Election Judgments - IFES

Election Judgments - IFES

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Title
Date added
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Question Presented
Legal Issue(s)
Country
Language of Decision
Date of decision
Madhav Prasad Paudel and others vs Office of the PM, Local development Ministry, Election Commission Nepal et. al
Jan 13, 2023
Judgment
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.
  • Election Date
  • Electoral Integrity
Nepal
  • Nepali
Nov 7, 2012
Chaturman Beda vs Election Special Court and others
Jan 13, 2023
Judgment
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.
  • Candidate Registration
  • Disputing Results
  • Electoral Integrity
Nepal
  • Nepali
Feb 14, 1990
Advocate Prem Chandra Rai vs Government of Nepal
Jan 13, 2023
Judgment
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.
  • Accessibility
  • Elections as a Fundamental Right
  • Out of Country Voting
Nepal
  • Nepali
Mar 21, 2018
City for All List, et. al v. Palestinian Central Election Commission, et. al
Jan 4, 2023
Judgment
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.
  • Candidate Eligibility
  • Candidate Registration
Palestine
  • Arabic
Apr 23, 2017
Palmer v. Australian Electoral Commission (AEC)
Oct 14, 2022
Judgment
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.
  • Electoral Administration Irregularities
  • EMB Operation
Australia
  • English
Aug 14, 2019
Monroy Hernandez v. Molano Granados
Oct 14, 2022
Judgment
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.
  • Abuse of State Resources (ASR)
  • Disputing Results
  • Electoral Integrity
Colombia
  • Spanish
Mar 12, 2020
Decision 207183
Sep 19, 2022
Judgment
Whether the Sabac City Assembly was the proper authority to hear a challenge about the conduct of a referendum.
  • Civil Procedure
  • Electoral Administration Irregularities
Serbia
  • Serbian
Feb 3, 2022
Decision No. 1 (1995)
Sep 16, 2022
Judgment
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.
  • Civil Procedure
Lebanon
  • French
Nov 2, 1995
Decision No. 207182
Sep 16, 2022
Judgment
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.
  • Accessibility
  • Electoral Administration Irregularities
  • Vote Form Irregularities
Serbia
  • Serbian
Feb 3, 2022
Decision 701/2020
Sep 16, 2022
Judgment
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.
  • Candidate Registration
  • Civil Procedure
Romania
  • Romanian
Aug 17, 2020
Decision 378/2020
Sep 16, 2022
Judgment
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.
  • Candidate Registration
  • Gender
Romania
  • Romanian
Oct 26, 2020
In the Matter of Rudolph W. Giuliani
Sep 16, 2022
Judgment
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.
  • Civil Procedure
  • Disputing Results
United States of America
  • English
Apr 4, 2022
2018Hun-Ma456
Sep 14, 2022
Judgment
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.
  • Criminal Procedure
  • Social Media
South Korea
  • English
Jan 28, 2021
2017Hun-Ma813
Sep 14, 2022
Judgment
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.
  • Accessibility
  • Elections as a Fundamental Right
  • Electoral Administration Irregularities
South Korea
  • English
Aug 28, 2020
Odhiambo Oduol v. Independent Electoral & Boundaries Commission
Sep 14, 2022
Judgment
Whether petitioner’s affidavit verifying a video recording meets the evidentiary burden outlined in Section 107 of the Evidence Act relating to electronic evidence.
  • Disputing Results
  • Electoral Integrity
  • Vote Verification and Transmission
Kenya
  • English
Jun 5, 2013
Ledezma Acosta v. Ausecha Ordóñez and Armando Guevara Bravo
Sep 13, 2022
Judgment
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.
  • Candidate Registration
  • Disputing Results
  • Party Registration
  • Quotas
Colombia
  • Spanish
Sep 17, 2020
Núñez de Armas v. Magdaniel Hernández
Sep 13, 2022
Judgment
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.
  • Candidate Registration
Colombia
  • Spanish
Dec 16, 2020
Ramos Rojas v. Sanabria Chacón
Sep 13, 2022
Judgment
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.
  • Candidate Registration
Colombia
  • Spanish
Dec 3, 2020
Zambrano Castro v. National Electoral Council
Sep 13, 2022
Judgment
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.
  • Candidate Registration
  • Civil Procedure
Colombia
  • Spanish
Oct 29, 2020
Ortiz Daza v. Act Declaring the Election of Candelo Riascos
Sep 13, 2022
Judgment
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.
  • Candidate Registration
  • Disputing Results
Colombia
  • Spanish
Dec 10, 2020
Ospina Carballo v. Restrepo Gallego
Sep 13, 2022
Judgment
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.
  • Disputing Results
Colombia
  • Spanish
Nov 5, 2020
Medina Padilla v. Aguilar Hurtado
Sep 13, 2022
Judgment
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.
  • Candidate Registration
  • Disputing Results
  • Party Registration
Colombia
  • Spanish
Aug 20, 2020
Masumba v. Kamondo
Sep 13, 2022
Judgment
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.
  • Disputing Results
  • Electoral Violence and Intimidation
Zambia
  • English
Nov 17, 2017
Marube Ombeta, Kamotho Njenga v. Independent Electoral and Boundaries Commission
Sep 13, 2022
Judgment
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.
  • Candidate Registration
  • Gender
  • Quotas
Kenya
  • English
Jun 13, 2022
State of Washington v. Facebook, Inc.
Sep 13, 2022
Judgment
Whether Facebook violated election law by not maintaining records of their political advertising and failing to make those records available to the public.
  • Campaign Finance
  • Social Media
United States of America
  • English
Jun 8, 2018
O’Rourke v. Dominion Voting Systems, Inc
Nov 30, 2021
Judgment
Whether to impose sanctions on the Plaintiff's attorneys for filing frivolous litigation.
  • Frivolous Litigation
United States of America
  • English
Aug 3, 2021
King v. Whitmer
Nov 29, 2021
Judgment
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.
  • Frivolous Litigation
United States of America
  • English
Aug 25, 2021
SUP-REP-16/2016 Y SUP-REP-22/2016 ACUMULADOS
Oct 26, 2021
Judgment
Whether the Green Party of Mexico and various famous persons were rightfully sanctioned for alleged campaign violations.
  • Social Media
Mexico
  • Spanish
Apr 20, 2016
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
Oct 26, 2021
Judgment
Whether the 2018 mayoral election in Chisinau were appropriately annulled due to violations of the electoral silence period on election day.
  • Disputing Results
  • Social Media
Moldova
  • Romanian
Jun 25, 2018
Albayda Judgment - Emergency Procedural Ruling
Oct 19, 2021
Judgment
Whether Libyan Constitution Drafting Assembly (“CDA”) members’ procedural change on vote quorum, from requiring 2/3 majority plus one of the entire CDA to 2/3 majority plus one of present members, violated the law.
Libya
  • Arabic
Dec 19, 2016

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