Election Judgments - IFES

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30 shown of 133 entities

Amalgamated Rural Teachers Union of Zimbabwe v. ZANU-PF

Document contents
the then first secretary of the first respondent and sitting President of the Republic - Mr Robert Gabriel Mugabe - resigned after an unintermpted thirty seven years
Question Presented
Should an interdict be ordered against the respondents for several coercion related activities towards children in schools?
Legal Issue(s)
  • Electoral Violence and Intimidation
Country
Zimbabwe
Language of Decision
  • English
Date of decision
Jun 28, 2018
Judgment
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Mavedzenge v. Minister of Justice, Legal and Parliamentary Affairs

Document contents
referred the court to the case of New National Party v Government of the Republic of South Africa and Ors 1999 (3) SA 191 (CC) in which the South African
Question Presented
Applicant seeks declaration of constitutional invalidity of Electoral Act section 192(6), particularly striking the phrase "approved by the Minister" from the provision. Is the Minister's approval requirement tantamount to the ZEC being subject to his direction and control?
Legal Issue(s)
  • EMB Independence
Country
Zimbabwe
Language of Decision
  • English
Date of decision
May 31, 2018
Judgment
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Barthelemy v. President of the Republic of Vanuatu

Title
President of the Republic of Vanuatu
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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
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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Texas Democratic Party v. Abbott

Document contents
vote by mail. Otherwise, according to the district court, “our democracy and the Republic would be lost and government of the people, by the people and for the people
Question Presented
Whether the COVID-19 pandemic constitutes a disability under Texas law sufficient to modify the vote-by-mail system.
Legal Issue(s)
  • Elections as a Fundamental Right
  • Health Concerns & Election Administration
Country
United States of America
Language of Decision
  • English
Date of decision
Jun 4, 2020
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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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
Judgment
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Chiafalo v. Washington

Document contents
Jefferson, whom he loathed but viewed as less of an existential threat to the Republic.) By then, everyone had had enough of the Electoral College’s original voting rules
Question Presented
Whether a pledge requirement and sanction violates the Electors Constitutional right to pledge electoral votes regardless of voter preference?
Legal Issue(s)
  • Elections as a Fundamental Right
Country
United States of America
Language of Decision
  • English
Date of decision
Jul 6, 2020
Judgment
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Rucho v. Common Cause

Document contents
the body politic.” G. Wood, Empire of Liberty: A History of the Early Republic, 1789–1815, p. 140 (2009). 10 RUCHO v. COMMON CAUSE KAGAN, J., dissenting
Question Presented
Whether partisan issues such as gerrymandering are justiciable by the court.
Legal Issue(s)
  • Electoral Maps and Districting
Country
United States of America
Language of Decision
  • English
Date of decision
Jun 27, 2019
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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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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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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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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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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In re Representation of People Act and the September 7, 2015 Elections.

Document contents
THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL Port of Spain Civil Appeal Number: S 293 of 2016 Claim Number: CV 2015-03128 IN THE MATTER OF THE
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Question Presented
Whether the potential for Chief Justice bias is sufficient to overturn the dismissal of a petition challenging election results.
Legal Issue(s)
  • Civil Procedure
  • Electoral Integrity
  • Judicial Independence
Country
Trinidad and Tobago
Language of Decision
  • English
Date of decision
Feb 6, 2020
Judgment
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Tanganyika Law Society v. Tanzania

Procedural history
The National Assembly of the United Republic of Tanzania passed a law requiring all candidates for Presidential
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Question Presented
Whether the Tanzania regulation prohibiting independent candidates from seeking public office is unconstitutional?
Legal Issue(s)
  • Candidate Registration
  • Judicial Independence
Country
Tanzania. United Republic of
Language of Decision
  • English
Date of decision
Jun 14, 2019
Judgment
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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:
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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
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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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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New Nation Movement NPC and Others v President of the Republic of South Africa

Title
New Nation Movement NPC and Others v President of the Republic of South Africa
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Question Presented
Whether the requirement of political party membership for candidate eligibility is constitutional.
Legal Issue(s)
  • Candidate Registration
Country
South Africa
Language of Decision
  • English
Date of decision
Jun 11, 2020
Judgment
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My Vote Counts NPC v. Minister of Justice and Correctional Services

Document contents
political parties and independent candidates. 5 My Vote Counts NPC v President of the Republic of South Africa 2017 (6) SA 501 (WCC) (High Court judgment). 6 2 of 2000
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Question Presented
Is the current Promotion of Access to Information Act unconstitutional?
Legal Issue(s)
  • Campaign Finance
Country
South Africa
Language of Decision
  • English
Date of decision
Jun 21, 2018
Judgment
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Freedom Front Plus v. Electoral Commission of South Africa

Document contents
which the Electoral Court was established. It is established for the whole of the Republic of South Africa with the status of the High Court. Its chairperson must be
Legal Issue(s)
  • EMB Operation
Country
South Africa
Language of Decision
  • English
Date of decision
Apr 29, 2019
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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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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Tan Chen Bock v. Attorney General

Document contents
IN THE COURT OF APPEAL OF THE REPUBLIC OF SINGAPORE [2017] SGCA 50 Civil Appeal No 124 of 2017 Between TAN CHENG BOCK … Appellant And ATTORNEY-GENERAL … Respondent
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Question Presented
Whether the reserved election clause solely permits choosing from the terms of office of Presidents elected by the citizens, or also includes those chosen by Parliament.
Legal Issue(s)
  • Candidate Registration
Country
Singapore
Language of Decision
  • English
Date of decision
Aug 23, 2017
Judgment
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Wong Souk Yee v. Attorney General

Document contents
IN THE COURT OF APPEAL OF THE REPUBLIC OF SINGAPORE [2019] SGCA 25 Civil Appeal No 73 of 2018 Between WONG SOUK YEE … Appellant And ATTORNEY-GENERAL … Respondent
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Question Presented
Whether the Prime Minister had a duty to fill the vacancy in a Group Representation Constituency.
Legal Issue(s)
  • Electoral Integrity
  • EMB Independence
Country
Singapore
Language of Decision
  • English
Date of decision
Apr 10, 2019
Judgment
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Decision No. 207182

Procedural history
The Republic Election Commission (REC) ruled against the complainant.
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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
Judgment
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Decision 207183

Procedural history
The applicant then appealed to the Republic Election Commission, which rejected his appeal.
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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
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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Rind v. Balochistan

Document contents
the qualifications laid down under Article 62(1)(f) of the Constitution of Islamic Republic of Pakistan, 1973 (“Constitution”). The basis of this finding is that in the general
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Question Presented
Whether failure to disclose education was grounds for disqualifying the petitioner as a candidate.
Legal Issue(s)
  • Candidate Registration
Country
Pakistan
Language of Decision
  • English
Date of decision
Sep 19, 2018
Judgment
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