Election Judgments - IFES

Election Judgments - IFES

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30 shown of 134 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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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
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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Resolução nº 22.610, de 25 de outubro de 2007

Document contents
CAPUTO BASTOS – Ministro MARCELO RIBEIRO __________ Publicada no DJ de 30.10.2007 e republicada no DJ de 27.3.2008. Tags #Código Eleitoral #Legislação eleitoral #Publicação eletrônica
Question Presented
Whether elected officials crossing party lines after ascertaining political office violates Brazil's electoral code?
Legal Issue(s)
  • Candidate Registration
  • Party Registration
Country
Brazil
Language of Decision
  • Portuguese
Date of decision
Oct 25, 2007
Judgment
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Ramos Rojas v. Sanabria Chacón

Summary
is not valid because it “‘enshrin[es] provisions contrary to the Constitution and the laws of the Republic
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
Judgment
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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
Country
Egypt
Language of Decision
  • English
Date of decision
May 26, 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
Country
Egypt
Language of Decision
  • English
Date of decision
Jun 3, 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
Country
Egypt
Language of Decision
  • English
Date of decision
Feb 13, 2013
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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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.)
Country
Egypt
Language of Decision
  • English
Date of decision
Jun 14, 2012
Judgment
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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
Country
Estonia
Language of Decision
  • English
Date of decision
Mar 23, 2011
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
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
Country
Estonia
Language of Decision
  • English
Date of decision
May 18, 2017
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
Judgment
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Gandhi v. Narain

Document contents
‘‘Sovereign Democratic Republic’’. The expression ‘‘this Constitution’’ in the preamble has a basic structure comprising the three organs of the Republic: the Executive,
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Question Presented
Whether legislative acts passed during the appeals process may be retroactively applied to validate an election currently in the courts.
Legal Issue(s)
  • Disputing Results
  • Judicial Independence
Country
India
Language of Decision
  • English
Date of decision
Jul 11, 1975
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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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
Judgment
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Odhiambo Oduol v. Independent Electoral & Boundaries Commission

Summary
Here, the Court relied on its opinion in Republic v.
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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
Judgment
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Odinga, et. al v. Ruto

Document contents
(Election Petitions) (5 September 2022) (Judgment) Neutral citation: [2022] KESC 54 (KLR) REPUBLIC OF KENYA IN THE SUPREME COURT OF KENYA ELECTION PETITIONS PRESIDENTIAL ELECTION PETITION
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Question Presented
Whether petitioners’ evidence of interference and election fraud satisfied the appropriate level of evidence as required by the Court and affected the election result, warranting the cancellation and rerun of the election?
Legal Issue(s)
  • Civil Procedure
  • Disputing Results
  • Electoral Administration Irregularities
  • Electoral Integrity
  • Electronic Voting
  • EMB Operation
Country
Kenya
Language of Decision
  • English
Date of decision
Sep 5, 2022
Judgment
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Kitute v. Independent Electoral and Boundaries Commission

Document contents
Kitute v Independent Electoral and Boundaries Commission & 2 others [2017] eKLR THE REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI ELECTION PETITION NO 1 OF
Question Presented
Is electronic evidence submitted in support of allegations of election fraud subject to the Evidence Act, which requires authentication or certification by an appropriate authority or expert?
Legal Issue(s)
  • Civil Procedure
  • Disputing Results
  • Electoral Administration Irregularities
  • Electoral Integrity
  • Electronic Voting
Country
Kenya
Language of Decision
  • English
Date of decision
Nov 6, 2017
Judgment
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Marube Ombeta, Kamotho Njenga v. Independent Electoral and Boundaries Commission

Document contents
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CONSTITUTIONAL AND HUMAN RIGHTS DIVISION (Coram: A. C. Mrima, J.) CONSTITUIONAL PETITION NO. E211 OF 2022 (Consolidated
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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
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
Judgment
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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
Country
Kosovo
Language of Decision
  • English
Date of decision
Oct 10, 2019
Judgment
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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
Country
Kosovo
Language of Decision
  • English
Date of decision
Oct 10, 2019
Judgment
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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
Country
Kosovo
Language of Decision
  • English
Date of decision
Oct 10, 2019
Judgment
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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
Country
Kosovo
Language of Decision
  • English
Date of decision
Oct 28, 2019
Judgment
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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
Country
Kosovo
Language of Decision
  • English
Date of decision
May 10, 2019
Judgment
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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
Country
Kosovo
Language of Decision
  • English
Date of decision
Oct 19, 2019
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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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
Country
Kosovo
Language of Decision
  • English
Date of decision
Oct 19, 2019
Judgment
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