Election Judgments - IFES

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30 shown of 133 entities

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
Court
Trial Court
Date of decision
Aug 25, 2021
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
Court
Trial Court
Date of decision
Jun 5, 2013
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
Court
Trial Court
Date of decision
May 14, 2017
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
Court
Trial Court
Date of decision
Dec 1, 1998
Judgment
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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
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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
Court
Trial Court
Date of decision
Aug 31, 2018
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
Court
Supreme Court
Date of decision
Jan 21, 2010
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
Court
Supreme Court
Date of decision
Nov 18, 2016
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
Court
Supreme Court
Date of decision
Jun 14, 2019
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
Court
Supreme Court
Date of decision
Dec 12, 2000
Judgment
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Chilima v. Mutharika (lower court decision)

Document contents
Constitution of the Republic of Malawi; (b) Whether the [2nd] Respondent breached its duty under Section 77 of the Constitution of the Republic of Malawi; and,
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Question Presented
Whether the Electoral Commission breach its duty under section 76, 77, and 40 of the Constitution of Malawi. These duties include ensuring the absence of electoral irregularities, illegalities, and failed provide proper oversight and verification.
Legal Issue(s)
  • Disputing Results
  • Electoral Integrity
  • EMB Operation
Country
Malawi
Language of Decision
  • English
Court
Supreme Court
Date of decision
Feb 3, 2020
Judgment
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Electoral Commission v. Malawi Congress Party

Document contents
REPUBLIC OF MALAWI IN THE HIGH COURT OF MALAWI LILONGWE DISTRICT REGISTRY \ ELECTIONS CASE NO.7 OF 2019 BETWEEN: THE STATE -AND­ THE ELECTORAL COMMISSION........................
Legal Issue(s)
  • Electoral Administration Irregularities
  • Electoral Integrity
Country
Malawi
Language of Decision
  • English
Court
Supreme Court
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
Court
Supreme Court
Date of decision
Feb 18, 2016
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
Court
Supreme Court
Date of decision
Sep 1, 2005
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
Court
Supreme Court
Date of decision
Oct 16, 2013
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
Court
Supreme Court
Date of decision
Sep 19, 2018
Judgment
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Sandhu v. Election Commission of Pakistan

Document contents
Petition No. 38790 of 2015) under Article 199 of the Constitution of the Islamic Republic of Pakistan (“the Constitution”). The learned Judge of the High Court dismissed the
Question Presented
Whether a repoll is necessary due to an intervening crime.
Legal Issue(s)
  • Electoral Integrity
  • Vote Verification and Transmission
Country
Pakistan
Language of Decision
  • English
Court
Supreme Court
Date of decision
May 31, 2018
Judgment
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Khuhro v. Khan

Document contents
disqualification as envisaged in Article 62(1)(f) of the Constitution of the Islamic Republic of Pakistan, 1973 (‘the Constitution”) as well as provisions of the Election Act,
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Question Presented
Whether misstatements on the candidate’s election papers are sufficient to declare an election void.
Legal Issue(s)
  • Candidate Registration
  • Electoral Integrity
Country
Pakistan
Language of Decision
  • English
Court
Supreme Court
Date of decision
Aug 1, 2019
Judgment
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Bangladesh 16th amendment ruling

Document contents
that Bangladesh is a “Republic” and we must always propound it as a republic and nothing short of a republic it is trust sense” (A
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Question Presented
Does the 16th amendment, which allows the legislature to remove Supreme Court justices on grounds of incapacity or misconduct, violate the Constitution?
Legal Issue(s)
  • EMB Independence
  • Judicial Independence
Country
Bangladesh
Language of Decision
  • English
Court
Supreme Court
Date of decision
Jul 3, 2017
Judgment
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Attorney General v. Taylor

Document contents
possibility of paying compensation: European Convention on Human Rights Act 2003 (Republic of Ireland), s 5. Taylor (CA), above n 4, at [66]. Mandic v Cornwall
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Question Presented
Whether the 2010 Electoral Amendment Act is inconsistent with the Bill of Rights Act due to the provision disenfranchising prisoners
Legal Issue(s)
  • Judicial Independence
  • Voter Registration
Country
New Zealand
Language of Decision
  • English
Court
Supreme Court
Date of decision
Nov 9, 2019
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
Court
Supreme Court
Date of decision
Feb 6, 2020
Judgment
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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
Court
Supreme Court
Date of decision
Jul 11, 1975
Judgment
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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
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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
Court
Supreme Court
Date of decision
Jun 13, 2022
Judgment
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Odinga v. IEBC

Document contents
Kenya as a sovereign Republic. They urged that Kenya being a Republic, it must conduct itself and its elections as a true Republic anchored on constitutional
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Question Presented
Which party has the burden of proof to contest an election?
Legal Issue(s)
  • Disputing Results
  • Electoral Integrity
Country
Kenya
Language of Decision
  • English
Court
Supreme Court
Date of decision
Sep 1, 2017
Judgment
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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
Court
Supreme Court
Date of decision
Jun 28, 2018
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
Court
Supreme Court
Date of decision
Mar 23, 2011
Judgment
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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
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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
Court
Supreme Court
Date of decision
Jun 25, 2018
Judgment
View

National Elections Commission v. Brumskine

Document contents
IN THE HONOURABLE SUPREME COURT OF REPUBLIC OF LIBERIA SITTING IN ITS OCTOBER TERM, A. D. 2017 BEFORE HIS HONOR: BEFORE HIS HONOR: BEFORE HER HONOR: BEFORE HIS HONOR:
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Question Presented
Should elections be annulled when there were late openings of polls, changes of polling stations, inaccurate voter registration lists, and an absence of queue controllers?
Legal Issue(s)
  • Disputing Results
  • Electoral Integrity
  • Voter Registration
Country
Liberia
Language of Decision
  • English
Court
Supreme Court
Date of decision
Dec 7, 2017
Judgment
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Mutharika v. Chilima

Document contents
Constitution of the Republic of Malawi; 10 (b) whether the [2nd] Respondent breached its duty under section 77 ofthe Constitution of the Republic of Malawi; and
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Question Presented
Whether the standard that candidate must receive a majority of the votes means the highest percentage of votes or over 50%?
Legal Issue(s)
  • Voting Systems (Winner-take-all, proportional, etc.)
Country
Malawi
Language of Decision
  • English
Court
Supreme Court
Date of decision
May 8, 2020
Judgment
View

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
Court
Supreme Court
Date of decision
Mar 3, 2009
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
Court
Supreme Court
Date of decision
Nov 1, 2015
Judgment
View

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