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2018Hun-Ma551
- Question Presented
- Whether prohibiting elementary and secondary schoolteachers from establishing and joining political parties unreasonably infringes on their right to freedom of association. Whether the ban on elementary and secondary schoolteachers creating or being members of “other political organizations” as stated in Article 65(1) of the State Public Officials Act is clear and meets the balancing test set up by the court to justify a restriction on political rights.
- Legal Issue(s)
- Freedom of association and assembly
- Voters' Rights
- Country
- South Korea
- Language of Decision
- English
- Date of decision
- Apr 23, 2020
- Date added
- Nov 1, 2024
Judgment
Electoral Justice for All: A Practitioner's Guide to Increasing Women's Access to Electoral Justice
- Preview
- Legal Issue and/or Topic
- Election Accessibility
- Electoral Inclusion
- Electoral Inclusion
- Language
- English
- Date added
- Oct 1, 2024
Resources
Staatkundig Gereformeerde Partij v. the Netherlands
- Question Presented
- Whether religiously affiliated parties can exclude women from running as candidates on the grounds that forcing the party to host women candidates violates its freedom of religious expression, as it believes women are unsuited for public office?
- Legal Issue(s)
- Gender
- Country
- Netherlands
- Language of Decision
- English
- Date of decision
- Jul 10, 2012
- Date added
- Aug 9, 2024
Judgment
Kitute v. Independent Electoral and Boundaries Commission
- Question Presented
- Is electronic evidence submitted in support of allegations of election fraud subject to the Evidence Act, which requires authentication or certification by an appropriate authority or expert?
- Legal Issue(s)
- Civil Procedure
- Disputing Results
- Electoral Administration Irregularities
- Electoral Integrity
- Electronic Voting
- Country
- Kenya
- Language of Decision
- English
- Date of decision
- Nov 6, 2017
- Date added
- Aug 9, 2024
Judgment
Odinga, et. al v. Ruto
- Question Presented
- Whether petitioners’ evidence of interference and election fraud satisfied the appropriate level of evidence as required by the Court and affected the election result, warranting the cancellation and rerun of the election?
- Legal Issue(s)
- Civil Procedure
- Disputing Results
- Electoral Administration Irregularities
- Electoral Integrity
- Electronic Voting
- EMB Operation
- Country
- Kenya
- Language of Decision
- English
- Date of decision
- Sep 5, 2022
- Date added
- Aug 9, 2024
Judgment
Alexander v. South Carolina State Conference of the NAACP
- Question Presented
- Whether the South Carolina legislature “subordinated” race-neutral districting criteria to draw a Congressional district map in the state and overtly relied on racial considerations.
- Legal Issue(s)
- Electoral Maps and Districting
- Country
- United States of America
- Language of Decision
- English
- Date of decision
- May 23, 2024
- Date added
- Aug 9, 2024
Judgment
Nmalamuwomu v. Shadrack
- Question Presented
- Whether the filing deadline for an election petition alleging vote buying made up to and on polling day runs for 21 days after the alleged payment,, or 21 days after the election result is released in the Official Gazette?.
- Legal Issue(s)
- Deadline(s)
- Disputing Results
- Electoral Integrity
- Country
- Vanuatu
- Date of decision
- Jun 24, 2020
- Date added
- Jan 31, 2024
Judgment
Barthelemy v. President of the Republic of Vanuatu
- Question Presented
- (1) Was the Council of Minister’s advice to the President to dissolve Parliament while there was a pending motion of no confidence by members of parliament a violation of the Constitution? (2) If so, was the dissolution of parliament by President void? (3) Does the Supreme Court have jurisdiction to hear constitutional writ petitions relating to the dissolution of parliament?
- Legal Issue(s)
- Conflict of Interests
- Improper Practices
- Country
- Vanuatu
- Date of decision
- Sep 9, 2022
- Date added
- Jan 31, 2024
Judgment
Wale v. Attorney-General
- Question Presented
- (1) Whether an unregistered party is considered a “non-contesting party” and is thus prohibited from forming a coalition with registered parties or independent groups in Parliament. (2) Whether the party registration requirement under the Political Party law to prove a certain number of registered voters support the formation of a party interferes with the voluntary nature of political parties and is a violation of the constitutional rights to freedom of association and assembly?
- Legal Issue(s)
- Freedom of association and assembly
- Party Registration
- Voters' Rights
- Country
- Solomon Islands
- Date of decision
- Nov 14, 2014
- Date added
- Jan 31, 2024
Judgment
Samuel v. Chief Electoral Officer et al.
- Question Presented
- (1) Whether Chief Electoral Officer (“CEO”) erred in rejecting a candidate’s request for a re-count due to a close mayoral race with 3,25% of vote difference and alleged violations? (2) Whether the refusal to add a name of a voter to the voter registry beyond the deadline for voter registration can be raised as a class action to protect the rights of voters?
- Legal Issue(s)
- Disputing Results
- EMB Operation
- Country
- Marshall Islands
- Language of Decision
- English
- Date of decision
- Aug 31, 2018
- Date added
- Jan 24, 2024
Judgment
Lessons on the Use of Technology in Elections
- Preview
- Legal Issue and/or Topic
- Election Dispute Resolution
- Legal Frameworks
- Regional Jurisprudence
- Language
- English
- Date added
- Nov 8, 2023
Resources
Lessons on Disinformation and Election Disputes
- Preview
- Legal Issue and/or Topic
- Election Dispute Resolution
- Judicial Independence
- Legal Frameworks
- Language
- English
- Date added
- Nov 7, 2023
Resources
Alternative Dispute Resolution in Elections: Practitioner Brief
- Preview
- Legal Issue and/or Topic
- Election Dispute Resolution
- Language
- English
- Date added
- May 5, 2023
Resources
Madhav Prasad Paudel and others vs Office of the PM, Local development Ministry, Election Commission Nepal et. al
- Question Presented
- Whether the failure to hold local elections due to the absence of the required legal framework violates the right to periodic elections during the interim constitutional period. Whether the conduct of local government affairs by non-elected government employees violates the Local Self Government Act.
- Legal Issue(s)
- Election Date
- Electoral Integrity
- Country
- Nepal
- Language of Decision
- Nepali
- Date of decision
- Nov 7, 2012
- Date added
- Jan 13, 2023
Judgment
Chaturman Beda vs Election Special Court and others
- Question Presented
- Whether the ineligibility of a winning candidate due to his age should result in declaring the runner-up candidate as the winner of the election or invalidating the entire election result.
- Legal Issue(s)
- Candidate Registration
- Disputing Results
- Electoral Integrity
- Country
- Nepal
- Language of Decision
- Nepali
- Date of decision
- Feb 14, 1990
- Date added
- Jan 13, 2023
Judgment
Advocate Prem Chandra Rai vs Government of Nepal
- Question Presented
- Whether Nepali citizens residing abroad should be given the opportunity to vote from the country in which they currently reside. Whether restricted voting rights on Nepali citizens living abroad violates the constitutional right to vote.
- Legal Issue(s)
- Accessibility
- Elections as a Fundamental Right
- Out of Country Voting
- Country
- Nepal
- Language of Decision
- Nepali
- Date of decision
- Mar 21, 2018
- Date added
- Jan 13, 2023
Judgment
City for All List, et. al v. Palestinian Central Election Commission, et. al
- Question Presented
- Whether the error in registration on the voter list of one candidate from an independent candidate list should result in rejecting the application of all the candidates on the list, and thus the entire list, from running for election.
- Legal Issue(s)
- Candidate Eligibility
- Candidate Registration
- Country
- Palestine
- Language of Decision
- Arabic
- Date of decision
- Apr 23, 2017
- Date added
- Jan 4, 2023
Judgment
Palmer v. Australian Electoral Commission (AEC)
- Question Presented
- Whether the practice of disclosing the indicative two-candidate preferred count (“Indicative TCP”) prior to the closing of all polling sites in the country by the Australian Election Commission (AEC) influenced the voters’ choice and undermined the impartiality or perception of impartiality of the Commission, therefore violating the election law and the Constitution.
- Legal Issue(s)
- Electoral Administration Irregularities
- EMB Operation
- Country
- Australia
- Language of Decision
- English
- Date of decision
- Aug 14, 2019
- Date added
- Oct 14, 2022
Judgment
Monroy Hernandez v. Molano Granados
- Question Presented
- Whether the election of a municipal elected official should be nullified and/or her candidacy deemed ineligible on charges of nepotism due to her father holding a government position, which exercised administrative authority, within twelve months of her election even if there is no proof that he used or abused his position to further her candidacy.
- Legal Issue(s)
- Abuse of State Resources (ASR)
- Disputing Results
- Electoral Integrity
- Country
- Colombia
- Language of Decision
- Spanish
- Date of decision
- Mar 12, 2020
- Date added
- Oct 14, 2022
Judgment
Bench Book on Electoral Dispute Resolution
- Preview
- Legal Issue and/or Topic
- Election Dispute Resolution
- Judicial Independence
- Legal Frameworks
- Regional Jurisprudence
- Language
- English
- Date added
- Oct 12, 2022
Resources
Decision 207183
- Question Presented
- Whether the Sabac City Assembly was the proper authority to hear a challenge about the conduct of a referendum.
- Legal Issue(s)
- Civil Procedure
- Electoral Administration Irregularities
- Country
- Serbia
- Language of Decision
- Serbian
- Date of decision
- Feb 3, 2022
- Date added
- Sep 19, 2022
Judgment
Decision No. 1 (1995)
- Question Presented
- Whether a law that permits the Prime Minister to exercise his discretionary power to transfer or declare a vacancy for the position of the President of the Supreme Court of char’i jaafarite contradicts the principle of “separation of powers” and should be repealed.
- Legal Issue(s)
- Civil Procedure
- Country
- Lebanon
- Language of Decision
- French
- Date of decision
- Nov 2, 1995
- Date added
- Sep 16, 2022
Judgment
Decision No. 207182
- Question Presented
- Whether a voter’s electoral rights are violated when the question asked in a referendum is unclear and information about the question is not readily available at the polling site.
- Legal Issue(s)
- Accessibility
- Electoral Administration Irregularities
- Vote Form Irregularities
- Country
- Serbia
- Language of Decision
- Serbian
- Date of decision
- Feb 3, 2022
- Date added
- Sep 16, 2022
Judgment
Decision 701/2020
- Question Presented
- Whether the Brosteni Constituency Electoral Bureau’s (BEC) decision to reject a former vice mayor seeking to run for the mayor and local councilor elections, based on a report by the National Integrity Agency alleging that he had conflicts of interest, was improper.
- Legal Issue(s)
- Candidate Registration
- Civil Procedure
- Country
- Romania
- Language of Decision
- Romanian
- Date of decision
- Aug 17, 2020
- Date added
- Sep 16, 2022
Judgment
Decision 378/2020
- Question Presented
- Whether the Bistrita Năsăud Electoral Bureau (BECJ BN)’s decision to reject the registration of appellant electoral alliance USR-PLUS’s list of four candidates for the 2020 parliamentary elections was incorrect even though the appellant did not properly include the candidates’ genders, as is required by law for Chamber of Deputies and Senate elections.
- Legal Issue(s)
- Candidate Registration
- Gender
- Country
- Romania
- Language of Decision
- Romanian
- Date of decision
- Oct 26, 2020
- Date added
- Sep 16, 2022
Judgment
In the Matter of Rudolph W. Giuliani
- Question Presented
- Whether the respondent violated D.C. Bar Rules X and XI, § 2(b) by filing a frivolous lawsuit seeking to overturn the 2020 election results in Pennsylvania, which requires him to be sanctioned under the D.C. Rules of Professional Conduct.
- Legal Issue(s)
- Civil Procedure
- Disputing Results
- Country
- United States of America
- Language of Decision
- English
- Date of decision
- Apr 4, 2022
- Date added
- Sep 16, 2022
Judgment
2018Hun-Ma456
- Question Presented
- Whether the Public Official Election Act’s required verification of internet users when they post election-related content online during a campaign violates freedom of expression, freedom of anonymous speech, freedom of the press and the right to informational self-determination.
- Legal Issue(s)
- Criminal Procedure
- Social Media
- Country
- South Korea
- Language of Decision
- English
- Date of decision
- Jan 28, 2021
- Date added
- Sep 14, 2022
Judgment
2017Hun-Ma813
- Question Presented
- Whether any of the following alleged acts violate citizens’ constitutional rights to vote or equality under the law: 1) denying a soldier’s request to watch presidential election interviews and debates; 2) requiring election campaign bulletins written in braille to be within the page limits for booklet-type campaign bulletins; and 3) failing to require Korean sign language or captions in all election-related broadcasts.
- Legal Issue(s)
- Accessibility
- Elections as a Fundamental Right
- Electoral Administration Irregularities
- Country
- South Korea
- Language of Decision
- English
- Date of decision
- Aug 28, 2020
- Date added
- Sep 14, 2022
Judgment
Odhiambo Oduol v. Independent Electoral & Boundaries Commission
- Question Presented
- Whether petitioner’s affidavit verifying a video recording meets the evidentiary burden outlined in Section 107 of the Evidence Act relating to electronic evidence.
- Legal Issue(s)
- Disputing Results
- Electoral Integrity
- Vote Verification and Transmission
- Country
- Kenya
- Language of Decision
- English
- Date of decision
- Jun 5, 2013
- Date added
- Sep 14, 2022
Judgment
Ledezma Acosta v. Ausecha Ordóñez and Armando Guevara Bravo
- Question Presented
- Whether a candidate’s disqualification from running in an election should affect the eligibility of all the candidates on the political party’s candidate list, since as a result of the disqualification the entire list did not meet the gender quota minimum required by law.
- Legal Issue(s)
- Candidate Registration
- Disputing Results
- Party Registration
- Quotas
- Country
- Colombia
- Language of Decision
- Spanish
- Date of decision
- Sep 17, 2020
- Date added
- Sep 13, 2022
Judgment