Election Judgments - IFES

Election Judgments - IFES

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30 shown of 302 entities

Madhav Prasad Paudel and others vs Office of the PM, Local development Ministry, Election Commission Nepal et. al

Question Presented
Whether the failure to hold local elections due to the absence of the required legal framework violates the right to periodic elections during the interim constitutional period. Whether the conduct of local government affairs by non-elected government employees violates the Local Self Government Act.
Legal Issue(s)
  • Election Date
  • Electoral Integrity
Country
Nepal
Language of Decision
  • Nepali
Date of decision
Nov 7, 2012
Date added
Jan 13, 2023
Judgment
View

Chaturman Beda vs Election Special Court and others

Question Presented
Whether the ineligibility of a winning candidate due to his age should result in declaring the runner-up candidate as the winner of the election or invalidating the entire election result.
Legal Issue(s)
  • Candidate Registration
  • Disputing Results
  • Electoral Integrity
Country
Nepal
Language of Decision
  • Nepali
Date of decision
Feb 14, 1990
Date added
Jan 13, 2023
Judgment
View

Advocate Prem Chandra Rai vs Government of Nepal

Question Presented
Whether Nepali citizens residing abroad should be given the opportunity to vote from the country in which they currently reside. Whether restricted voting rights on Nepali citizens living abroad violates the constitutional right to vote.
Legal Issue(s)
  • Accessibility
  • Elections as a Fundamental Right
  • Out of Country Voting
Country
Nepal
Language of Decision
  • Nepali
Date of decision
Mar 21, 2018
Date added
Jan 13, 2023
Judgment
View

City for All List, et. al v. Palestinian Central Election Commission, et. al

Question Presented
Whether the error in registration on the voter list of one candidate from an independent candidate list should result in rejecting the application of all the candidates on the list, and thus the entire list, from running for election.
Legal Issue(s)
  • Candidate Eligibility
  • Candidate Registration
Country
Palestine
Language of Decision
  • Arabic
Date of decision
Apr 23, 2017
Date added
Jan 4, 2023
Judgment
View

Palmer v. Australian Electoral Commission (AEC)

Question Presented
Whether the practice of disclosing the indicative two-candidate preferred count (“Indicative TCP”) prior to the closing of all polling sites in the country by the Australian Election Commission (AEC) influenced the voters’ choice and undermined the impartiality or perception of impartiality of the Commission, therefore violating the election law and the Constitution.
Legal Issue(s)
  • Electoral Administration Irregularities
  • EMB Operation
Country
Australia
Language of Decision
  • English
Date of decision
Aug 14, 2019
Date added
Oct 14, 2022
Judgment
View

Monroy Hernandez v. Molano Granados

Question Presented
Whether the election of a municipal elected official should be nullified and/or her candidacy deemed ineligible on charges of nepotism due to her father holding a government position, which exercised administrative authority, within twelve months of her election even if there is no proof that he used or abused his position to further her candidacy.
Legal Issue(s)
  • Abuse of State Resources (ASR)
  • Disputing Results
  • Electoral Integrity
Country
Colombia
Language of Decision
  • Spanish
Date of decision
Mar 12, 2020
Date added
Oct 14, 2022
Judgment
View

Bench Book on Electoral Dispute Resolution

Preview
Preview
Legal Issue and/or Topic
  • Election Dispute Resolution
  • Judicial Independence
  • Legal Frameworks
  • Regional Jurisprudence
Language
  • English
Date added
Oct 12, 2022
Resources
View

Decision 207183

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 added
Sep 19, 2022
Judgment
View

Decision No. 1 (1995)

Question Presented
Whether a law that permits the Prime Minister to exercise his discretionary power to transfer or declare a vacancy for the position of the President of the Supreme Court of char’i jaafarite contradicts the principle of “separation of powers” and should be repealed.
Legal Issue(s)
  • Civil Procedure
Country
Lebanon
Language of Decision
  • French
Date of decision
Nov 2, 1995
Date added
Sep 16, 2022
Judgment
View

Decision No. 207182

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 added
Sep 16, 2022
Judgment
View

Decision 701/2020

Question Presented
Whether the Brosteni Constituency Electoral Bureau’s (BEC) decision to reject a former vice mayor seeking to run for the mayor and local councilor elections, based on a report by the National Integrity Agency alleging that he had conflicts of interest, was improper.
Legal Issue(s)
  • Candidate Registration
  • Civil Procedure
Country
Romania
Language of Decision
  • Romanian
Date of decision
Aug 17, 2020
Date added
Sep 16, 2022
Judgment
View

Decision 378/2020

Question Presented
Whether the Bistrita Năsăud Electoral Bureau (BECJ BN)’s decision to reject the registration of appellant electoral alliance USR-PLUS’s list of four candidates for the 2020 parliamentary elections was incorrect even though the appellant did not properly include the candidates’ genders, as is required by law for Chamber of Deputies and Senate elections.
Legal Issue(s)
  • Candidate Registration
  • Gender
Country
Romania
Language of Decision
  • Romanian
Date of decision
Oct 26, 2020
Date added
Sep 16, 2022
Judgment
View

In the Matter of Rudolph W. Giuliani

Question Presented
Whether the respondent violated D.C. Bar Rules X and XI, § 2(b) by filing a frivolous lawsuit seeking to overturn the 2020 election results in Pennsylvania, which requires him to be sanctioned under the D.C. Rules of Professional Conduct.
Legal Issue(s)
  • Civil Procedure
  • Disputing Results
Country
United States of America
Language of Decision
  • English
Date of decision
Apr 4, 2022
Date added
Sep 16, 2022
Judgment
View

2018Hun-Ma456

Question Presented
Whether the Public Official Election Act’s required verification of internet users when they post election-related content online during a campaign violates freedom of expression, freedom of anonymous speech, freedom of the press and the right to informational self-determination.
Legal Issue(s)
  • Criminal Procedure
  • Social Media
Country
South Korea
Language of Decision
  • English
Date of decision
Jan 28, 2021
Date added
Sep 14, 2022
Judgment
View

2017Hun-Ma813

Question Presented
Whether any of the following alleged acts violate citizens’ constitutional rights to vote or equality under the law: 1) denying a soldier’s request to watch presidential election interviews and debates; 2) requiring election campaign bulletins written in braille to be within the page limits for booklet-type campaign bulletins; and 3) failing to require Korean sign language or captions in all election-related broadcasts.
Legal Issue(s)
  • Accessibility
  • Elections as a Fundamental Right
  • Electoral Administration Irregularities
Country
South Korea
Language of Decision
  • English
Date of decision
Aug 28, 2020
Date added
Sep 14, 2022
Judgment
View

Odhiambo Oduol v. Independent Electoral & Boundaries Commission

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 added
Sep 14, 2022
Judgment
View

Ledezma Acosta v. Ausecha Ordóñez and Armando Guevara Bravo

Question Presented
Whether a candidate’s disqualification from running in an election should affect the eligibility of all the candidates on the political party’s candidate list, since as a result of the disqualification the entire list did not meet the gender quota minimum required by law.
Legal Issue(s)
  • Candidate Registration
  • Disputing Results
  • Party Registration
  • Quotas
Country
Colombia
Language of Decision
  • Spanish
Date of decision
Sep 17, 2020
Date added
Sep 13, 2022
Judgment
View

Núñez de Armas v. Magdaniel Hernández

Question Presented
Whether a candidate must resign from his administrative position twelve months from the date of his registration as a candidate or twelve months from the date of the election to be eligible to run as a candidate.
Legal Issue(s)
  • Candidate Registration
Country
Colombia
Language of Decision
  • Spanish
Date of decision
Dec 16, 2020
Date added
Sep 13, 2022
Judgment
View

Ramos Rojas v. Sanabria Chacón

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 added
Sep 13, 2022
Judgment
View

Zambrano Castro v. National Electoral Council

Question Presented
Whether the rejection of an applicant’s mayoral candidacy should be overturned because he initiated a lawsuit to revoke disciplinary sanctions against him, thereby potentially qualifying him for a “pending lawsuit” exception as outlined in Article 100, Paragraph 8 of the General Code of Procedure.
Legal Issue(s)
  • Candidate Registration
  • Civil Procedure
Country
Colombia
Language of Decision
  • Spanish
Date of decision
Oct 29, 2020
Date added
Sep 13, 2022
Judgment
View

Ortiz Daza v. Act Declaring the Election of Candelo Riascos

Question Presented
Whether a candidate is permitted to endorse a candidate from another party (“double militancy”) when he receives express permission or derogation from his own party to do so, despite the provision in law that prohibits this practice.
Legal Issue(s)
  • Candidate Registration
  • Disputing Results
Country
Colombia
Language of Decision
  • Spanish
Date of decision
Dec 10, 2020
Date added
Sep 13, 2022
Judgment
View

Ospina Carballo v. Restrepo Gallego

Question Presented
Whether a candidate in the Departmental Assembly of Valle del Cauca gubernatorial election is eligible to be allocated a seat as Deputy even if he or she won fewer votes than the “blank vote option,” which won the second highest number of votes.
Legal Issue(s)
  • Disputing Results
Country
Colombia
Language of Decision
  • Spanish
Date of decision
Nov 5, 2020
Date added
Sep 13, 2022
Judgment
View

Medina Padilla v. Aguilar Hurtado

Question Presented
Whether an election should be annulled because the elected candidate received an endorsement from registered members of a political party, along with some of that party’s militants, other than the candidate’s registered party.
Legal Issue(s)
  • Candidate Registration
  • Disputing Results
  • Party Registration
Country
Colombia
Language of Decision
  • Spanish
Date of decision
Aug 20, 2020
Date added
Sep 13, 2022
Judgment
View

Masumba v. Kamondo

Question Presented
Whether the respondent was properly elected as a Member of Parliament on account of allegations made against him by the appellant of illegal acts or misconduct (i.e., defamation or inflammatory statements, intimidation and violence, and undue influence) during the campaign period.
Legal Issue(s)
  • Disputing Results
  • Electoral Violence and Intimidation
Country
Zambia
Language of Decision
  • English
Date of decision
Nov 17, 2017
Date added
Sep 13, 2022
Judgment
View

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

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 added
Sep 13, 2022
Judgment
View

State of Washington v. Facebook, Inc.

Question Presented
Whether Facebook violated election law by not maintaining records of their political advertising and failing to make those records available to the public.
Legal Issue(s)
  • Campaign Finance
  • Social Media
Country
United States of America
Language of Decision
  • English
Date of decision
Jun 8, 2018
Date added
Sep 13, 2022
Judgment
View

Election Dispute Resolution Report 2020

Preview
Preview
Legal Issue and/or Topic
  • Election Dispute Resolution
  • Legal Frameworks
  • Regional Jurisprudence
Language
  • English
Date added
Dec 23, 2021
Resources
View

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

Preview
Preview
Legal Issue and/or Topic
  • Legal Frameworks
Language
  • English
Date added
Dec 22, 2021
Resources
View

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

Preview
Preview
Legal Issue and/or Topic
  • Electoral Inclusion
Language
  • English
Date added
Dec 22, 2021
Resources
View

Guide Electoral, Tome III Référencement jurisprudentiel 2006-2018

Preview
Preview
Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • French
Date added
Dec 22, 2021
Resources
View

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