The cancellation of election results

Electoral law, like all other fields of law, is effective only if it provides for sanctions. The cancellation of elections results, the most serious of sanctions, is in general linked to the most serious of irregularities, especially when its effects are felt beyond a small constituency. However, small technical inaccuracies may affect election results if the difference in votes is minimal, as recent examples such as the notorious 2000 United States presidential elections have shown. This book aims to determine when electoral disputes should lead to such a consequence, based on the practice of national, constitutional and supreme courts throughout Europe, as well as on the practice of the European Court of Human Rights. This publication contains the reports presented at the Seminar on Cancellation of Election Results, organised by the Venice Commission in co-operation with the Constitutional Court of Malta and the Maltese Ministry of Justice and Home Affairs, on 14 and 15 November 2008.

Council of Europe: Venice Commission: Documens by Opinion and Study: Opinion • 507/2008 Study on the Cancellation of election results http://www.venice.coe.int/site/dynamics/N_Opinion_ef.asp?L=E&OID=507

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