Election Judgments - IFES

Election Judgments - IFES

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30 shown of 133 entities

Gandhi v. Narain

Document contents
‘‘Sovereign Democratic Republic’’. The expression ‘‘this Constitution’’ in the preamble has a basic structure comprising the three organs of the Republic: the Executive,
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Question Presented
Whether legislative acts passed during the appeals process may be retroactively applied to validate an election currently in the courts.
Legal Issue(s)
  • Disputing Results
  • Judicial Independence
Country
India
Language of Decision
  • English
Date of decision
Jul 11, 1975
Judgment
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In Re Case No. 9768, 9780 & 9828

Document contents
the claimant filed a complaint alleging forgery with the Attorney General of the Republic (Procuraduría General de la República) on August 26, 1985, without any apparent result
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Question Presented
Whether the elections violated the citizen’s political rights even though the domestic options were exhausted.
Legal Issue(s)
  • Electoral Integrity
  • EMB Independence
  • EMB Operation
Country
Mexico
Language of Decision
  • English
Date of decision
May 17, 1990
Judgment
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Domingo v. Commission on Elections

Document contents
On 10 February 2007, Republic Act No. 9369[33] took effect. Section 13 of Republic Act No. 9369 amended Section 11 of Republic Act No. 8436 and renumbered
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Question Presented
Whether there was sufficient evidence to conclude that the incumbent mayor prodded potential Board of Election Inspectors for the City?
Legal Issue(s)
  • Civil Procedure
  • Electoral Integrity
  • EMB Independence
  • EMB Operation
Country
Phillippines
Language of Decision
  • English
Date of decision
Dec 1, 1998
Judgment
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10- Perera v. Senarathe

Document contents
been replaced by the Republic of Sri Lanka and therefore the 1st respondent by holding the contracts referred to above with the Republic of Sri Lanka has
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Question Presented
The petitioner, an MP, complained that the respondent, also an MP, has illegally entered into contracts with government institutions and seeks a declaration that the respondent's appointment is void.
Legal Issue(s)
  • Abuse of State Resources (ASR)
Country
Sri Lanka
Language of Decision
  • English
Date of decision
Dec 10, 1999
Judgment
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Bush v. Gore

Document contents
” D. Loth, Chief Justice John Marshall and The Growth of the American Republic 365 (1948). But we do risk a self-inflicted wound—a wound that may harm
Question Presented
Did the Florida Supreme Court violate Article II Section 1 Clause 2 of the U.S. Constitution by making new election law? Do standardless manual recounts violate the Equal Protection and Due Process Clauses of the Constitution?
Legal Issue(s)
  • Disputing Results
  • Vote Verification and Transmission
Country
United States of America
Language of Decision
  • English
Date of decision
Dec 12, 2000
Judgment
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Inkatha Freedom Party v. Independent Electoral Commission

Document contents
of section 1(d) of the Constitution one of the founding values of our Republic is universal adult suffrage. After all the objects of the commission are
Question Presented
Whether alleged electoral illegalities were sufficient to require an investigation into the election results.
Legal Issue(s)
  • Civil Procedure
  • Electoral Integrity
Country
South Africa
Language of Decision
  • English
Date of decision
Jul 14, 2001
Judgment
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Impeachment of Roh Moo-hyun

Document contents
Judiciary Committee of the National Assembly of the Republic of Korea, on behalf of the National Assembly of the Republic of Korea Counsel of Record: Kang Jae-sup and 66
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Question Presented
Whether the violations of the electoral code and the Constitution are sufficient to remove the President from office.
Legal Issue(s)
  • Campaign Finance
  • Disputing Results
  • Electoral Integrity
Country
South Korea
Language of Decision
  • English
Date of decision
May 14, 2004
Judgment
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Presidential Petition on Local Government Council Election Act Amendment

Document contents
which the President of the Republic had refused to promulgate, with amendments. Proceeding from the petition of the President of the Republic the Riigikogu decided to amend
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Question Presented
Is the Local Government Council Election Act Amendment unconstitutional?
Legal Issue(s)
  • Electronic Voting
Country
Estonia
Language of Decision
  • English
Date of decision
Sep 1, 2005
Judgment
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Electoral Commission of Uganda v. Bakireke

Document contents
THE REPUBLIC OF UGANDA IN THE COURT OF APPEAL OF UGANDA AT KAMPALA CORAM: HON. JUSTICE S.G. ENGWAU, JA HON. JUSTICE C.K. BYAMUGISHA, JA HON. JUSTICE S.B.K. KAVUMA,
Question Presented
Was the election conducted legally? Did non-compliance substantially affect the results? Did the winning candidate commit electoral offenses? Did the trial judge err in annulling the elections at the trial level?
Legal Issue(s)
  • Disputing Results
  • Electoral Violence and Intimidation
Country
Uganda
Language of Decision
  • English
Date of decision
Jan 19, 2007
Judgment
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Resolução nº 22.610, de 25 de outubro de 2007

Document contents
CAPUTO BASTOS – Ministro MARCELO RIBEIRO __________ Publicada no DJ de 30.10.2007 e republicada no DJ de 27.3.2008. Tags #Código Eleitoral #Legislação eleitoral #Publicação eletrônica
Question Presented
Whether elected officials crossing party lines after ascertaining political office violates Brazil's electoral code?
Legal Issue(s)
  • Candidate Registration
  • Party Registration
Country
Brazil
Language of Decision
  • Portuguese
Date of decision
Oct 25, 2007
Judgment
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EVMs in 2005 German Elections

Document contents
German Bundestag and of the Members of the European Parliament from the Federal Republic of Germany (Federal Voting Machine Ordinance (Bundeswahlgeräteverordnung – BWahlGV)) of 3
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Question Presented
Was the use of EVMs in the elections erroneous and unconstitutional enough to annul the elections?
Legal Issue(s)
  • Electronic Voting
Country
Germany
Language of Decision
  • English
Date of decision
Mar 3, 2009
Judgment
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Citizens United v. Federal Election Commission

Document contents
officials accountable to the people. See Buckley, supra, at 14–15 (“In a republic where the people are sovereign, the ability of the citizenry to make informed
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Question Presented
1) Did the Supreme Court's decision in McConnell resolve all constitutional as-applied challenges to the BCRA when it upheld the disclosure requirements of the statute as constitutional? 2) Do the BCRA's disclosure requirements impose an unconstitutional burden when applied to electioneering requirements because they are protected "political speech" and not subject to regulation as "campaign speech"? 3) If a communication lacks a clear plea to vote for or against a particular candidate, is it subject to regulation under the BCRA? 4) Should a feature length documentary about a candidate for political office be treated like the advertisements at issue in McConnell and therefore be subject to regulation under the BCRA?
Legal Issue(s)
  • Campaign Finance
  • Electoral Integrity
Country
United States of America
Language of Decision
  • English
Date of decision
Jan 21, 2010
Judgment
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Quinn Leandro v. Jonas

Document contents
of the Election Rules. New National Party of South Africa v Government of the Republic of South Africa. (1995) 5 BCLR 489,mentioned. 4. Notwithstanding that late voting was
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Legal Issue(s)
  • Disputing Results
  • Electoral Administration Irregularities
  • Electoral Integrity
Country
Antigua and Barbuda
Language of Decision
  • English
Date of decision
Oct 27, 2010
Judgment
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Raatsin for the Declaration of Invalidity of the Voting Results of the Riigikogu Elections of 2011

Document contents
The Republic of Estonia as a Contracting State must also take that judgment into account. About his right to appeal T. Raatsin noted that since in the Republic of
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Legal Issue(s)
  • Elections as a Fundamental Right
  • Electronic Voting
Country
Estonia
Language of Decision
  • English
Date of decision
Mar 23, 2011
Judgment
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Mwiru v. Samson

Document contents
THE REPUBLIC OF UGANDA IN THE COURT OF APPEAL OF UGANDA AT KAMPALA CORAM: BYAMUGISHA, NSHIMYE&ARACH-AMOKO, JJA ELECTION PETITION APPEAL NO.6/11 BETWEEN 10 PAUL MWIRU::::::::::::::
Question Presented
Whether the respondent’s education failed to meet the requirements for candidacy. If so, whether the respondent’s election as a Member of Parliament should be annulled.
Legal Issue(s)
  • Disputing Results
  • Electoral Integrity
Country
Uganda
Language of Decision
  • English
Date of decision
Jun 28, 2011
Judgment
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Opendi v. Electoral Commission

Document contents
5 THE REPUBLIC OF UGANDA IN THE COURT OF APPEAL OF UGANDA AT KAMPALA 10 ELECTION PETITION APPEAL N0. 39 OF 2011 (Arising from Election Petition No. 28 of
Question Presented
Whether the invalidation of seventeen polling station results is sufficient grounds to annul the election results.
Legal Issue(s)
  • Disputing Results
  • Vote Form Irregularities
Country
Uganda
Language of Decision
  • English
Date of decision
Sep 23, 2011
Judgment
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59 Members of Parliament of Ukraine on the constitutionality of the provisions of Art.22.2 of the Parliamentary Elections Law of Ukraine concerning the equal allocation of foreign polling stations to all single-member constituencies

Document contents
on permanent basis; single-seat electoral districts shall be formed in the Autonomous Republic of Crimea, oblasts, the cities of Kyiv and Sevastopol with approximately equal number
Legal Issue(s)
  • Electoral Maps and Districting
  • EMB Operation
Country
Ukraine
Language of Decision
  • English
Date of decision
Apr 4, 2012
Judgment
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Mustafa v. Chairman of the Supreme Council of the Armed Forces

Document contents
ten years prior to 11/2/2011 as the President of the Republic, or Vice President of the Republic, or Prime Minister or…” for a period of ten years
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Question Presented
Whether closed party lists and a first past the post system discriminates against independent candidates?
Legal Issue(s)
  • Candidate Registration
  • Electoral Integrity
  • Voting Systems (Winner-take-all, proportional, etc.)
Country
Egypt
Language of Decision
  • English
Date of decision
Jun 14, 2012
Judgment
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Shura Council Speaker's request for constitutional review of the drafted law.

Document contents
of Allah, the Most Merciful, the Most Compassionate The Arab Republic of Egypt The Presidency of the Republic Official Gazette Price: EGP 3 Issue No. 7 (bis) Issued
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Question Presented
Whether the proposed provisions are constitutional.
Legal Issue(s)
  • Electoral Maps and Districting
  • Vote Form Irregularities
Country
Egypt
Language of Decision
  • English
Date of decision
Feb 13, 2013
Judgment
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Shura Council Speaker request for constitutional review of the draft law regulating the exercise of political rights.

Document contents
of Allah, the Most Merciful, the Most Compassionate The Arab Republic of Egypt The Presidency of the Republic Official Gazette Price: EGP 3 Issue No. 21 bis (a) Issued
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Question Presented
Whether the draft law adheres to the current constitutional political protections.
Legal Issue(s)
  • Accessibility
  • Vote Verification and Transmission
Country
Egypt
Language of Decision
  • English
Date of decision
May 26, 2013
Judgment
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Mohamed v. Chairman of High Elections Commission

Document contents
In the Name of Allah, the Most Merciful, the Most Compassionate The Arab Republic of Egypt The Egyptian Presidency Official Journal Price: EGP 3.0 Issue # 22 (Ibid)
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Question Presented
Whether the elections of the Shura Council, Upper House, exceed the bodies authority and whether and actions taken by the body are consequently unconstitutional.
Legal Issue(s)
  • Candidate Registration
  • Electoral Integrity
  • Judicial Independence
Country
Egypt
Language of Decision
  • English
Date of decision
Jun 3, 2013
Judgment
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Odhiambo Oduol v. Independent Electoral & Boundaries Commission

Summary
Here, the Court relied on its opinion in Republic v.
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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
Judgment
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Chester v. Secretary of State for Justice

Document contents
C-6/90 Francovich v Italian Republic [1992] IRLR 84 and Joined Cases C-46/93 and C-48/93 Brasserie du Pecheur SA v Federal Republic of Germany and R v
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Legal Issue(s)
  • Judicial Independence
  • Voter Registration
Country
United Kingdom
Language of Decision
  • English
Date of decision
Oct 16, 2013
Judgment
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Abdel-Razeq v. Ahmed

Document contents
of Allah, the Most Merciful, the Most Compassionate The Arab Republic of Egypt The Presidency of the Republic _____ Official Gazette Price: EGP 3 Issue No. 9 (Bis)
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Question Presented
Where the constituency representation scheme violates the reasonableness standard.
Legal Issue(s)
  • Electoral Integrity
  • Electoral Maps and Districting
Country
Egypt
Language of Decision
  • English
Date of decision
Mar 15, 2015
Judgment
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Kham v. Electoral Commission

Document contents
Constitution. 24 New National Party of South Africa v Government of the Republic of South Africa and Others [1999] ZACC 5; 1999 (3) SA 191 (CC); 1999
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Question Presented
Should elections be annulled when the IEC did not provide timely access to voter rolls to the petitioners before elections?
Legal Issue(s)
  • Disputing Results
  • Electoral Integrity
  • Voter Registration
Country
South Africa
Language of Decision
  • English
Date of decision
Nov 1, 2015
Judgment
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Jupica vs Nec

Document contents
of Liberia, bordering the neighboring Republic of Guinea. There had been an earlier report of an outbreak of the disease in the Republic of Guinea. Efforts to contain the
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Question Presented
Whether the postponement of the Liberian elections to a date when the Ebola threat was still ongoing was unconstitutional?
Legal Issue(s)
  • Electoral Administration Irregularities
  • EMB Independence
  • Health Concerns & Election Administration
Country
Liberia
Language of Decision
  • English
Date of decision
Jan 13, 2016
Judgment
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Majumdar v. Information Commission

Document contents
MATTER OF: An application under Article 102 (2) of the Constitution of the People’s Republic of Bangladesh AND IN THE MATTER OF Badiul Alam Majumdar and others --------Petitioners
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Question Presented
Must the Election Commission provide information on parties' financial disclosures without obtaining their consent?
Legal Issue(s)
  • Campaign Finance
  • EMB Independence
Country
Bangladesh
Language of Decision
  • English
Date of decision
Feb 18, 2016
Judgment
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APDH v. Cote d'Ivoire

Alleged Acts
The plaintiff alleges that allowance of the a person representative of the President of the Republic
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Question Presented
Whether the composition of the IEC is in conformity with the Constitution.
Legal Issue(s)
  • EMB Independence
  • EMB Operation
Country
Ivory Coast
Language of Decision
  • English
  • French
Date of decision
Nov 18, 2016
Judgment
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Ochieng' v. Orange Democratic Movement

Document contents
Maxwel Ochieng’ & another v Orange Democratic Movement [2017] eKLR REPUBLIC OF KENYA POLITICAL PARTIES DISPUTES TRIBUNAL COMPLAINT NO. 191 OF 2017 CONSOLIDATED WITH COMPLAINT
Question Presented
Was the respondent's nomination free, fair, and credible? Should the election be annulled when the respondents locked themselves in a room with the ballot boxes and papers, preventing the petitioner from entering?
Legal Issue(s)
  • Disputing Results
  • Electoral Integrity
  • Vote Form Irregularities
Country
Kenya
Language of Decision
  • English
Date of decision
May 14, 2017
Judgment
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Review of the Constitutionality of Section Five of the Riigikogu Election Act

Document contents
3-4-1-3-17 SUPREME COURT CONSTITUTIONAL REVIEW CHAMBER JUDGMENT in the name of the Republic of Estonia Case number 3-4-1-3-17 Date of judgment 18 May 2017 Composition of
Legal Issue(s)
  • Campaign Finance
Country
Estonia
Language of Decision
  • English
Date of decision
May 18, 2017
Judgment
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