Apkopojums par vēlēšanu rezultātu atcelšanu kampaņas pārkāpumu dēļ

Apkopots no Venēcijas komisijas 2009.gada pētījuma

Vai kampaņas pārkāpumi var būt par pamatu vēlēšanu rezultātu atcelšanai?

Albānija

The violations of the law that could be a reason for the invalidation of the elections should be in such a degree that it may have influenced the candidate victory or the allocation of mandates in the election units, and this is valued from the CEC or the Electoral Chamber.

Article 179 of the Electoral Code provides for the violation of any one of the general principles specified in the Code, in cases when these violations have not affected the election result, is an administrative offence and is punishable with a fine.

The amount of the fine is determined on basis of the following circumstances:
a) The risk posed by the violation to the organization and administration of future elections;
b) The fact whether the perpetrator of the offence has benefited from the violation materially or through the violation has affected the taking of a seat from a candidate, political party or coalition;
c) The duration and the range of actions that led to the commitment of the offence;
ç) The fact whether there have been efforts to hide the violation and the extent of these efforts;
d) The attitude of the perpetrator of the offence following its detection;
dh) the fact whether officials have taken part in the commitment of the offence or whether public resources have been used for it;
e) The fact whether the violation is a repetition;
ë) The fact whether it is has been committed in co-operation with others;
f) The potential risk to free, fair, democratic, and transparent elections.

The violations that have had an impact on the election results are a criminal offence and are punishable with imprisonment of six months to two years (Article 179/4). In this case, the CEC makes an indictment near the body in charge with the public prosecution. The criminal acts affecting free elections and democratic system of elections are foreseen in the Criminal Code (Articles 325-332).

Armēnija

The Constitutional Court in its CCD-236 decision has considered as bases for cancellation of electoral results such violations of electoral law, that hadn`t created necessary prerequisites to conduct elections in conformity with democratic principles and to protect thoroughly citizens` electoral rights.
The Constitutional Court in its CCD-408 decision has ascertained that the results of elections may be impacted by such violations of citizens’ universal, equal, free and direct electoral right with consistent regularity, which mutilate the overall picture of the realization of citizens’ electoral right and do not allow the making of a definite conclusion regarding final results of the whole process of elections.
According to the Constitutional Court`s legal position the decision to cancel or not to cancel electoral results in each case depends on concrete circumstances and must consider the heaviness and seriousness of legally evidenced violation, the scope of inclusion of violations, the means and forms of committing those violations. When investigating cases appealing election results, the Constitutional Court must take into consideration not only the aspect of defending rights and freedoms granted by the Constitution, but also the aspect of reliability and confidence towards the election process and the whole election system in terms of organizing and conducting it in accordance with legislation, proven violations of electoral right may be the basis for reconsidering results of elections. However, the essential content of such reconsideration must be the question of whether existing legal violations have such a spread as to put in doubt the whole results and validity of elections. Violations that have taken place in any one polling station may not serve as basis for assuming similar violations in other polling stations or doubting the extent of confidence towards them. Results of elections may be cancelled only on the basis of those legally evidenced concrete violations, which had or may have had significant impact on the final results of elections. Results of elections may be cancelled if violations have significantly impacted the ratio of votes received by candidates and the overall result is mutilated.
In the CCD-703 decision by the Constitutional Court has been constituted.” …any dispute connected with the decision adopted on the results of the RA Natioanl Assembly elections by proportional system shall become a subject matter in view of protection of a specific right to vote considering breaches of rights in the RA EC and Constitution during election administration, which could have served as a ground for rendering another decision. It refers to violations, occured in the election process and revealed in a timely manner and submitted with the legal justification required, which reveal that in case of an election dispute filed on the protection of a passive voting right, the opportunity for proper exercise of that right is disabled. … Meanwhile, the international practice of constitutional justice proves that only specific violations, affirmed in the procedure set out by the law, can serve as a ground to cancel the electoral results, which had had or could have had a substantial impact on the proportion of votes received by candidates and reveal the fact that the election results did not reflect the actual expression of voters’ will.”

Austrija

Contravention of electoral laws and regulations can lead to cancellation of electoral results, provided that it was proven, and that its ability to influence the electoral results was established by the Constitutional Court. Such cases are often established by illegal actions and decisions by the election administration (e.g. failures in establishing the electoral register, or the absence of a voting booth).

Azerbaidžāna

Beļģija

Nav skaidru noteikumu

Bosnija

Bulgārija

Čehija

All the three above-mentioned kinds of contraventions can generally serve as a basis for cancellation of election results in the Czech Republic. Therefore not only the non-compliance with eligibility criteria or contraventions of the electoral laws and regulations may cause the cancellation of election results. The Supreme Administrative Court noted in one of its significant judgments in electoral matters that a court makes decision in electoral matters not only on the basis of a violation of the electoral laws but also takes into account the violation of other laws anyhow related to the elections. The Supreme Administrative Court called this theory “relevant unlawfulness”.

Francija

La violation des règles sur l’éligibilité ou des lois et règlements électoraux peut servir de base, si elle paraît suffisante au juge électoral, pour avoir altéré la sincérité du scrutin, à l’annulation. En revanche, je ne vois pas d’hypothèse dans laquelle une violation du Code civil ou du Code pénal entraînerait l’annulation ; elle pourrait, éventuellement, après l’élection, entraîner la perte des droits civiques de l’élu et par là la déchéance de son mandat, d’où l’obligation d’organiser une nouvelle élection, mais ce n’est pas une annulation à proprement parler.

Grieķija

Peuvent servir de base pour l’ annulation des résultats des élections les suivantes violations de la loi: (A) Toute violation des règles sur les inéligibilités et les incompatibilités prévues par les articles 56 et 57 de la Constitution, précités, et les lois réglant les details de leur application. En Grèce il n’y a pas de procédure de récolte des signatures pour la nomination des candidats. (B) La violation de toute sorte de stipulations comprises dans le décret portant sur la codification des lois concernant l’ élection des députés précité (voir ci-dessus note (3) ainsi que dans toute autre loi, générale ou spéciale [Par exemple les règles sur l’inscription dans les listes électorales, les sur la campagne, la déontologie de la propagande électorale (en télévision ou aileurs, c’est-à-dire les affiches, les sondages, les tracts, les transparents, etc.), le financement illicite des candidatures, l’ excès des dépenses électorales (au delà du plafonnement fixé par la loi[42]), les agissement illégaux des membres du comité qui préside au bureau de vote (dorénavant bureaux de vote) pendant le suffrage (p.e. l’omission de parapher les bulletins de vote sortis de l’ urne, non respect de l’ impartialité, manquements graves dans la redaction des procès- verbaux électoraux, manque grave de matériel électoral ayant comme résultat l’ impossibilité de plusieurs électeurs d’ exprimer leur préférence pour un parti ou un candidat ou pour un vote blanc), intimidation par quiconque des électeurs (en général, ou specifiquement pendant l’exercice du droit de vote), la violation du secret et de l’anonymat du vote par l’électeur lui-même (soit en ajoutant un signe discriminatoire - aussi minuscule soit-il - sur son bulletin de vote - qui rend ce bulletin nul - c’est-à-dire les bulletins comportant un signe de reconnaissance, soit en refusant de voter secrètement derrière l’ isoloir), la falsification des bulletins de vote, l’utilisation des bulletins non réglementaires, les erreurs des organes compétents en ce qui concerne l’établissement du quotient électoral qui permet à un candidat d’ être élu, fautes dans l’établissement du numéro exact des sièges parlementaires à répartir entre les partis politiques dans la deuxième phase de réallocation des sièges, qui est effectuée en vertu de la force électorale des plus puissants parmi eux etc.]. Bien entendu il faut ici répéter, ce qui a été déjà souligné plus haut (voir dernier paragraphe de la réponse à la question (1), que, sauf dans les cas des inéligibilités , des incompatibilités, des déchéances des députés, et des fautes relatives au décompte des suffrages exprimés, la Cour de l’article 100 de la Constitution posséde un grand pouvoir discretionnaire d’annuler ou pas une élection pour violation des lois et des règlements électoraux.

Gruzija

According to the Articles 34. 2.”f”, 125.1-2 of Georgian Elections Code, gross and major violations of Georgian electoral law and considerable amount of invalidated ballot papers can serve as basis of cancellation of electoral results. According to the Article 77¹ of the Georgian Election Code an appeal may be lodged in case of the following contraventions of the law:
[…]
Regarding violation of the election campaign procedure established by paragraph 9 of the Article 73 of Georgian Elections Code:
9. From the moment of publication of the relevant legal Act that announces the elections until the publication of the final results of the elections, it is prohibited to:
a) for election subjects and their representatives to personally, or through someone else, transfer to voters monetary funds, gifts and other items of material value, to sell them goods at discounted prices, to supply or disseminate free-of-charge any goods (except for agitation materials envisaged by this Law), as well as to raise the interest of voters by promising to transfer them money, securities and other items of material value;
b) Using private personal funds and/or the election campaign funds by a physical or a legal person for the purposes of performing such works or providing such services (except for works and services defined under the Georgian law on state procurement), which are under the competence of Georgian State and/or local self-governance bodies, according to the Georgian legislation;
Regarding violations by the press and other mass media of the provisions of paragraphs 11 and 13-17 of Article 73 of Georgian Election Code about Election Campaign (Agitation) [Contravention of the electoral laws and regulations with special attention to the campaign rules and the rules of voting procedures]:
11. Any betting related to the elections shall be prohibited;
13. Deleted. (22.11.2007 N5500);
14. Starting from the 50th day prior to election day until the approval of the final election results by the CEC, owners of broadcasting license and a public broadcasting authority shall abide by the following terms [16.12.2005]:
a) If allocating air time for election campaigning and political advertising, publicly to announce and submit weekly to the CEC the following information (regional television and radio broadcasting companies submit this information to a relevant district election commission): the start and end date and frequency of the allocated air time; duration and timetable of the allocated daily air time; the air time tariff; provided service. [16.12.2005];
b) Paid airtime allocated by a TV or radio broadcaster shall not exceed 15 % of the total daily broadcasting time per day; no election subject shall be allocated more than one-third of this time;
c) When broadcasting political advertising via TV, the screen corner shall display the inscription "Paid political advertising" or "Free political advertising";
d) For the period provided for in this paragraph, no [deletion – 16.12.2005] placement of political advertisement, may be made other than at the times and space allocated for this purpose;
14¹. Obligations prescribed by provision 15 of this Article shall cover only those newspapers that are financed from the state or local budget. (22.11.2007 N5500)
15. Beginning from the 50th day prior to the Election Day until the approval of the final election results by the Central Election Commission, [16.12.2005] newspapers, other than the newspapers of political parties, shall abide by the following terms:
a) If allocating newspaper space for election campaigning and political advertising, the newspaper must publish in its newspaper and submit weekly to the CEC the following information (regional newspapers submit the information to a relevant district election commission) : the start and end date and frequency of the allocated newspaper space; the size of space allocated in one newspaper issue; if providing newspaper space free of charge, the share of the free space in the total space allocated for political advertising; the space tariff; provided service [16.12.2005];
b) No election subject shall be allocated more than one-third of the newspaper space in one newspaper issue or over a period of one week
[deletion – 16.12.2005];
c) The space tariff shall be the same for all election subjects;
d) When publishing a campaign article or political advertising, above the heading of the article and in the corner of the advertisement, shall be made the inscription "Paid political advertising" or "Free political advertising";
e) Must not publish [deletion – 16.12.2005] political advertising which violate the provisions of this paragraph during the period stated herein [24.12.2004];
15¹. The forms of the information to be presented in the election commission according to subparagraph "a" of the paragraphs 14 and 15 of the present article shall be determined by a resolution of the Central Election Commission of Georgia [16.12.2005];
16. Subject to paragraph 15, a newspaper, has the right to allocate free of charge air time/space for political advertising to an election subject [24.12.2004];
17. If any election subject fails to use its share of air time or newspaper space, owners of broadcasting license, a public broadcasting authority or newspaper shall have the right to distribute this time or space equally among the other election subjects. [24.12.2004] 14. Starting from the 50th day prior to election day until the approval of the final election results by the CEC, owners of broadcasting license and a public broadcasting authority shall abide by the following terms [16.12.2005]:
a) If allocating air time for election campaigning and political advertising, publicly to announce and submit weekly to the CEC the following information (regional television and radio broadcasting companies submit this information to a relevant district election commission): the start and end date and frequency of the allocated air time; duration and timetable of the allocated daily air time; the air time tariff; provided service [16.12.2005];
b) Paid airtime allocated by a TV or radio broadcaster shall not exceed 15 % of the total daily broadcasting time per day; no election subject shall be allocated more than one-third of this time;
c) When broadcasting political advertising via TV, the screen corner shall display the inscription "Paid political advertising" or "Free political advertising";
d) For the period provided for in this paragraph, no [deletion – 16.12.2005] placement of political advertisement, may be made other than at the times and space allocated for this purpose;
141. Obligations prescribed by provision 15 of this Article shall cover only those newspapers that are financed from the state or local budget. (22.11.2007 N 5500)
15. Beginning from the 50th day prior to the Election Day until the approval of the final election results by the Central Election Commission, [16.12.2005] newspapers, other than the newspapers of political parties, shall abide by the following terms:
a) If allocating newspaper space for election campaigning and political advertising, the newspaper must publish in its newspaper and submit weekly to the CEC the following information (regional newspapers submit the information to a relevant district election commission) : the start and end date and frequency of the allocated newspaper space; the size of space allocated in one newspaper issue; if providing newspaper space free of charge, the share of the free space in the total space allocated for political advertising; the space tariff; provided service [16.12.2005];
b) No election subject shall be allocated more than one-third of the newspaper space in one newspaper issue or over a period of one week
[deletion – 16.12.2005];
c) The space tariff shall be the same for all election subjects;
d) When publishing a campaign article or political advertising, above the heading of the article and in the corner of the advertisement, shall be made the inscription "Paid political advertising" or "Free political advertising";
e) Must not publish [deletion – 16.12.2005] political advertising which violate the provisions of this paragraph during the period stated herein [24.12.2004];
151. The forms of the information to be presented in the election commission according to subparagraph "a" of the paragraphs 14 and 15 of the present article shall be determined by a resolution of the Central Election Commission of Georgia [16.12.2005];
16. Subject to paragraph 15, a newspaper, has the right to allocate free of charge air time/space for political advertising to an election subject [24.12.2004];
17. If any election subject fails to use its share of air time or newspaper space, owners of broadcasting license, a public broadcasting authority or newspaper shall have the right to distribute this time or space equally among the other election subjects [24.12.2004]

Horvātija

Contravention of the electoral laws may be a reason for the cancellation of the election if the contravention influenced or could have influenced the election results. It is important to say that neither the State Electoral Commission nor the Constitutional Court have the legal powers to cancel the election results if the contraventions happened in the electoral campaign. The only thing that they can do is to establish that these contraventions happened and that they were contrary to the rules of fair electoral campaigning.

Igaunija

In principle, yes (see also answer to the previous question 3.a). [[In principle, yes – a non-compliance with eligibility criteria can serve as a basis for cancellation of election results, – if this significantly affected or could have affected the voting results. For example, in a case where a candidate without a right to run as a candidate (for example a non-citizen), was considered elected to a local government council, the Supreme Court assessed the significance of the affecting of the electoral results, based on the criteria, whether the number of votes received by this candidate affected the distribution of mandates in that electoral district and whether without the votes casted to this candidate the distribution of mandates in that electoral district would have been any different.]]
For example, in a case where 6 violations of the voting procedure were ascertained in a polling division with 1226 voters, the Supreme Court confirmed that these violations did not have such an extent that they could have affected the electoral results, and therefore there was no basis to declare the voting results invalid in this polling division.

Kipra

The grounds for declaring null and void an election, on an election petition, are set out in Article 58 which stipulates that:
“The election as a whole or the election of some candidates as members may be declared to be void on an election petition on any of the following grounds, which shall be proved:
a) That by reason of general bribery, general treating, or general undue influence, or other misconduct or circumstances, whether similar to those before enumerated or not, the majority of electors were or may have been prevented from electing the candidate or candidates whom they preferred;
b) That there was non-compliance with the provisions of this Law relating to elections, if it appears that the election was not conducted in accordance with the principles laid down in such provisions and that such non compliance affected the result of the election.
c)That a corrupt practice or illegal practice was committed in connection with the election by any candidate or with his knowledge or consent or by the election agent of any candidate;
[…]
Treating is corrupt on the part of the person treating when at the time he treats he does so for the purpose of influencing any other person in the exercise of his power of voting. Whether or not that’s the purpose for which is given is a question of fact and where that purpose is not expressly proved it may be inferred from the facts of the case which are proved. The corrupt purpose may be expressly proved for example, if the person treated is asked to come and take the treat and then vote for the party whose success the treats is trying to procure. The relative position of the treater and the person treated, the effect which the treat provided would be likely to have on the person treated, the part taken by the treated in the election and the time when the treat is given are material. Treating is not corrupt when it is a mere form of ordinary hospitality or in relation to business matters and there is no purpose of influencing voters.
Where by reason of undue influence the majority of electors were or might have been prevented from electing the candidate or candidates whom they preferred is a ground for declaring void an election. It is the ordinary right of a citizen to canvass and to propagate for the candidate of his choice. This is not illegal provided the person propagating or canvassing does not interfere with the free exercise of the right of the elector.

Koreja

One of the requirements to nullify an election is the existence of the illegal activity in the course of an election. Illegal activities exist a) when an election commission violates applicable law and orders; b) when an election commission knowingly dismisses any correction measure to serious election offenses by a candidate or a third party and this inaction or acquiescence is determined to affect the election result; or c) when a court determines that a candidate or a third party’s election offenses are serious enough to undermine the freedom and fairness of an election.[55]
Article 264 of the POEA provides that the elected shall be disqualified if the elected is sentenced to imprisonment or a fine exceeding 1 million won on account of committing the crime provided for in the POEA or violating election expense-related provisions under the Political Fund Act.
Methods of election campaign are strictly regulated and the election campaign period is limited under the POEA. Therefore, if the elected performs election campaign in manners which are not allowed under the POEA or before the campaign period prescribed under the POEA, he or she would have good possibility of meeting the threshold for disqualification.

Lielbritānija

The following acts, which constituted corrupt or illegal practices, can render an election void (see sections 60, 82(6), 115(1), 159, 164 and 165 of the 1983 Act and the common law:
1. General corruption;
2. Bribery;
3. Treating i.e., the provision of refreshments (usually alcoholic) with the intention to influence a voter so that their vote is not cast freely but rather is cast under a corrupt influence;
4. Intimidation or Undue influence e.g., threats or use of violence, temporal or spiritual injury, damage, harm or loss, duress, abduction, or the use of any fraudulent device so as to ‘restrain the liberty of the voter, so as either to compel or frighten him into voting or abstaining from voting otherwise than he freely wills’ per Willes J in Lichfield Case (1869) 1 O’H & M 25;
5. Personation i.e., where an individual votes either in person or via post as some other person, whether that other person is alive, dead or fictitious;
6. False declaration as to election expenses incurred;
7. Making false statements on documents delivered to a returning officer regarding the candidate’s name, date of birth, or home address knowing it to be false;
8. Placing a false signature, purporting to be that of an elector who either proposes, seconds, or assents to a candidate’s nomination, on documents delivered to a returning officer;
9. Candidate employing a corrupt agent or canvasser.

Lietuva
The violations of the Law on Elections is the ground for annulment of the results of elections.
In case of violation of a law, the Central Electoral Commission has broad discretion to recognise the results of elections in the electoral constituency as invalid; this is provided for in the provisions of the laws on the elections to the Seimas, to municipal councils and of the President of the Republic.

Lihtenšteina

L’annulation doit découler d’une violation de la loi [violation d’une norme obligatoire] ou se baser sur d’autres circonstances tels que : Influence contraire à la loi ; activités illicites ; graves irrégularités. Le tout toujours sous la condition que ces circonstances aient eu une influence notable sur le résultat de l’élection.

Luksemburga

Nav pietiekami precīzi likumu teksti, lai uz šo jautājumu atbildētu

Maķedonija

As far as the electoral campaign is concerned, neither the State Election Commission, nor the Administrative Court has the legal powers to cancel the election results if the contraventions happened in the electoral campaign.
This could be a basis for processing

the offences procedure in front of the regular courts.

Malta

As to the kind of contravention of the law as can serve as a basis of cancellation I would say that under Maltese law any of the matters cited in the questionnaire can serve as a basis for cancellation. For example if a person is disqualified from being a member of the house, then his election will be voided. It will also be voided or liable to be voided if he has committed illegal or corrupt practices. In the latter instances I would say these are violations of the electoral laws and regulations, and violation of the criminal law in relation to election related activities.

Moldova

Nīderlande

If elections take place in contravention of the electoral laws and regulations, this may lead to cancellation of the election results. A vote not held in accordance with the law must considered to be invalid.[68] However, non-compliance as such does not suffice.[69] The Electoral Council may give an opinion about alleged irregularities and their possible consequences[..]

Portugāle

Nē. La violation des normes des lois électorales qui règlent la votation, seulement, en ce qui concerne les illégalités pratiquées pendant la votation.

Rumānija

La fraude électorale comme toute action illégale qui a lieu avant, durant ou après la fin du vote ou pendant le dépouillement des votes ou du dressement des procès verbaux, ce qui a comme résultat le détournement de la volonté des électeurs et la création d’avantages concretisés par des mandats supplémentaires pour un compétiteur électoral. Ainsi, la notion est très large.

Serbija

The contravention of the election laws and regulations (b) constitutes a basis for the cancellation of electoral results.

Slovākija

Within the proceeding at the Constitutional Court concerning electoral results, the basis of their possible declaration for invalid, is the infringement of the electoral laws and regulations, campaign rules and rules of voting procedures.

Somija

If the competent court establishes that the decision or measure of an electoral authority has been unlawful and this may obviously have affected the electoral result and the result cannot be corrected, it orders a new election be held.

Šveice
Cela serait possible en cas d'influence décisive.

Ungārija

According to Article 77 of the Act, claims can be launched in three cases:
violation of electoral law;
infringement of the principles of elections (Article 71 of the Constitution) and
infringement of the principles of the electoral procedure (Article 3 of the Act).
The term “violation of electoral law” includes cases when substantial provisions are infringed either committed by the electoral committee, by the candidate or by any other participant of the procedure. But the infringement of the procedural norms can be also deemed as “violation of electoral law” and they may result in the cancellation of the result.
However, according to the jurisprudence of the court, violation of laws different from electoral ones (e.g. a criminal offence) can be considered only in this respect if it also conflicts with electoral law.
In a case the petitioner claimed that the local government had no legal basis to establish the local electoral committee, due to its internal misdemeanour. The Supreme Court rejected the petition on the ground that the operation of the local government has no link with electoral laws, so their violation cannot be ground of judicial remedy in the election process.

Vācija

The Federal Constitutional Court has developed the general rule that the voters need to be free, and uninfluenced by the government, during the decision-making process in an upcoming election. The court has held in several decisions that the principle of free suffrage and the principle of equal opportunities for political parties demand that during the election campaign the government must reduce its public relations measures the more the closer the election day is. A violation of this demand can lead to the invalidity of the election only if it either had or could have had an impact on the election results and the allocation of seats.
An electoral error due to influential behaviour of the government can only be established if there has been a major violation of the principle of free suffrage and the principle of equal possibilities in elections.

Zviedrija

The criteria for cancellation are
[…] if someone has
- impeded voting,
- corrupted votes cast or
- improperly acted at the election in some other way.

Vai tikai kandidātu pārkāpumi var vest pie vēlēšanu rezultātu atcelšanas vai arī citu rīcība tiek ņemta vērā (piemēram, ja mediji pārkāpj kampaņas normas, vai ja tās pārkāpj kāds cits kandidāta labā, bet kandidātam par to nezinot)?

Albānija

Yes, the candidates’ activities or the activities of others can lead to cancellation of the elections.

Armēnija

The RA legislation doesn`t concretize which subjects’ violations of the EC can lead to cancellation of electoral results. It becomes clear from the legal positions of the Constitutional Court that it doesn`t matter who has violated the EC. It matters only if violations made by any subject or subjects can lead to the cancellation or not.

Austrija

Activities by any party can lead to cancellation, as long as they are associated with an illegality of the election or its procedure. In most cases, however, contraventions to the law capable of establishing an illegality of the election and its procedure are committed by the candidates themselves, or by the election administration. Contraventions of media (e.g. to the Media Act) do not lead to a cancellation of an election.

Beļģija

Bosnija

Taking into account the relevant provisions, regulating this area, first and foremost, the candidates’ activities may lead to the cancellation of election results. The media conduct towards a specific candidate cannot result in the cancellation of election results. However, a sanction can be imposed with regard to the activities of members or sympathisers of a specific political party or persons involved in the administration of the election.

Bulgārija

Čehija

In the Czech Republic courts in electoral matters do not only assess the activities of individual candidates or political parties, but activities of others are also taken into account. The courts have concluded that the election laws are to be interpreted as laying down that the effect of media on the pre-election campaign be taken into account. Therefore a violation of media law may also result in the cancellation of election results.

Francija

En principe, seules les activités des candidats (ou de leur suppléant et en cas d’élections plurinominales des membres de leur liste) peuvent entraîner l’annulation. L’intervention de personnes extérieures ne peut avoir cet effet que si cela a été fait avec la participation ou l’accord du candidat.

Grieķija

En Grèce, au moins jusqu’à présent, il n’ y a pas de prévisions législatives ou de précédents jurisprudentiels sur l’annulation d’une élection à cause des activités des tiers (par exemple violation des règles sur la campagne par les médias ou d’autres personnes en faveur d’ un candidat, mais à son insu).

Gruzija

According to the Articles 34. 2.”f”, 125.1-2 of Georgian Elections Code, gross and major violations of Georgian electoral law and considerable amount of invalidated ballot papers can lead to cancellation of electoral results. Not only the candidates’ activities (contraventions to the law) lead to cancellation but also contravention to campaign rules by media or other in favor of any candidate can lead to cancellation of electoral results, because according to the Article 77¹ para. 15-16, an appeal may be lodged in case of the contraventions of the law related to campaign rules by media. The knowledge of a candidate of any contravention to the law in his/her favor is an indifferent matter.
Any person who violates the law by his/her activities (contraventions to the law) shall bear responsibility determined by the law, as stipulated in the Article 8² paragraph 3 of Georgian Elections Code. According to the Article 105 paragraphs 12. 12¹ of Georgian Elections Code, gross and major violations of electoral law by any offender can lead to cancellation of electoral results. The election results in the election district shall be deemed invalid if voting results are deemed invalid in more than half of the election precincts or in some precincts, where the total number of voters is more than half of the total number of voters in the election district or where the total number of voters is more than half of the total number of Georgian population. In these cases, the CEC shall appoint by-elections or the CEC shall schedule rerun elections.

Horvātija

The State Electoral Commission and the Constitutional Court of the Republic of Croatia are only competent to decide on contraventions of the electoral laws, no matter whether they were committed by the candidates or political parties. During the campaign the State Electoral Commission has no powers other than to proclaim that certain activities were contrary to a fair electoral campaign. All other disputes are under the jurisdiction of the courts. The State Electoral Commission and the Constitutional Court of the Republic of Croatia have no real sanctions for the contravention of the electoral or other laws except to cancel electoral activities in the cases of irregularities that essentially influenced, or could have influenced, the election results. In this case, as has been said before, they may cancel the electoral activities and determine that these activities shall be repeated within the term that makes it possible for the elections to be held on the day they were called.

Koreja

Sometimes the activities of others may lead to cancellation of the election. Especially the POEA focuses on commitment of election expense-related crime by election campaign manager or family of the candidate. Articles 263 and 265 of the POEA provides as follows:
Article 263(1). When any election campaign manager or accountant in charge of the election campaign office is sentenced to imprisonment or a fine exceeding three million won on account of an excessive disbursement of 1/200 or more of the restricted amount of election expenses publicly announced as provided in Article 122, the election of the candidate concerned shall become invalidated.
Article 265. If an election campaign manager, accountant in charge of an election campaign office, or lineal ascendant or descendant or spouse of the candidate has committed a crime of corrupt practice and inducement by interest toward voters or candidates, or a crime of illegal giving or receiving of the political funds, and is sentenced to imprisonment or a fine exceeding three million won, the election of the candidate concerned (excluding the candidate for the presidency, the proportional representative National Assembly member and the proportional representative local council member) shall become invalidated.

Igaunija

Either’s actions can serve as grounds for cancellation, provided that the unlawful acts significantly affected or could have affected the voting results.
For example, the Supreme Court has deemed necessary for the NEC to investigate, whether a private company’s advertisement of a food product by a symbol which was very similar to a logo one of the political parties (a green letter “K”) falls into a concept of a forbidden political outdoor advertisement, i.e. whether the way of advertising of this product can be unambiguously connected with the candidates of this party. Thereafter the NEC established that the electoral results depend on several factors in conjunction and that the experts and sociological studies could not draw a direct link between the abovementioned advertisement and the electoral results. As a final instance, the Supreme Court also confirmed that there was no reliable evidence that exactly this advertisement influenced the preferences of the electorate. Therefore, as there was no sufficient evidence that due to the breach of the voting rules the electoral results significantly differed or could have differed, the voting results were not invalidated.

Kipra

A candidate is not liable, nor is his election to be avoided, for any illegal practice committed without his consent or connivance by an agent other than by his election agent. If a candidate had aided and abetted the television authorities in presenting himself and his views and the extent and nature of his backing to the electors, with a view to promoting or procuring his election,in contravention of the law, he commits an offence. However where neither he nor his agent, gave any authority to any of the aforesaid broadcasts. accordingly no offence against them lies

Krievija

Selon le sens de la Loi fédérale « Sur les garanties essentielles… » (articles 77.2 et 77.3), à l’annulation des résultats des élections peuvent conduire les violations commises par un candidat ou par une association électorale qui a présenté la liste de candidats admise à la distribution des mandats de député, ainsi que les violations commises par d’autres participants de la campagne électorale. Dans ce dernier cas, la Loi fédérale ne spécifie pas, comment les activités des candidats ou de leurs mandataires (ou des personnes non mandataires) doivent ou peuvent être interdépendantes.
La Loi en question fait noter spécialement que les violations de la présente Loi fédérale, lesquelles avaient eu contribué à l’élection ou qui avaient eu pour but d’inciter les électeurs à voter pour un candidat qui n’a pas été élu par le vote ou pour les listes de candidats qui n'ont pas pris part à la distribution des mandats de député, ne peuvent pas servir de fondement pour l’annulation de la décision sur les résultats des élections ou pour la déclaration des résultats du vote et des élections en général comme nuls (article 77.5).

Lielbritānija

The acts of agents or employees of the candidate can lead to an election result being declared void: see section 158(2) and 159(1) of the 1983 Act.

Lietuva

The declaration of the election results in the constituency as invalid may be determined not only by the actions of the candidate himself, but also by the actions of other persons, regardless of the status of this person.

Lihtenšteina

La loi parle de « violation » en général ; non seulement de la part des candidats.

Luksemburga

Nav pietiekami precīzi likumu teksti, lai uz šo jautājumu atbildētu

Maķedonija

The State Election Commission is only competent to decide on contraventions of the Electoral Code, no matter whether they were committed by the candidates or political parties.
During the campaign the SEC has no power other than to proclaim that certain activities were contrary to a fair electoral campaign. All other disputes are under the jurisdiction of the courts. The SEC have no real sanctions for the contravention of the Electoral Code except to cancel electoral activities in the cases of irregularities that essentially influenced in the final election results.

Malta

The answer to this question depends on what type of nullity of election you are dealing with. If it is a voiding of an election under the constitutional provisions then you would have to take into account the whole picture and gauge its effect on the electoral process and not limit yourself specifically to the activities of the candidate. Where on the other hand the election is questioned under the provisions of the electoral polling ordinance the contravention must relate to the candidate or his election agent.

Nīderlande

When assessing whether there are reasons to cancel election results, not only the candidates' activities but also activities of others must be taken into account

Portugāle

La violation des normes, par exemple sur la propagande, la neutralité et l’impartialité, ainsi que sur le traitement par les media n’ont pas le potentiel pour servir de fondement à la nullité de la votation, si l’on prend en considération le texte de la loi qui règle cette matière.

Rumānija

La loi ne le précise pas, mais nous pensons que seulement les activités des candidats et des partis politiques qui les soutiennent sont prises en considération.

Serbija

The Law on election of deputies prescribes that from the day of calling an election the radio and TV broadcasting organizations founded by the Republic of Serbia are under obligation to allocate air-time within their political-information programmes which can be heard and seen throughout the territory of the Republic of Serbia, for the introduction of the submitters of electoral lists and candidates, as well as for the presentation and explanation of their electoral programmess in accordance with the provisions of that Law.
The above Law further states that such organizations must not, under any circumstances, enable the introduction of candidates, and presentation and explanation of programmes of submitters of electoral lists in the commercial, entertainment or any other program (Article 49 paragraph 1).
However, the same Law does not prescribe any sanction in the form of cancelling electoral results due to the violation of obligations set out in Article 49 of the above–mentioned law.

Slovākija

Depending on the relevant legal case, even the Activities of other people, apart from the candidate, may among other reasons lead to the cancellation of the elections results. As mentioned in the point 2 of this letter, the Constitutional Court takes into consideration the intensity and repeating of the infringement of the law.

Somija

If the competent court establishes that the decision or measure of an electoral authority has been unlawful and this may obviously have affected the electoral result and the result cannot be corrected, it orders a new election be held.

Ungārija

Both are possible. Electoral committees and courts focus on the violation of laws and on the question whether it influenced the result of the voting.
On these conditions they cancel the result of the elections regardless whether the candidate was responsible for the infringement.

Vācija

The Federal Constitutional Court has ruled that influential behaviour can only lead to an electoral error if the decision-making process for an upcoming election has been influenced considerably by the government or (by means of compulsion or pressure) by political parties, candidates or others and if there was no chance to avert, or compensate for, the influential behaviour. Minor infringements of the principle of free suffrage and the principle of equal opportunities in elections by political parties, candidates or others cannot be considered electoral errors even if this behaviour might be considered unfair or is a violation of the law.
However, the Federal Constitutional Court has never declared an election fully or partially null and void because of influential behaviour on the part of the government, the media or others. The public and the private broadcasting corporations and the media generally enjoy the constitutionally protected freedom of the press (Art. 5 subsection 1 sentence 2 of the Basic Law).
It does not make a difference whether the candidate has knowledge of these activities or if he or she approves or disapproves of them.

Zviedrija

Also activities of other persons than candidates, with or without the knowledge of a candidate, can lead to cancellation

Svarīgi tiesu procesi par priekšvēlēšanu aģitācijas jautājumiem

Bonija

In Case No. AP-952/05, the Constitutional Court of Bosnia and Herzegovina decided on an appeal against the ruling imposing a fine by the Court of BiH and Election Council for violation of the rules of conduct during the election campaign because billboards with images of a person accused of the criminal act of war crime were displayed.

Čehija

The cases which resulted in the cancellation of electoral results were generally based on two separate reasons for that cancellation. The cancellation was either due to errors in the voting procedures (e. g. wrongful calculation of election results or fundamental errors in the organisation of elections)*), or due to the breach of the pre-election campaign rules (e. g. dishonest and unfair campaign or abusing the media owned by the state or by the self-governing units in campaign)**). See judgment of the Supreme Administrative Court of 3 December 2004, case no. Vol 10/2004 (this judgment was finally revoked by the Constitutional Court).

Francija

En dehors de l’élection présidentielle, chaque élection générale donne lieu à l’annulation de quelques circonscriptions (4 à 5 en moyenne pour les 577 circonscriptions législatives). Les motifs sont extrêmement variés. Les principales têtes de chapitre sont :
- irrégularités dans l’établissement de la liste des électeurs ;
- inéligibilité découverte a posterio du candidat élu (ou de son suppléant) ;
- violation par lui des règles de financement en matière de campagne ;
- irrégularités substantielles dans le déroulement de sa campagne ;
- irrégularités dans le déroulement des opérations de vote ;
- fraude ou falsification des résultats.
Il appartient dans chaque cas au juge de l’élection d’apprécier si l’irrégularité est établie et si en ce cas elle est suffisante pour avoir altéré la sincérité du résultat. En règle générale, le juge procède par la méthode dite de déduction hypothétique, qui peut se résumer ainsi :
- je constate que l’irrégularité peut concerner X voix ;
- si l’écart entre le candidat élu et le candidat battu est supérieur à ces X voix, je valide l’élection (l’irrégularité existe mais elle n’est pas suffisante pour avoir modifié le résultat) ;
- si l’écart est inférieur à ces X voix, j’annule car il y a doute sur le résultat réel.

Igaunija

For example, the Supreme Court has deemed necessary for the NEC to investigate, whether a private company’s advertisement of a food product by a symbol which was very similar to a logo one of the political parties (a green letter “K”) falls into a concept of a forbidden political outdoor advertisement, i.e. whether the way of advertising of this product can be unambiguously connected with the candidates of this party. Thereafter the NEC established that the electoral results depend on several factors in conjunction and that the experts and sociological studies could not draw a direct link between the abovementioned advertisement and the electoral results. As a final instance, the Supreme Court also confirmed that there was no reliable evidence that exactly this advertisement influenced the preferences of the electorate. Therefore, as there was no sufficient evidence that due to the breach of the voting rules the electoral results significantly differed or could have differed, the voting results were not invalidated.

Analīze par Grieķiju

In a recent judgment, the Court had to interpret a provision of the Electoral Act whereby it is forbidden to engage in election campaigning or issue election messages on the eve or day of the election. The Court held that the messages prohibited are those issued publicly to a broad public and an indeterminate number of people. Text messages sent by mobile phone are therefore not prohibited messages: they are private messages addressed to a finite, albeit possibly large, number of people and therefore constitute a means of personalised communication (judgment 23/2008).

Analīze par Grieķiju

According to the case law, reference to exit polls on certain television channels before the end of the ballot, although reprehensible and subject to criminal and administrative penalties, cannot influence the expression of the will of the voters sufficiently to warrant annulment of the elections (judgment 66/1997).

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