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Alternative Dispute Resolution in Elections: Practitioner Brief
- Preview
- Legal Issue and/or Topic
- Election Dispute Resolution
- Language
- English
- Date added
- May 5, 2023
Resources
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
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
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
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
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
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
Bench Book on Electoral Dispute Resolution
- Preview
- Legal Issue and/or Topic
- Election Dispute Resolution
- Judicial Independence
- Legal Frameworks
- Regional Jurisprudence
- Language
- English
- Date added
- Oct 12, 2022
Resources
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Election Dispute Resolution Report 2020
- Preview
- Legal Issue and/or Topic
- Election Dispute Resolution
- Legal Frameworks
- Regional Jurisprudence
- Language
- English
- Date added
- Dec 23, 2021
Resources
Election Case Law Analysis Series: Lessons for Regulating Campaigning on Social Media
- Preview
- Legal Issue and/or Topic
- Legal Frameworks
- Language
- English
- Date added
- Dec 22, 2021
Resources
Election Case Law Analysis Series: Lessons on Gender Equality and Women’s Political Participation
- Preview
- Legal Issue and/or Topic
- Electoral Inclusion
- Language
- English
- Date added
- Dec 22, 2021
Resources