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Title | Date added | Template | Question Presented | Legal Issue(s) | Country | Language of Decision | Date of decision |
---|---|---|---|---|---|---|---|
Barthelemy v. President of the Republic of Vanuatu | Jan 31, 2024 | Judgment | (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? |
| Vanuatu | Sep 9, 2022 | |
Nmalamuwomu v. Shadrack | Jan 31, 2024 | Judgment | Whether the filing deadline for an election petition alleging vote buying made up to and on polling day runs for 21 days after the alleged payment,, or 21 days after the election result is released in the Official Gazette?. |
| Vanuatu | Jun 24, 2020 | |
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. |
| Nepal |
| 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. |
| Nepal |
| 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. |
| Nepal |
| Mar 21, 2018 |
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. |
| Australia |
| Aug 14, 2019 |
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. |
| Kenya |
| Jun 13, 2022 |
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. |
| Moldova |
| Jun 25, 2018 |
The National Electoral Board of Ethiopia v. The Harari Peoples’ Regional State, Harari National Congress | Oct 19, 2021 | Judgment | Whether the decision by the Election Bench of the FSC ordering the NEBE to continue the practice, during the 6th general elections, of allowing members of the Harari community residing outside of the Harari People’s Regional State to elect members of the Harari National Congress (which is part of the Harari People’s Regional State Council (regional parliament)) contained an error of law. |
| Ethiopia |
| May 27, 2021 |
Supreme Court of Samoa, Faatuatua I Le Atua Samoa Ua Tasi (F.A.S.T. Party) v. Electoral Commissioner | Oct 19, 2021 | Judgment | A couple of questions are presented to the Supreme Court. First, whether the Electoral Commissioner acted unlawfully when he activated Article 44(1A) and whether they are mandated to implement Article 44(1A), and if so, the timeframe to invoke it. |
| Samoa |
| May 14, 2021 |
1996 (Gyo Tsu) 28 [Judgment of the Second Petty Bench, partially dismissed, partially quashed, and partially terminated] | Jun 29, 2020 | Judgment | Whether denying absentee ballots to voters outside of the country for official ballots is sufficient to dispute the election result. |
| Japan |
| May 31, 1996 |
1999 (Gyo Tsu) 35 [Judgment of the Grant Bench, dismissed by the Supreme Court] | Jun 29, 2020 | Judgment | Whether the unequal treatment between independent and political party candidates regarding broadcasting during campaigns was unconstitutional. |
| Japan |
| Oct 19, 1999 |
2017 (Gyo Tsu) 47 [Judgments concerning the constitutionality of the provisions on the apportionment of seats for members (to be elected by constituency) of the House of Councillors stipulated in Article 14 and Appended Table 3 of the Public Offices Election Act] | Jun 29, 2020 | Judgment | Whether the electoral code system, in light of the migration from constituencies, should be declared unconstitutional? |
| Japan |
| Sep 17, 2017 |
Mutharika v. Chilima | Jun 8, 2020 | Judgment | Whether the standard that candidate must receive a majority of the votes means the highest percentage of votes or over 50%? |
| Malawi |
| May 8, 2020 |
Deshapriya v. Divisional Secretary | Jul 10, 2019 | Judgment | Whether public officers may be required to canvas for elected officials? |
| Sri Lanka |
| Aug 20, 1999 |
Odinga v. IEBC | Jun 19, 2019 | Judgment | Which party has the burden of proof to contest an election? |
| Kenya |
| Sep 1, 2017 |
McEwing v. Attorney General | Jun 23, 2020 | Judgment | Whether the phone calls had any impact on the final election results and if those results were sufficient to annul the election results. |
| Canada |
| May 23, 2013 |
Wendenberg v. Netherlands | Jul 24, 2020 | Judgment | Whether an electoral bribe must be for the amount promised in order to be a criminal offense. |
| Netherlands |
| Apr 9, 2019 |
Baytan v. Commission on Elections | Sep 23, 2020 | Judgment | Whether petitioner's voluntary disclosure and alleged good faith mistake is sufficient to survive a preliminary hearing requiring only probable cause? |
| Phillippines |
| Feb 4, 2003 |
Karnwea v. National Elections Commission | Oct 1, 2020 | Judgment | Whether an investigation is necessary to prohibit a candidate from running when they allegedly do not meet the qualifications? Whether the Election Commission may go beyond the statutorily prescribed penalties for not meeting a qualification? |
| Liberia |
| Jul 20, 2017 |
In re Article 27 (3) & (8) of the Constitution of Kenya 2010 | Oct 2, 2020 | Judgment | Whether failure to enact the two-third gender rule despite Court orders to do so calls for dissolvement of the Parliament. |
| Kenya |
| Sep 21, 2020 |
Wisconsin Legislature v. Evers (state Supreme Court Decision, please see United States Supreme Court order on the application for stay) | Jun 2, 2020 | Judgment | Whether the Governor may suspend election laws two days before the election? |
| United States of America |
| Apr 6, 2020 |
Abubakar v. Independent Electoral Commission | Jun 3, 2020 | Judgment | Whether the President was not duly elected to his position based upon alleged corruption in the vote counting. |
| Nigeria |
| Nov 5, 2019 |
Chilima v. Mutharika (lower court decision) | May 22, 2020 | Judgment | 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. |
| Malawi |
| Feb 3, 2020 |
Citizens United v. Federal Election Commission | Jul 22, 2019 | Judgment | 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? |
| United States of America |
| Jan 21, 2010 |
Yushchenko vs CEC | Jun 17, 2020 | Judgment |
| Ukraine |
| Dec 3, 2004 | |
Opitz v. Wrzesnewskyj | Jul 23, 2019 | Judgment | Were irregularities related to voter registration significant enough to annul the elections? Which approach should be followed in determining electoral irregularities? |
| Canada |
| Oct 25, 2012 |
Uzodinma v. Ihedioha | Jun 2, 2020 | Judgment | Whether the votes administered on incorrect ballots were improperly considered void. Whether the Governor failed to ascertain a majority vote based upon those results. |
| Nigeria |
| Jan 14, 2020 |
Kham v. Electoral Commission | Jun 20, 2019 | Judgment | Should elections be annulled when the IEC did not provide timely access to voter rolls to the petitioners before elections? |
| South Africa |
| Nov 1, 2015 |
Tchimon v. Issouf | Jul 22, 2019 | Judgment | Whether violence and disturbance against voters at polling centers took place and whether the elected candidate (defendant) was aware/ responsible for these violations? Whether these violations at the polling stations altered the fairness of the polls on election day? |
| Ivory Coast |
| Nov 30, 2018 |