Possibility to appeal

Norway

Norway

Answer
No
Source

ElectionAct (LOV 2002-06-28nr 57: Lov om valg til Stortinget, fylkesting og kommunestyrer (valgloven)),(published 2002-09-01, last amended 2013-05-24)

 

? 13-1. Klage ved stortingsvalg

(4)Stortinget er klageinstans for klager som gjelder stemmerett og retten til ?avgi stemme. Riksvalgstyret skal avgi uttalelse til Stortinget om klagesakene.Riksvalgstyret er klageinstans for ?vrige klager. Riksvalgstyret skal oversendesine vedtak i klagesakene til Stortinget.

http://www.lovdata.no/all/hl-20020628-057.html

 

 

OSCE report on 2009 parliamentaryelections in Norway, p. 21

 

“The Constitution and the Election Actmandate the newly elected Parliament to adopt a decision on the legality of theelections and the eligibility of the elected deputies. In the course ofvalidating an election, the Parliament reviews all voter rights appeals and NECappeal decisions (which may be overturned) insofar as they may affect decisionson credentials. If it is determined that an error was committed which may haveinfluenced the allocation of seats, the election is declared invalid and a newelection ordered. The law does not provide a mechanism for Parliament’sdecision to be appealed to any judicial authority. In effect, the Parliament isthe final adjudicator of all election-related appeals and the validity of theelection.”

 

http://www.osce.org/odihr/elections/norway/40529
Comment

The NECdecisions cannot be appealed. However, appeals to the NEC regarding thevalidity of the elections are automatically considered in the legislativeassembly, which has the power to reverse the decision of the NEC. It is the NECthat finally decides whether the decision is valid and, if not, which actionsto take. The decisions by the legislative assembly cannot be appealed.

It is not clearly specified in the Elections Actwhich actions are available for the NEC. The legislative assembly isresponsible for “correcting errors”, but how is not specified. It could beassumed though that recount is one way of correcting errors. If the errors inan area are not possible to correct, the results are annulled and reelectioncalled for.
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