. The filing deadline specified (fifteen days before the election) relates to a pre-election administrative remedy for individual registration disputes, not post-election contest proceedings. The criterion requires a statutory deadline for filing an election contest, which is typically a post-election judicial or administrative challenge to election results or conduct. This section does not establish a deadline for filing such contests; it only governs the deadline for appealing individual voter registration decisions before election day. The section therefore does not satisfy the criterion for contest filing deadlines. | § view source 2026-06-16 |
| CONT.EDRI.4Standard of proof & evidenceAre the standard of proof and admissibility rules for election-contest evidence codified in statute? | 0/20.0% | No section in the FTS-surfaced candidates satisfies this criterion. Best signal: This section addresses voter registration cancellation and relates to electoral eligibility, not to the standard of proof or admissibility rules for evidence in election contests. The provision uses the phrase 'is satisfied' but provides no codified standard of proof (e.g., preponderance of evidence, clear and convincing evidence, or beyond a reasonable doubt) and contains no statutory evidentiary rules governing what evidence may be admitted, how it must be presented, or how credibility is assessed. The section delegates the satisfaction standard to the Commission's discretion without statutory definition. It falls outside the EDRI.4 criterion, which specifically targets contest-stage evidence standards. This is a registration eligibility rule, not a procedural rule for resolving election disputes through recount, contest, or certification mechanisms. | § view source 2026-06-16 |
Recount
10.0% · 0/4| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| RECT.1Statutory recount procedureAre recount procedures (who counts, how, with what evidence) defined in statute, not regulation or administrative directive? | 0.4/140.0% | Article 78 establishes observer rights to request recounts and defines certain specific reconciliation procedures (matching voter counts, names on voting documents, unused ballot papers). However, the statute does not codify a comprehensive recount procedure addressing: (1) formal triggering mechanism for recounts (who initiates, on what grounds, within what deadline); (2) the standard of review or threshold triggering a full recount; (3) cost allocation; (4) binding effect of recount findings; (5) appeal or challenge rights post-recount. The text grants "reasonable facilities" to request recounts but does not define what constitutes a valid recount request, the scope of mandatory recounting, or how recount results are certified and used to alter election results. This reflects a framework emphasizing reconciliation procedures and observer access rather than a statutory recount mechanism with clear procedural steps and consequences. | § view source 2026-06-16 |
| RECT.2Recount triggers enumeratedAre the triggers for an automatic or petition-based recount enumerated in statute (margin thresholds, sworn challenge, etc.)? | 0/10.0% | No section in the FTS-surfaced candidates satisfies this criterion. Best signal: Article 99 of Cap. 354 addresses the mechanical process of ballot-box opening and initial counting procedures, contingent on the Electoral Commission's direction and absence of objections. It does not enumerate recount triggers—neither automatic triggers (such as margin thresholds) nor petition-based triggers (such as sworn challenge procedures). The section prescribes procedural mechanics (face-down placement, tray arrangement, supervisor duties) but contains no language defining when or under what conditions a recount shall be initiated. The phrase 'where the Commission...so directs' and reference to 'objections' in the prior article suggest triggers exist elsewhere in the statute, but this section itself does not enumerate them. RECT.2 requires explicit statutory enumeration of recount triggers in the operative section. | § view source 2026-06-16 |
| RECT.3Recount cost allocationIs the cost of a petition-based recount allocated by statute (who pays under what outcome)? | 0/10.0% | No matching sections in corpus. | no FTS match 2026-06-16 |
| RECT.4Recount-finding effectAre the legal effects of a recount finding (binding, advisory, mandatory amendment) codified in statute? | 0/10.0% | No section in the FTS-surfaced candidates satisfies this criterion. Best signal: Article 49 of Cap. 354 (General Elections Act) governs ballot paper printing, security features, candidate arrangement, and related procedural matters. It does not address recount procedures, triggers, mechanisms, or the legal effects of recount findings. The section is exclusively procedural in relation to ballot preparation and does not codify what happens after a recount is conducted—i.e., whether a recount finding is binding, advisory, or mandatory for amendment of results. RECT.4 requires statutory codification of the legal effect of recount findings. This section contains none of that content. | § view source 2026-06-16 |
Timing
0.0% · 0/2| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| TIME.1Certification deadline in statuteIs the certification deadline (when the result becomes 'official') set by statute, not by administrative discretion? | 0/10.0% | No section in the FTS-surfaced candidates satisfies this criterion. Best signal: Article 43 of Cap. 354 addresses the registrar's duty to forward certificates regarding Electoral Register revisions (additions, deletions, corrections) to the Election Commission within a timeframe ('without delay'), but does not establish a statutory deadline for CERTIFICATION OF ELECTION RESULTS. The section governs pre-election register maintenance, not post-election result certification timing. The criterion requires a codified deadline specifying when election results officially become certified. This provision does not satisfy that requirement, as it concerns electoral roll administration rather than result finalization and certification deadlines. | § view source 2026-06-16 |
| TIME.2Pre-certification stayDoes statute provide a mechanism to stay certification while a recount or contest is pending? | 0/10.0% | No section in the FTS-surfaced candidates satisfies this criterion. Best signal: Article 33 of Cap. 354 addresses Electoral Register publication procedures, timing, and format requirements. It establishes deadlines for publishing revised registers (twice yearly in April and October, and within five days of dissolution of Parliament) and specifies content and formatting rules. However, this section contains no provisions regarding certification stays, recounts, or dispute-resolution mechanisms. It does not establish any statutory mechanism to pause or delay certification pending a recount or election contest. The criterion requires a codified stay mechanism operative during pending disputes; this section addresses only register management and publication timing, which are antecedent to but distinct from certification and dispute resolution procedures. | § view source 2026-06-16 |