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Title | Date added | Template | Question Presented | Legal Issue(s) | Country | Language of Decision | Date of decision | Legal Issue and/or Topic | Language |
|---|---|---|---|---|---|---|---|---|---|
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 | ||
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. |
| Palestine |
| 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. |
| Australia |
| 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. |
| Colombia |
| Mar 12, 2020 | ||
Bench Book on Electoral Dispute Resolution | Oct 12, 2022 | Resources |
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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. |
| Serbia |
| 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. |
| Lebanon |
| 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. |
| Serbia |
| 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. |
| Romania |
| 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. |
| Romania |
| 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. |
| United States of America |
| 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. |
| South Korea |
| 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. |
| South Korea |
| 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. |
| Kenya |
| 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. |
| Colombia |
| 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. |
| Colombia |
| 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. |
| Colombia |
| 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. |
| Colombia |
| 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. |
| Colombia |
| 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. |
| Colombia |
| 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. |
| Colombia |
| 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. |
| Zambia |
| 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. |
| Kenya |
| 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. |
| United States of America |
| Jun 8, 2018 | ||
Election Dispute Resolution Report 2020 | Dec 23, 2021 | Resources |
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Election Case Law Analysis Series: Lessons for Regulating Campaigning on Social Media | Dec 22, 2021 | Resources |
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Election Case Law Analysis Series: Lessons on Gender Equality and Women’s Political Participation | Dec 22, 2021 | Resources |
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Guide Electoral, Tome III Référencement jurisprudentiel 2006-2018 | Dec 22, 2021 | Resources |
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Manuel de Capitalisation des Bonnes Pratiques en Matière de Contentieux Électoral dans l'Espace Francophone | Dec 22, 2021 | Resources |
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O’Rourke v. Dominion Voting Systems, Inc | Nov 30, 2021 | Judgment | Whether to impose sanctions on the Plaintiff's attorneys for filing frivolous litigation. |
| United States of America |
| 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. |
| United States of America |
| 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. |
| Mexico |
| 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. |
| Moldova |
| Jun 25, 2018 | ||
Electoral Justice: Here, Now, Tomorrow [The Case of Serbia] | Oct 25, 2021 | Resources |
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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 |
| Dec 19, 2016 | |||
Albayda Judgment – Ali Tarhouni Case II (2016) | Oct 19, 2021 | Judgment | Whether the chairman of the CDA lost his Libyan citizenship and eligibility for office by obtaining American citizenship and marrying a foreigner. |
| Libya |
| Nov 28, 2016 | ||
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 | ||
VerfGH Thuringia, 07/15/2020 - VerfGH 2/20 | Oct 19, 2021 | Judgment | Is a gender quota statute constitutional? |
| Germany |
| Jul 15, 2020 | ||
VerfGBbg, judgment of 23 October 2020 - VfGBbg 9/19 | Oct 19, 2021 | Judgment | Are gender quotas constitutional? |
| Germany |
| Oct 23, 2020 | ||
VerfGBbg, judgment of 23. October 2020 - VfGBbg 55/19 | Oct 19, 2021 | Judgment | Whether the gender quota under the Parity Act is constitutional |
| Germany |
| Oct 23, 2020 | ||
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 | ||
Guidelines for National Political Parties and, where appropriate, Local Political Parties, to prevent, attend, sanction, repair and eradicate political violence against women based on gender | Oct 6, 2021 | Resources |
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BVerfG, decision of the Second Senate of December 15, 2020 | Oct 6, 2021 | Judgment | Whether the non-parity nomination of candidates for the Bundestag election by the parties constitutes a major electoral error that has a decisive impact on the distribution of seats and the validity of the election. |
| Germany |
| Dec 15, 2020 | ||
In the Matter of Rudolph W. Giuliani, an Attorney (United States) | Aug 18, 2021 | Judgment | Whether Mr. Giuliani’s conduct, as a lawyer perpetuating false statements about widespread voter fraud during the 2020 United States presidential election, violated New York's professional rules of conduct? |
| United States of America |
| Jun 24, 2021 | ||
The Right to Participate in the Government of One's Country in the Context of an Election Held During a Public Health Emergency or a Pandemic, Such as the COVID-19 Crisis, No. 001/2020, Advisory Opinion, African Court on Human and Peoples' Rights [Afr. Ct. H.P.R.] (July 16, 2021). | Jul 26, 2021 | Resources |
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Conseil d'État (CE), 6ème chambre, 28 May 2021, N° 445567 (unpublished in Lebon collection) | Jul 20, 2021 | Judgment | There are a few issues. 1) Whether an opposing candidate’s advertisement purchased and disseminated on Facebook prior to the campaign period violated article L. 52-1; 2) Whether an outdoor campaign advertisement posted near a busy street and restaurant and shared on Facebook violated Article L. 51; 3) Whether the opposing candidate disseminated false or misleading information about voting by proxy procedures under Article L. 97; 4) Whether opposing candidate defamed complainant under Article 48-2 with a leaflet during the electoral silence period.; and 5) Whether the level of voter abstention observed is sufficient to cancel electoral operations. |
| France |
| May 28, 2021 | ||
Conseil d'État (CE), 4ème chambre, 31 May 2021, N° 441849 (unpublished in Lebon collection) | Jul 20, 2021 | Judgment | Whether an incumbent mayoral candidate’s advertisement purchased and disseminated on Facebook prior to the campaign period violated article L. 52-1. Whether the level of voter abstention observed is sufficient to cancel electoral operations. |
| France |
| May 31, 2021 | ||
(Mexico) SUP 2020 REC 102 924628 | Jul 1, 2021 | Judgment | Whether indigenous customs for men to elect political leaders outweigh the principles of non-discrimination, equality and gender parity, as well as the right of "every woman [...] to a life free of violence, both in the public and private spheres" and to "freely and fully exercise their political rights.” |
| Mexico |
| Sep 15, 2020 | ||
(Mexico) SM JDC 0167 2021 | Jul 1, 2021 | Judgment | Whether it was incorrect that the request for a citizen's trial that he filed in the initial instance was processed as a complaint, considering that this is the ideal way in which a favorable resolution could be obtained that guarantees the inclusion of members of the LGBTQIA+ community. Whether political parties are obligated to have a quota for candidates that identify as LGBTQIA+ to guarantee their inclusion in the political process. |
| Mexico |
| Mar 31, 2021 | ||
(Mexico) SCM JDC 0412 2021 | Jul 1, 2021 | Judgment | Whether there is an obligation among political parties to comply with a candidate quota that included people from the LGBTQIA + community even though there was no legal order or law to do so. |
| Mexico |
| Apr 3, 2021 | ||
(Mexico) SX JE 0003 2021 | Jun 23, 2021 | Judgment | Whether there were procedural irregularities in the lower court’s decision based on the timeliness of the complaint and lack of notice by the court. Whether evidence from Facebook and WhatsApp demonstrating gender based political violence were illegally obtained and possess the truth and veracity it asserts. |
| Mexico |
| Jan 21, 2021 | ||
Budding Democracy or Judicialisation: Lessons from Africa’s Emerging Electoral Jurisprudence | Jun 4, 2021 | Resources |
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Plaaslike Besorgde Inwoners v. Independent Electoral Commission | Feb 17, 2021 | Judgment | Whether the municipal government elections for four wards in the George Local Municipality should be annulled due to alleged wrongs and irregularities in the voting and counting procedures. |
| South Africa |
| Jan 5, 2021 | ||
Election Investigations Guidebook | Dec 28, 2020 | Resources |
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Trump for President, Inc. v. Boockvar | Dec 28, 2020 | Judgment | Whether it violates the Equal Protection Clause of the Constitution for Pennsylvania to give counties the discretion to adopt "notice and cure" policies (to provide notice to voters whose mail-in ballots were procedurally defective and an opportunity to cure their ballots). |
| United States of America |
| Nov 21, 2020 | ||
Germin Organization v. Central Election Commission | Oct 15, 2020 | Judgment | 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. |
| Kosovo |
| Oct 19, 2019 | ||
Western Native Voice v. Stapleton | Oct 9, 2020 | Judgment | Whether the Ballot Interference Prevention Act violates the Plaintiff’s right to vote, right to free speech, right to association, and due process. |
| United States of America |
| Sep 25, 2020 | ||
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 |