Election Judgments - IFES

Election Judgments - IFES

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30 shown of 134 entities

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
Date of decision
Sep 1, 2017
Date added
Jun 19, 2019
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
Date of decision
Jun 28, 2018
Date added
Jun 19, 2019
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
Date of decision
Feb 18, 2016
Date added
Jun 19, 2019
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
Date added
Jun 19, 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
Country
Estonia
Language of Decision
  • English
Date of decision
Sep 1, 2005
Date added
Jun 20, 2019
Judgment
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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
Date of decision
Mar 3, 2009
Date added
Jun 20, 2019
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
Date of decision
Nov 1, 2015
Date added
Jun 20, 2019
Judgment
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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
Date of decision
Dec 7, 2017
Date added
Jun 20, 2019
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
Date of decision
May 14, 2017
Date added
Jun 20, 2019
Judgment
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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
Date added
Jun 20, 2019
Judgment
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My Vote Counts NPC v. Minister of Justice and Correctional Services

Document contents
political parties and independent candidates. 5 My Vote Counts NPC v President of the Republic of South Africa 2017 (6) SA 501 (WCC) (High Court judgment). 6 2 of 2000
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Question Presented
Is the current Promotion of Access to Information Act unconstitutional?
Legal Issue(s)
  • Campaign Finance
Country
South Africa
Language of Decision
  • English
Date of decision
Jun 21, 2018
Date added
Jun 28, 2019
Judgment
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Elections on Trial: The Effective Management of Election Disputes and Violations

Document contents
Elections in the Republic of Kosovo (LGE), Law no. 03/L-256 amending the Law no. 03/L-073 and the Law on Local Elections in the Republic of Kosovo Law
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
Date added
Jul 1, 2019
Resources
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Electoral Justice: The International IDEA Handbook

Document contents
In the Czech Republic, the justices of the Constitutional Court (Ústavní Soud) are appointed by the President of the Republic with the consent
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
Date added
Jul 2, 2019
Resources
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When Are Elections Good Enough? Validating or Annulling Election Results

Document contents
546 (46.2 percent) polling stations during the national audit. EU EAT, Islamic Republic of Afghanistan: Final Report Presidential Election, 42 (2014), http://www.eueom.eu/files/dmfil
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Legal Issue and/or Topic
  • Election Annulments
Language
  • English
Date added
Jul 2, 2019
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Electoral Justice Regulations Around the World: Key findings from International IDEA's global research on electoral dispute-resolution systems

Document contents
this aspect of the research show that in only two countries (the Czech Republic and Eritrea) is there no legislation criminalizing any type of misconduct
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
Date added
Jul 2, 2019
Resources
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Measuring Effective Remedies for Fraud and Administrative Malpractice

Document contents
http://www.osce.org/odihr/elections/turkey/219201. 50 Id. 51 ID. 52 Belgium, Bulgaria, Czech Republic, Finland, France, Germany, Italy, Netherlands, Slovenia, Spain and the United
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Preview
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Legal Issue and/or Topic
  • Electoral Fraud
Language
  • English
Date added
Jul 2, 2019
Resources
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Election Audits: International Principles that Protect Election Integrity

Document contents
ISLAMIC REPUBLIC OF AFGHANISTAN: PRESIDENTIAL AND PROVINCIAL COUNCIL ELECTIONS 33 (2014), available at http://www.osce.org/odihr/elections/afghanistan/129761?download=true; EUEAT, ISLAMIC REPUBLIC OF
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Preview
Preview
Legal Issue and/or Topic
  • Audits
Language
  • English
Date added
Jul 2, 2019
Resources
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Election Audits: Principles and Practices

Document contents
html. Republic of Kosovo Central Election Commission. 2010. “Law on Amending and Supplementing the Law No. 03/L-073 on General Elections in the Republic of Kosovo
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Preview
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Legal Issue and/or Topic
  • Audits
Language
  • English
Date added
Jul 2, 2019
Resources
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Scrutiny in Electoral Disputes: A Kenyan Judicial Perspective

Document contents
computation and declared Mr. Uhuru Kenyatta as the duly elected President of the Republic of Kenya. While taking or not taking into consideration the rejected votes
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
Date added
Jul 2, 2019
Resources
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GUARDE: Directrices para la comprension y resolucion de conflictos electorales

Document contents
 13-­‐14  (2009)  y  Discussing  2006   presidential  elections  in  the  Democratic  Republic  of  the  Congo,  disponible  en   http://www.ndi.org/files/Mediation_des_Conflicts_Electoraux_FRE.pdf.   4
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Preview
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • Spanish
Date added
Jul 2, 2019
Resources
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GUARDE: Guidelines for Understanding, Adjudicating, and Resolving Disputes in Elections

Document contents
Burundi in 2005, in the Central African Republic in 2005, in Liberia in 2005-06, in the Democratic Republic of the Congo in 2006, in Sudan
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
Date added
Jul 2, 2019
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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
Date added
Jul 8, 2019
Judgment
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International Covenant on Civil and Political Rights

Document contents
Federal Re public of Germany: France, German Democratic Republic, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland
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Preview
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Legal Issue and/or Topic
  • International Treaty
Language
  • English
Date added
Jul 10, 2019
Resources
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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
Date added
Jul 12, 2019
Judgment
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SUP RAP 0173 2018

Summary
Institute (INE), which determined that the aspiring independent candidate to the Presidency of the Republic
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Question Presented
The TEPJF instructs the INE to issue a new resolution on the registration of Jaime Heliodoro Rodríguez as an independent candidate to the Presidency of the Republic.
Legal Issue(s)
  • Candidate Registration
Country
Mexico
Language of Decision
  • Spanish
Date of decision
Apr 9, 2018
Date added
Jul 16, 2019
Judgment
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Mavedzenge v. Minister of Justice, Legal and Parliamentary Affairs

Document contents
referred the court to the case of New National Party v Government of the Republic of South Africa and Ors 1999 (3) SA 191 (CC) in which the South African
Question Presented
Applicant seeks declaration of constitutional invalidity of Electoral Act section 192(6), particularly striking the phrase "approved by the Minister" from the provision. Is the Minister's approval requirement tantamount to the ZEC being subject to his direction and control?
Legal Issue(s)
  • EMB Independence
Country
Zimbabwe
Language of Decision
  • English
Date of decision
May 31, 2018
Date added
Jul 16, 2019
Judgment
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Unfair Advantage: The Abuse of State Resources in Elections

Document contents
European Union Election Observation Mission (EU EOM), Final Report: Democratic Socialist Republic of Sri Lanka, Parliamentary Elections 18-19 (2015). 49 See Transparency Int’l,
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Preview
Preview
Legal Issue and/or Topic
  • Abuse of State Resources (ASR)
Language
  • English
Date added
Jul 22, 2019
Resources
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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
Date added
Jul 22, 2019
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
Date of decision
Jan 21, 2010
Date added
Jul 22, 2019
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
Date added
Aug 1, 2019
Judgment
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