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Barthelemy v. President of the Republic of Vanuatu

Applicable Law(s)
Constitution of the Republic of Vanuatu: Articles 53, 21, 28, 39, 40, 43, 66, 67
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
Country
Vanuatu
Date of decision
Sep 9, 2022
Date modified
Jul 22, 2026
Judgment

CH-02

Document contents
INSTANTIE: CONSTITUTIONEEL HOF van de REPUBLIEK SURINAME CONSTITUTIONAL COURT OF THE REPUBLIC OF SURINAME ZAAKNUMMER: CH-02 DATUM BESLISSING: 05 AUGUSTUS 2022 PUBLICATIEDATUM: RECHTSGEBIED:
Question Presented
Are elements of the national electoral code that define allotment of legislative seats across the country's 10 districts (based off population patterns and anticipated growth in 1987) in conflict with the Constitution, the International Covenant on Civil and Political Rights, the American Convention of Human Rights, and the Universal Declaration of Human Rights?
Legal Issue(s)
  • Electoral Maps and Districting
Country
Suriname
Language of Decision
  • Dutch
Date of decision
Aug 5, 2022
Date modified
Apr 30, 2025
Judgment

Electoral Justice for All: A Practitioner's Guide to Increasing Women's Access to Electoral Justice

Document contents
victims in these cases.” - Justice Mandisa Maya, Deputy Chief Justice of the Republic of South Africa marginalized groups, such as ethnic or religious minorities,
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Preview
Legal Issue and/or Topic
  • Election Accessibility
  • Electoral Inclusion
  • Electoral Inclusion
Language
  • English
Date modified
Oct 1, 2024
Resources

Kitute v. Independent Electoral and Boundaries Commission

Document contents
Kitute v Independent Electoral and Boundaries Commission & 2 others [2017] eKLR THE REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI ELECTION PETITION NO 1 OF
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 modified
Aug 9, 2024
Judgment

Odinga, et. al v. Ruto

Document contents
(Election Petitions) (5 September 2022) (Judgment) Neutral citation: [2022] KESC 54 (KLR) REPUBLIC OF KENYA IN THE SUPREME COURT OF KENYA ELECTION PETITIONS PRESIDENTIAL ELECTION PETITION
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 modified
Aug 9, 2024
Judgment

Samuel v. Chief Electoral Officer et al.

Document contents
1 2018 IN THE HIGH COURT OF THE REPUBLIC OF THE MARSHALL ISLANDS MUDGE SAMUEL, Appellant Samuel, V. ·) ) ) ) REPUBLIC OF THE MARSHALL ISLANDS CNIL ACTION NO
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 modified
Jan 24, 2024
Judgment

Lessons on the Use of Technology in Elections

Document contents
Investigation Guidebook (2020), p.96. https://www.ifes.org/publications/election-investigations-guidebook Kenya, Republic v. Mark Lloyd Steveson, High Court (Kiambu) Criminal Revision No. 1 of
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Preview
Legal Issue and/or Topic
  • Election Dispute Resolution
  • Legal Frameworks
  • Regional Jurisprudence
Language
  • English
Date modified
Nov 8, 2023
Resources

Alternative Dispute Resolution in Elections: Practitioner Brief

Document contents
in the Republic of Zambia - Preliminary Statement. (2016, August 13). https://www.eisa.org/pdf/zam2016eom0.pdf European Union election observation mission final report: Republic of Zambia
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Preview
Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
Date modified
May 5, 2023
Resources

Bench Book on Electoral Dispute Resolution

Document contents
RESOLUTION XXXV Republic v IEBC & Another Ex Parte CORD [2017] eKLR (HC) Republic v IEBC Ex-Parte Charles Olari Chebet [2013] eKLR (HC) Republic v IEBC &
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Preview
Legal Issue and/or Topic
  • Election Dispute Resolution
  • Judicial Independence
  • Legal Frameworks
  • Regional Jurisprudence
Language
  • English
Date modified
Oct 12, 2022
Resources

Decision 207183

Procedural history
The applicant then appealed to the Republic Election Commission, which rejected his appeal.
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 modified
Sep 19, 2022
Judgment

Decision No. 207182

Procedural history
The Republic Election Commission (REC) ruled against the complainant.
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 modified
Sep 16, 2022
Judgment

Odhiambo Oduol v. Independent Electoral & Boundaries Commission

Summary
Here, the Court relied on its opinion in Republic v.
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 modified
Sep 14, 2022
Judgment

Ramos Rojas v. Sanabria Chacón

Summary
is not valid because it “‘enshrin[es] provisions contrary to the Constitution and the laws of the Republic
Question Presented
Whether a political party’s internal rules on candidacy criteria relating to nepotism may nullify an election of one of its registered candidates if he violated the party rules but otherwise met the eligibility criteria set up in the Constitution or statutes.
Legal Issue(s)
  • Candidate Registration
Country
Colombia
Language of Decision
  • Spanish
Date of decision
Dec 3, 2020
Date modified
Sep 13, 2022
Judgment

Marube Ombeta, Kamotho Njenga v. Independent Electoral and Boundaries Commission

Document contents
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CONSTITUTIONAL AND HUMAN RIGHTS DIVISION (Coram: A. C. Mrima, J.) CONSTITUIONAL PETITION NO. E211 OF 2022 (Consolidated
Question Presented
Whether the Independent Electoral and Boundaries Commission (IEBC)’s decision to implement the two-thirds gender rule for the 2022 elections is unconstitutional. Whether the IEBC’s decision to reject the petitioner’s candidate nominations list for the National Assembly and the Senate was unconstitutional.
Legal Issue(s)
  • Candidate Registration
  • Gender
  • Quotas
Country
Kenya
Language of Decision
  • English
Date of decision
Jun 13, 2022
Date modified
Sep 13, 2022
Judgment

Election Dispute Resolution Report 2020

Document contents
(government), Slovak Republic, Switzerland. 49 Brazil, Croatia, Czech Republic, Estonia, France, Georgia, Ireland,(for political party registration/appeal board), Republic of Korea, Luxembourg
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Preview
Legal Issue and/or Topic
  • Election Dispute Resolution
  • Legal Frameworks
  • Regional Jurisprudence
Language
  • English
Date modified
Dec 23, 2021
Resources

Election Case Law Analysis Series: Lessons for Regulating Campaigning on Social Media

Document contents
electoral candidate Andrei Năstase, by Political Party "Party of Socialists of the Republic of Moldova" and by the Electoral Council of the Chisinau Municipal Electoral
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Preview
Legal Issue and/or Topic
  • Legal Frameworks
Language
  • English
Date modified
Dec 22, 2021
Resources

Election Case Law Analysis Series: Lessons on Gender Equality and Women’s Political Participation

Document contents
berliner- zeitung.de/en/germany-mulls-electoral-gender-equality-law-li.138445 20 Basic Law for the Federal Republic of Germany in the revised version published in the Federal Law Gazette Part III
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Preview
Legal Issue and/or Topic
  • Electoral Inclusion
Language
  • English
Date modified
Dec 22, 2021
Resources

Guide Electoral, Tome III Référencement jurisprudentiel 2006-2018

Description
Compendium of electoral case law from the Democratic Republic of the Congo
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Preview
Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • French
Date modified
Dec 22, 2021
Resources

Guide to Article 3 of Protocol No. 1 to the European Convention on Human Rights

Document contents
Partisi (the Welfare Party) and Others v. Turkey [GC], 2003; Linkov v. the Czech Republic, 2006; Parti nationaliste basque – Organisation régionale d’Iparralde v. France
Preview
Preview
Legal Issue and/or Topic
  • Legal Frameworks
Language
  • English
Date modified
Dec 22, 2021
Resources

King v. Whitmer

Document contents
election machines and software filed against Powell and her company, Defending the Republic, Inc.: U.S. Dominion, Inc. v. Powell, No. 1:21-cv00040 (D.D.C. filed Jan.
Question Presented
Whether to impose sanctions on the Plaintiff’s attorneys for filing frivolous litigation in violation of Rule 11 of the Federal Rules of Civil Procedure.
Legal Issue(s)
  • Frivolous Litigation
Country
United States of America
Language of Decision
  • English
Date of decision
Aug 25, 2021
Date modified
Nov 30, 2021
Judgment

Appeals declared by the Political Party "Dignity and Truth Platform" and the electoral candidate Andrei Năstase, by Political Party "Party of Socialists of the Republic of Moldova" and by the Electoral Council of the Chisinau Municipal Electoral District No. 1

Title
Platform" and the electoral candidate Andrei Năstase, by Political Party "Party of Socialists of the Republic
Question Presented
Whether the 2018 mayoral election in Chisinau were appropriately annulled due to violations of the electoral silence period on election day.
Legal Issue(s)
  • Disputing Results
  • Social Media
Country
Moldova
Language of Decision
  • Romanian
Date of decision
Jun 25, 2018
Date modified
Oct 26, 2021
Judgment

Electoral Justice: Here, Now, Tomorrow [The Case of Serbia]

Document contents
Article 3 Law on the Election of the President of the Republic, Official Gazette of the Republic of Serbia, Nos. 111/2007 and 104/2009 – Other Law. 13
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Preview
Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
  • Serbian
Date modified
Oct 25, 2021
Resources

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
Date modified
Oct 9, 2021
Judgment

The Right to Participate in the Government of One's Country in the Context of an Election Held During a Public Health Emergency or a Pandemic, Such as the COVID-19 Crisis, No. 001/2020, Advisory Opinion, African Court on Human and Peoples' Rights [Afr. Ct. H.P.R.] (July 16, 2021).

Document contents
The Author states that it is an African organisation based in Arusha, United Republic of Tanzania. It further states that it is recognised by the African Union (hereinafter
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Preview
Legal Issue and/or Topic
  • COVID-19 (Postponement and Accessibility)
Language
  • English
Date modified
Aug 5, 2021
Resources

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)
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
Date modified
Aug 5, 2021
Judgment

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)
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
Date modified
Aug 5, 2021
Judgment

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
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
Date modified
Aug 5, 2021
Judgment

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
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
Date modified
Aug 5, 2021
Judgment

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
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
Date modified
Aug 5, 2021
Judgment

Budding Democracy or Judicialisation: Lessons from Africa’s Emerging Electoral Jurisprudence

Document contents
President, Africa Judges and Jurists Forum (AJJF), Retired Chief Justice of the Republic of Kenya and former President of the Supreme Court of Kenya CHAPTER 1
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Preview
Legal Issue and/or Topic
  • Election Annulments
  • Election Dispute Resolution
Language
  • English
Date modified
Jun 4, 2021
Resources

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