Election Judgments - IFES

Election Judgments - IFES

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30 shown of 149 entities

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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Richter v. Minister of Home Affairs

Procedural history
law), 9(1) (equality), 10 (human dignity), and 19(3)(a) (right to vote) of the Constitution of the Republic
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Question Presented
Whether Section 33(1)(b) and Section 33(1)(e) of the Electoral Act 73 of 1998 — which limited the "special vote" to South African citizens absent from the Republic only if they were on "government service" (or members of the household of such persons), while effectively excluding all other citizens living or working abroad — unjustifiably limited the constitutional right to vote under Section 19(3)(a) of the Constitution, read with the rights to equality (Section 9(1)), human dignity (Section 10), and equal citizenship (Section 3(2)(a)).
Legal Issue(s)
  • Accessibility
Country
South Africa
Language of Decision
  • English
Date of decision
Feb 9, 2009
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been replaced by the Republic of Sri Lanka and therefore the 1st respondent by holding the contracts referred to above with the Republic of Sri Lanka has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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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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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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ACHPR Tanganyika Law Society v. Tanzania

Document contents
the United Republic of Tanzania. He brings his application in his personal capacity, as a national of the Republic. 3. The Respondent is the United Republic of Tanzania
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Legal Issue and/or Topic
  • Regional Jurisprudence
  • Violation of an International Treaty
Language
  • English
Resources
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Alajos Kiss v. Hungary

Document contents
§ 78, Series A no. 94, race - D.H. and Others v. the Czech Republic [GC], no. 57325/00, § 182, ECHR 2007-..., or sexual orientation - E.B.
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Question Presented
Whether Hungary's voting restriction was proportional and legitimate under Article 1, Protocol 3
Legal Issue(s)
  • Accessibility
  • Elections as a Fundamental Right
  • Voters' Rights
Country
Hungary
Language of Decision
  • English
Date of decision
May 20, 2010
Judgment
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Ali v. David

Document contents
National Assembly have not been appointed. The Constitution1 professes the Co-operative Republic of Guyana to be a democratic sovereign State2, and elections that are free, fair
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Legal Issue and/or Topic
  • Election Dispute Resolution
  • Regional Jurisprudence
Language
  • English
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Aliyev v. Azerbaijan

Document contents
date: PROCEDURE 1. The case originated in an application (no. 18705/06) against the Republic of Azerbaijan lodged with the Court under Article 34 of the Convention for the
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Legal Issue and/or Topic
  • Regional Jurisprudence
  • Violation of an International Treaty
Language
  • English
Resources
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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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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
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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
Date of decision
Jun 28, 2018
Judgment
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Anatoliy Marinov v. Bulgaria

Document contents
Deputy Section Registrar, Having regard to: the application (no. 26081/17) against the Republic of Bulgaria lodged with the Court under Article 34 of the Convention for the
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Question Presented
Whether the automatic removal of a voter's rights under partial guardianship contravenes Article 3 of Protocol No. 1 of the European Convention on Human Rights. Furthermore, whether the blanket provision of removal is proportional to the state's legitimate aims and whether the absence of individualized judicial review deprives a voter's due process rights.
Legal Issue(s)
  • Accessibility
  • Voters' Rights
Country
Bulgaria
Language of Decision
  • English
Date of decision
Feb 28, 2022
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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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
Date of decision
Jun 25, 2018
Judgment
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Atakishi v. Azerbaijan

Document contents
date: PROCEDURE 1. The case originated in an application (no. 18469/06) against the Republic of Azerbaijan lodged with the Court under Article 34 of the Convention for the
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Legal Issue and/or Topic
  • Regional Jurisprudence
  • Violation of an International Treaty
Language
  • English
Resources
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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
Date of decision
Nov 9, 2019
Judgment
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August v Electoral Commission of South Africa

Applicable Law(s)
Constitution of the Republic of South Africa and the Electoral Act 73 of 1998
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Question Presented
Whether prisoners retained their constitutional right to vote under the 1996 Constitution, and, if so, whether the IEC was obligated to take active steps to facilitate their registration and voting, particularly in the absence of any parliamentary legislation that explicitly disenfranchised them.
Legal Issue(s)
  • Elections as a Fundamental Right
  • Voter Registration
  • Voters' Rights
Country
South Africa
Language of Decision
  • English
Date of decision
Apr 1, 1999
Judgment
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Baker v. Carr

Document contents
treatment that without executive recognition a foreign state has been called "a republic of whose existence we know nothing," "5and the judiciary ordinarily follows the
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Question Presented
Whether a claim alleging that a state's legislative apportionment scheme violates the Equal Protection Clause of the Fourteenth Amendment — by diluting the voting power of citizens in overpopulated districts — presents a justiciable controversy or is a non-justiciable "political question" that federal courts lack authority to adjudicate. This issue required the Court to revisit and overturn the precedent of Colegrove v. Green, 328 U.S. 549 (1946), which had held that federal courts should not intervene in reapportionment disputes.
Legal Issue(s)
  • Electoral Maps and Districting
  • Voters' Rights
Country
United States of America
Language of Decision
  • English
Date of decision
Mar 26, 1962
Judgment
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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
Country
Kosovo
Language of Decision
  • English
Date of decision
Sep 27, 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
Date of decision
Jul 3, 2017
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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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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Legal Issue and/or Topic
  • Election Dispute Resolution
  • Judicial Independence
  • Legal Frameworks
  • Regional Jurisprudence
Language
  • English
Resources
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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
Country
Kosovo
Language of Decision
  • English
Date of decision
Oct 6, 2019
Judgment
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Buckley v. Valeo

Document contents
New York Times Co. v. Sullivan, 376 U. S. 254, 270 (1964). In a republic where the people are sovereign, the ability of the citizenry to make informed
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Question Presented
Whether the various provisions of the Federal Election Campaign Act (FECA) — including limits on contributions, limits on expenditures (both by candidates and independent spenders), disclosure requirements, the public financing of presidential campaigns, and the structure of the FEC — violated the First Amendment's protection of political speech and association, the Fifth Amendment's guarantee of equal protection, and the Appointments Clause of the Constitution. The central question was whether the government's interest in preventing corruption and the appearance of corruption in federal elections could justify restrictions on political spending, and if so, which restrictions.
Legal Issue(s)
  • Campaign Finance
Country
United States of America
Language of Decision
  • English
Date of decision
Jan 30, 1976
Judgment
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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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Legal Issue and/or Topic
  • Election Annulments
  • Election Dispute Resolution
Language
  • English
Resources
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Bujdoso v. Hungary

Document contents
January 2012 repealing article 70, paragraph 5, of the 1949 Constitution of the Republic of Hungary, which automatically excluded from suffrage all persons under guardianship, restricting
Question Presented
Whether Hungary's automatic disenfranchisement of persons with disabilities placed under guardianship—without individualized assessment of their capacity to vote and based solely on their disability status—violates articles 2, 12, and 29 of the CRPD.
Legal Issue(s)
  • Accessibility
  • Voters' Rights
Country
Hungary
Language of Decision
  • English
Date of decision
Oct 16, 2013
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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Călin Georgescu v. Romania

Document contents
to censure the principal lawmaking authorities (see Boškoski v. the former Yugoslav Republic of Macedonia (dec.), no. 11676/04, 2 September 2004, and, mutatis mutandis, Guliyev
Question Presented
Did the Constitutional Court of Romania err in annulling the first round of elections or infringe upon Georgescu's right to a free election?
Legal Issue(s)
  • Electoral Integrity
  • Improper Practices
  • Social Media
  • Technology
Country
Romania
Language of Decision
  • English
Date of decision
Mar 6, 2025
Judgment
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Campos v. Ecuador

Document contents
the Republic of Ecuador of August 11, 1998 (file of annexes to the answering brief, tome I, folio 3365). 40 Cf. Constitution of the Republic of Ecuador
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Legal Issue and/or Topic
  • Judicial Independence
  • Regional Jurisprudence
Language
  • English
Resources
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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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