Election Judgments - IFES

Election Judgments - IFES

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30 shown of 133 entities

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
Region
Middle East and North Africa
Country
Egypt
Language of Decision
  • English
Date of decision
May 26, 2013
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
Region
Middle East and North Africa
Country
Egypt
Language of Decision
  • English
Date of decision
Feb 13, 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
Region
Middle East and North Africa
Country
Egypt
Language of Decision
  • English
Date of decision
Jun 3, 2013
Judgment
View

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
Region
Middle East and North Africa
Country
Egypt
Language of Decision
  • English
Date of decision
Mar 15, 2015
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.)
Region
Middle East and North Africa
Country
Egypt
Language of Decision
  • English
Date of decision
Jun 14, 2012
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
Region
Europe and Eurasia
Country
Ukraine
Language of Decision
  • English
Date of decision
Apr 4, 2012
Judgment
View

Kosovo Police v. Mustafa

Document contents
Republic of Kosovo Republika e Kosoves- Republika Kosova Elections Complaints and Appeals Panel Paneli Zgjedhor per Ankesa dhe Parashtresa Izborni Panel za Zalbe i Predstavke
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Question Presented
Whether a candidate violated the Law of General Elections prohibition on taking advantage of a public employee during a campaign period when the candidate used photo of the Kosovo Police Chief?
Legal Issue(s)
  • Campaign Finance
  • Candidate Registration
Region
Europe and Eurasia
Country
Kosovo
Language of Decision
  • English
Date of decision
May 10, 2019
Judgment
View

Balkan Investigative Reporting Network BIRN Internews and Kosova v. Serbian List

Document contents
of Republic of Kosovo, Panel finds it unsustainable because of the Transitional Provisions for Assembly of Kosovo, in Article 148 paragraph 1 of Constitution of Republic of
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Question Presented
Whether the Serbian List's election spot violated the Election Code such that it incited hatred or violence.
Legal Issue(s)
  • Electoral Violence and Intimidation
  • Social Media
Region
Europe and Eurasia
Country
Kosovo
Language of Decision
  • English
Date of decision
Sep 27, 2019
Judgment
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LVV Political Entity v. Central Election Commission

Document contents
Republic of Kosovo Republika e Kosoves- Republika Kosova Elections Complaints and Appeals Panel Paneli Zgjedhor per Ankesa dhe Parashtresa Izborni Panel za Zalbe i Predstavke
Question Presented
Whether the ballots declared invalid by the CRC were valid and should have been counted for in election totals?
Legal Issue(s)
  • Vote Form Irregularities
Region
Europe and Eurasia
Country
Kosovo
Language of Decision
  • English
Date of decision
Oct 19, 2019
Judgment
View

BIRN v. Democratic League of Kosovo

Document contents
Republic of Kosovo Republika e Kosoves-Republika Kosova Paneli Zgjedhor për Ankesa dhe Parashtresa Izborni Panel za Zalbe I Predstavke Elections Complaints and Appeal Panel Anr.
Question Presented
Whether the claimant met its evidentiary burden for determining that the respondent violated election law.
Legal Issue(s)
  • Civil Procedure
  • Social Media
Region
Europe and Eurasia
Country
Kosovo
Language of Decision
  • English
Date of decision
Oct 6, 2019
Judgment
View

Nisma-Akr-PD v. Polling Station 211B

Document contents
Republic of Kosovo Republika e Kosoves-Republika Kosova Paneli Zgjedhor për Ankesa dhe Parashtresa Izborni Panel za Zalbe I Predstavke Elections Complaints and Appeals Panel A.no.
Question Presented
Whether there is sufficient evidence to bar the election officials from participating in elections or election administration after they lost ballots.
Legal Issue(s)
  • Electoral Integrity
  • EMB Operation
  • Vote Form Irregularities
Region
Europe and Eurasia
Country
Kosovo
Language of Decision
  • English
Date of decision
Oct 10, 2019
Judgment
View

PDK v. Central Election Commission

Document contents
Republic of Kosovo Republika e Kosovës-Republika Kosova Paneli Zgjedhor për Ankesa dhe Parashtresa Izborni Panel za Zalbe i Predstavke Elections Complaints and Appeals Panel A.no.
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Question Presented
Whether the technical omission from the Kosovo ballots warrants a recount prior to the final election results.
Legal Issue(s)
  • Civil Procedure
  • Vote Form Irregularities
Region
Europe and Eurasia
Country
Kosovo
Language of Decision
  • English
Date of decision
Oct 18, 2019
Judgment
View

Self Determination Movement v. CEP

Document contents
Republic of Kosovo Republika e Kosoves-Republika Kosova Paneli Zgjedhor për Ankesa dhe Parashtresa Izborni Panel za Zalbe I Predstavke Elections Complaints and Appeals Panel A.no.
Question Presented
Whether the plaintiff sufficiently alleged that the irregularities in voting warranted renumbering the ballots.
Legal Issue(s)
  • Civil Procedure
  • Vote Form Irregularities
  • Vote Verification and Transmission
Region
Europe and Eurasia
Country
Kosovo
Language of Decision
  • English
Date of decision
Oct 10, 2019
Judgment
View

Party of Kosovo Serbs v. Serbian List

Document contents
Republic of Kosovo Republika e Kosovës-Republika Kosova Paneli Zgjedhor për Ankesa dhe Parashtresa Izborni Panel za Zalbe i Predstavke Elections Complaints and Appeals Panel A.no.
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Legal Issue(s)
  • Civil Procedure
  • Technology
Region
Europe and Eurasia
Country
Kosovo
Language of Decision
  • English
Date of decision
Oct 10, 2019
Judgment
View

Pacolli v. Central Election Commission

Document contents
Republic of Kosovo Republika e Kosovës-Republika Kosova Paneli Zgjedhor për Ankesa dhe Parashtresa Izborni Panel za Zalbe i Predstavke Elections Complaints and Appeals Panel A.no.
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Question Presented
Whether the court may hear the merits of a complaint on the voting counts are most polling stations.
Legal Issue(s)
  • Civil Procedure
  • Vote Form Irregularities
Region
Europe and Eurasia
Country
Kosovo
Language of Decision
  • English
Date of decision
Oct 10, 2019
Judgment
View

Levizja Vetevendosje v. Central Election Commission

Document contents
Republic of Kosovo Republika e Kosovës-Republika Kosova Paneli Zgjedhor për Ankesa dhe Parashtresa Izborni Panel za Zalbe i Predstavke Elections Complaints and Appeals Panel A.no.
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Question Presented
Whether the ballots postmarked well before the election, but not received by the CRC, must be counted as valid ballots.
Legal Issue(s)
  • Vote Verification and Transmission
Region
Europe and Eurasia
Country
Kosovo
Language of Decision
  • English
Date of decision
Oct 28, 2019
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
Region
Europe and Eurasia
Country
Estonia
Language of Decision
  • English
Date of decision
Sep 1, 2005
Judgment
View

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
Region
Europe and Eurasia
Country
United Kingdom
Language of Decision
  • English
Date of decision
Oct 16, 2013
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
Region
Europe and Eurasia
Country
Estonia
Language of Decision
  • English
Date of decision
May 18, 2017
Judgment
View

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
Region
Europe and Eurasia
Country
Serbia
Language of Decision
  • Serbian
Date of decision
Feb 3, 2022
Judgment
View

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
Region
Europe and Eurasia
Country
Serbia
Language of Decision
  • Serbian
Date of decision
Feb 3, 2022
Judgment
View

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
Region
Europe and Eurasia
Country
Estonia
Language of Decision
  • English
Date of decision
Mar 23, 2011
Judgment
View

Germin Organization v. Central Election Commission

Document contents
Republic of Kosovo Republika e Kosovës-Republika Kosova Paneli Zgjedhor për Ankesa dhe Parashtresa Izborni Panel za Zalbe i Predstavke Elections Complaints and Appeals Panel A.no.
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Question Presented
Whether the vote counting procedure violates the right to early vote for Kosovo citizens outside of Kosovo. Whether the complaint may be brought before a final decision is reached.
Legal Issue(s)
  • Civil Procedure
  • Vote Verification and Transmission
Region
Europe and Eurasia
Country
Kosovo
Language of Decision
  • English
Date of decision
Oct 19, 2019
Judgment
View

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
Region
Europe and Eurasia
Country
Moldova
Language of Decision
  • Romanian
Date of decision
Jun 25, 2018
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
Region
Europe and Eurasia
Country
Germany
Language of Decision
  • English
Date of decision
Mar 3, 2009
Judgment
View

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
Region
Asia-Pacific
Country
South Korea
Language of Decision
  • English
Date of decision
May 14, 2004
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
Region
Asia-Pacific
Country
Bangladesh
Language of Decision
  • English
Date of decision
Feb 18, 2016
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
Region
Asia-Pacific
Country
Pakistan
Language of Decision
  • English
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
Region
Asia-Pacific
Country
Pakistan
Language of Decision
  • English
Date of decision
May 31, 2018
Judgment
View

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
Region
Asia-Pacific
Country
Pakistan
Language of Decision
  • English
Date of decision
Aug 1, 2019
Judgment
View

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