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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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been replaced by the Republic of Sri Lanka and therefore the 1st respondent by holding the contracts referred to above with the Republic of Sri Lanka has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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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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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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Balkan Investigative Reporting Network BIRN Internews and Kosova v. Serbian List

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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

Applicable Law(s)
Constitution of the Republic of Vanuatu: Articles 53, 21, 28, 39, 40, 43, 66, 67
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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
  • Improper Practices
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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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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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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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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Preview
Preview
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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CH-02

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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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Chester v. Secretary of State for Justice

Document contents
C-6/90 Francovich v Italian Republic [1992] IRLR 84 and Joined Cases C-46/93 and C-48/93 Brasserie du Pecheur SA v Federal Republic of Germany and R v
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Legal Issue(s)
  • Judicial Independence
  • Voter Registration
Country
United Kingdom
Language of Decision
  • English
Date of decision
Oct 16, 2013
Judgment
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Chiafalo v. Washington

Document contents
Jefferson, whom he loathed but viewed as less of an existential threat to the Republic.) By then, everyone had had enough of the Electoral College’s original voting rules
Question Presented
Whether a pledge requirement and sanction violates the Electors Constitutional right to pledge electoral votes regardless of voter preference?
Legal Issue(s)
  • Elections as a Fundamental Right
Country
United States of America
Language of Decision
  • English
Date of decision
Jul 6, 2020
Judgment
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Chilima v. Mutharika (lower court decision)

Document contents
Constitution of the Republic of Malawi; (b) Whether the [2nd] Respondent breached its duty under Section 77 of the Constitution of the Republic of Malawi; and,
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Question Presented
Whether the Electoral Commission breach its duty under section 76, 77, and 40 of the Constitution of Malawi. These duties include ensuring the absence of electoral irregularities, illegalities, and failed provide proper oversight and verification.
Legal Issue(s)
  • Disputing Results
  • Electoral Integrity
  • EMB Operation
Country
Malawi
Language of Decision
  • English
Date of decision
Feb 3, 2020
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
Judgment
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Cybersecurity in Elections: Developing a Holistic Exposure and Adaptation Testing (HEAT) Process for Election Management Bodies

Document contents
opening up the process to accusations of foreign interference. The Democratic Republic of Congo (DRC) is currently facing controversy over its procurement of EVMs
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Legal Issue and/or Topic
  • Electoral Fraud
Language
  • English
Resources
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Decision 207183

Procedural history
The applicant then appealed to the Republic Election Commission, which rejected his appeal.
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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
Judgment
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Decision No. 207182

Procedural history
The Republic Election Commission (REC) ruled against the complainant.
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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
Judgment
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