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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
- 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
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
- 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
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:
- Date of Decision
- Aug 5, 2022
Judgment Submission Form
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:
- 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
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
- 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
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
Judgment
Decision 207183
Procedural history
The applicant then appealed to the Republic Election Commission, which rejected his appeal.
- 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
King v. Whitmer
Document contents
election machines and software filed against
Powell and her company, Defending the Republic,
Inc.: U.S. Dominion, Inc. v. Powell, No. 1:21-cv00040 (D.D.C. filed Jan.
- Question Presented
- Whether to impose sanctions on the Plaintiff’s attorneys for filing frivolous litigation in violation of Rule 11 of the Federal Rules of Civil Procedure.
- Legal Issue(s)
- Frivolous Litigation
- Country
- United States of America
- Language of Decision
- English
- Date of decision
- Aug 25, 2021
Judgment
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
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
New Nation Movement NPC and Others v President of the Republic of South Africa
- Question Presented
- Whether the requirement of political party membership for candidate eligibility is constitutional.
- Legal Issue(s)
- Candidate Registration
- Country
- South Africa
- Language of Decision
- English
- Date of decision
- Jun 11, 2020
Judgment
Texas Democratic Party v. Abbott
Document contents
vote by
mail.
Otherwise, according to the district court, “our democracy and the
Republic would be lost and government of the people, by the people and for the
people
- Question Presented
- Whether the COVID-19 pandemic constitutes a disability under Texas law sufficient to modify the vote-by-mail system.
- Legal Issue(s)
- Elections as a Fundamental Right
- Health Concerns & Election Administration
- Country
- United States of America
- Language of Decision
- English
- Date of decision
- Jun 4, 2020
Judgment
Mutharika v. Chilima
Document contents
Constitution of the Republic of Malawi;
10
(b)
whether the [2nd] Respondent breached its duty under section 77 ofthe
Constitution of the Republic of Malawi; and
- Question Presented
- Whether the standard that candidate must receive a majority of the votes means the highest percentage of votes or over 50%?
- Legal Issue(s)
- Voting Systems (Winner-take-all, proportional, etc.)
- Country
- Malawi
- Language of Decision
- English
- Date of decision
- May 8, 2020
Judgment
In re Representation of People Act and the September 7, 2015 Elections.
Document contents
THE REPUBLIC OF TRINIDAD AND TOBAGO
IN THE COURT OF APPEAL
Port of Spain
Civil Appeal Number: S 293 of 2016
Claim Number: CV 2015-03128
IN THE MATTER OF THE
- Question Presented
- Whether the potential for Chief Justice bias is sufficient to overturn the dismissal of a petition challenging election results.
- Legal Issue(s)
- Civil Procedure
- Electoral Integrity
- Judicial Independence
- Country
- Trinidad and Tobago
- Language of Decision
- English
- Date of decision
- Feb 6, 2020
Judgment
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,
- 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
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
- 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
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.
- 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
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.
- 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
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
PDK 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.
- Question Presented
- Whether the technical omission from the Kosovo ballots warrants a recount prior to the final election results.
- Legal Issue(s)
- Civil Procedure
- Vote Form Irregularities
- Country
- Kosovo
- Language of Decision
- English
- Date of decision
- Oct 18, 2019
Judgment
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
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.
- Legal Issue(s)
- Civil Procedure
- Technology
- Country
- Kosovo
- Language of Decision
- English
- Date of decision
- Oct 10, 2019
Judgment
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.
- 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
Nisma-Akr-PD v. Polling Station 211B
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 there is sufficient evidence to bar the election officials from participating in elections or election administration after they lost ballots.
- Legal Issue(s)
- Electoral Integrity
- EMB Operation
- Vote Form Irregularities
- Country
- Kosovo
- Language of Decision
- English
- Date of decision
- Oct 10, 2019
Judgment
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
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
- 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
Khuhro v. Khan
Document contents
disqualification as envisaged in Article 62(1)(f)
of the Constitution of the Islamic Republic of Pakistan, 1973
(‘the Constitution”) as well as provisions of the Election Act,
- Question Presented
- Whether misstatements on the candidate’s election papers are sufficient to declare an election void.
- Legal Issue(s)
- Candidate Registration
- Electoral Integrity
- Country
- Pakistan
- Language of Decision
- English
- Date of decision
- Aug 1, 2019
Judgment
Rucho v. Common Cause
Document contents
the body politic.” G. Wood, Empire of Liberty: A History of the Early
Republic, 1789–1815, p. 140 (2009).
10
RUCHO v. COMMON CAUSE
KAGAN, J., dissenting
- Question Presented
- Whether partisan issues such as gerrymandering are justiciable by the court.
- Legal Issue(s)
- Electoral Maps and Districting
- Country
- United States of America
- Language of Decision
- English
- Date of decision
- Jun 27, 2019
Judgment
Tanganyika Law Society v. Tanzania
Procedural history
The National Assembly of the United Republic of Tanzania passed a law requiring all candidates for Presidential
- Question Presented
- Whether the Tanzania regulation prohibiting independent candidates from seeking public office is unconstitutional?
- Legal Issue(s)
- Candidate Registration
- Judicial Independence
- Country
- Tanzania. United Republic of
- Language of Decision
- English
- Date of decision
- Jun 14, 2019
Judgment
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
- 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