Election Judgments - IFES

Election Judgments - IFES

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Title
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Legal Issue(s)
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Legal Issue and/or Topic
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CH-02
Apr 30, 2025
Judgment
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?
  • Electoral Maps and Districting
Suriname
  • Dutch
Aug 5, 2022
CH-02
Apr 28, 2025
Judgment Submission Form
  • Electoral Maps and Districting
United States of America
Aug 5, 2022
2018Hun-Ma551
Nov 1, 2024
Judgment
Whether prohibiting elementary and secondary schoolteachers from establishing and joining political parties unreasonably infringes on their right to freedom of association. Whether the ban on elementary and secondary schoolteachers creating or being members of “other political organizations” as stated in Article 65(1) of the State Public Officials Act is clear and meets the balancing test set up by the court to justify a restriction on political rights.
  • Freedom of association and assembly
  • Voters' Rights
South Korea
  • English
Apr 23, 2020
Electoral Justice for All: A Practitioner's Guide to Increasing Women's Access to Electoral Justice
Oct 1, 2024
Resources
  • Election Accessibility
  • Electoral Inclusion
  • Electoral Inclusion
  • English
Staatkundig Gereformeerde Partij v. the Netherlands
Aug 9, 2024
Judgment
Whether religiously affiliated parties can exclude women from running as candidates on the grounds that forcing the party to host women candidates violates its freedom of religious expression, as it believes women are unsuited for public office?
  • Gender
Netherlands
  • English
Jul 10, 2012
Kitute v. Independent Electoral and Boundaries Commission
Aug 9, 2024
Judgment
Is electronic evidence submitted in support of allegations of election fraud subject to the Evidence Act, which requires authentication or certification by an appropriate authority or expert?
  • Civil Procedure
  • Disputing Results
  • Electoral Administration Irregularities
  • Electoral Integrity
  • Electronic Voting
Kenya
  • English
Nov 6, 2017
Odinga, et. al v. Ruto
Aug 9, 2024
Judgment
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?
  • Civil Procedure
  • Disputing Results
  • Electoral Administration Irregularities
  • Electoral Integrity
  • Electronic Voting
  • EMB Operation
Kenya
  • English
Sep 5, 2022
Alexander v. South Carolina State Conference of the NAACP
Aug 9, 2024
Judgment
Whether the South Carolina legislature “subordinated” race-neutral districting criteria to draw a Congressional district map in the state and overtly relied on racial considerations.
  • Electoral Maps and Districting
United States of America
  • English
May 23, 2024
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?.
  • Deadline(s)
  • Disputing Results
  • Electoral Integrity
Vanuatu
    Jun 24, 2020
    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?
    • Conflict of Interests
    • Improper Practices
    Vanuatu
      Sep 9, 2022
      Wale v. Attorney-General
      Jan 31, 2024
      Judgment
      (1) Whether an unregistered party is considered a “non-contesting party” and is thus prohibited from forming a coalition with registered parties or independent groups in Parliament. (2) Whether the party registration requirement under the Political Party law to prove a certain number of registered voters support the formation of a party interferes with the voluntary nature of political parties and is a violation of the constitutional rights to freedom of association and assembly?
      • Freedom of association and assembly
      • Party Registration
      • Voters' Rights
      Solomon Islands
        Nov 14, 2014
        Samuel v. Chief Electoral Officer et al.
        Jan 24, 2024
        Judgment
        (1) Whether Chief Electoral Officer (“CEO”) erred in rejecting a candidate’s request for a re-count due to a close mayoral race with 3,25% of vote difference and alleged violations? (2) Whether the refusal to add a name of a voter to the voter registry beyond the deadline for voter registration can be raised as a class action to protect the rights of voters?
        • Disputing Results
        • EMB Operation
        Marshall Islands
        • English
        Aug 31, 2018
        Lessons on the Use of Technology in Elections
        Nov 8, 2023
        Resources
        • Election Dispute Resolution
        • Legal Frameworks
        • Regional Jurisprudence
        • English
        Lessons on Disinformation and Election Disputes
        Nov 7, 2023
        Resources
        • Election Dispute Resolution
        • Judicial Independence
        • Legal Frameworks
        • English
        Alternative Dispute Resolution in Elections: Practitioner Brief
        May 5, 2023
        Resources
        • Election Dispute Resolution
        • English
        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
        Bench Book on Electoral Dispute Resolution
        Oct 12, 2022
        Resources
        • Election Dispute Resolution
        • Judicial Independence
        • Legal Frameworks
        • Regional Jurisprudence
        • English
        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
        Election Dispute Resolution Report 2020
        Dec 23, 2021
        Resources
        • Election Dispute Resolution
        • Legal Frameworks
        • Regional Jurisprudence
        • English
        Election Case Law Analysis Series: Lessons for Regulating Campaigning on Social Media
        Dec 22, 2021
        Resources
        • Legal Frameworks
        • English
        Election Case Law Analysis Series: Lessons on Gender Equality and Women’s Political Participation
        Dec 22, 2021
        Resources
        • Electoral Inclusion
        • English
        Guide Electoral, Tome III Référencement jurisprudentiel 2006-2018
        Dec 22, 2021
        Resources
        • Election Dispute Resolution
        • French
        Manuel de Capitalisation des Bonnes Pratiques en Matière de Contentieux Électoral dans l'Espace Francophone
        Dec 22, 2021
        Resources
        • Election Dispute Resolution
        • French
        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
        Electoral Justice: Here, Now, Tomorrow [The Case of Serbia]
        Oct 25, 2021
        Resources
        • Election Dispute Resolution
        • English
        • Serbian
        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
          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.
          • Candidate Registration
          Libya
          • Arabic
          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.
          • Elections as a Fundamental Right
          Ethiopia
          • Amharic
          May 27, 2021
          VerfGH Thuringia, 07/15/2020 - VerfGH 2/20
          Oct 19, 2021
          Judgment
          Is a gender quota statute constitutional?
          • Gender
          • Quotas
          Germany
          • German
          Jul 15, 2020
          VerfGBbg, judgment of 23 October 2020 - VfGBbg 9/19
          Oct 19, 2021
          Judgment
          Are gender quotas constitutional?
          • Gender
          • Quotas
          Germany
          • German
          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
          • Gender
          • Quotas
          Germany
          • German
          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.
          • Gender
          • Quotas
          Samoa
          • English
          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
          • Electoral Inclusion
          • Electoral Inclusion
          • Spanish
          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.
          • Gender
          Germany
          • German
          Dec 15, 2020

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