Election Judgments - IFES

Election Judgments - IFES

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17 shown of 17 entities

August v Electoral Commission of South Africa

Document contents
the right. In Sri Lanka it is 6 months, in Canada 2 years, in New Zealand 3 years, in Australia 5 years. In the United Kingdom and Japan all
Question Presented
Whether prisoners retained their constitutional right to vote under the 1996 Constitution, and, if so, whether the IEC was obligated to take active steps to facilitate their registration and voting, particularly in the absence of any parliamentary legislation that explicitly disenfranchised them.
Legal Issue(s)
  • Elections as a Fundamental Right
  • Voter Registration
  • Voters' Rights
Country
South Africa
Language of Decision
  • English
Date of decision
Apr 1, 1999
Date added
Jul 9, 2026
Judgment
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Palmer v. Australian Electoral Commission (AEC)

Document contents
s 7(1)(c) and (f). 39 See, eg, Morton v Union Steamship Co of New Zealand Ltd (1951) 83 CLR 402 at 410; [1951] HCA 42; Kathleen Investments (Aust)
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Question Presented
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.
Legal Issue(s)
  • Electoral Administration Irregularities
  • EMB Operation
Country
Australia
Language of Decision
  • English
Date of decision
Aug 14, 2019
Date added
Oct 14, 2022
Judgment
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Election Case Law Analysis Series: Lessons for Regulating Campaigning on Social Media

Document contents
A review of the litigation in this space, from France to Moldova and New Zealand to Mexico, found that new and tailored approaches that go beyond extending existing
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Legal Issue and/or Topic
  • Legal Frameworks
Language
  • English
Date added
Dec 22, 2021
Resources
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Legal Considerations when Delaying or Adapting Elections

Document contents
Preparedness and the New Zealand General Election, Public Address (15 березня 2020 р., 1:00 PM), адреса: https://publicaddress.net/legalbeagle/pandemic-preparedness-and-the-new-zealand/. 23 Andrew
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Legal Issue and/or Topic
  • Election Postponement
Language
  • Ukrainian
Date added
Jul 29, 2020
Resources
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Hong Kong Police Force v. Electoral Affairs Commission

Document contents
are provisions for “silent”, “unpublished” or “anonymous” electors in Australia, New Zealand and the UK[11], all of which seek to cater for genuine and properly
Question Presented
Whether a publicly accessible voter list violates the right to privacy?
Legal Issue(s)
  • Voter Registration
Country
Hong Kong
Language of Decision
  • English
Date of decision
May 5, 2020
Date added
Jul 24, 2020
Judgment
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Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors, and Lawyers

Document contents
abovementioned ground.55 New Zealand: The 1994 Simpson v. Attorney General case, one of the most famous human rights cases in New Zealand, originated in an
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
  • Portuguese
Date added
Jul 17, 2020
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Attorney General v. Taylor

Procedural history
In 1905 of New Zealand removed the post-conviction disqualification of prisoners from voting.
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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
Date added
Jul 10, 2020
Judgment
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Legal Considerations When Delaying or Adapting Elections

Document contents
a presidential election.20 In New Zealand, it is possible to postpone elections, but only with a supermajority. As New Zealand does not have a written
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Legal Issue and/or Topic
  • COVID-19 (Postponement and Accessibility)
  • Election Postponement
Language
  • English
  • Ukrainian
Date added
Jul 6, 2020
Resources
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Electoral Commission v. Watson

Country
New Zealand
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Question Presented
Whether the video and song Planet Key are considered election advertisements and/or election programs.
Legal Issue(s)
  • Social Media
Country
New Zealand
Language of Decision
  • English
Date of decision
Oct 20, 2016
Date added
Jun 19, 2020
Judgment
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International Covenant on Civil and Political Rights

Document contents
3a POR LOS PA!SES BAJOS: D. G. E. MlDDELBURG 25 June 1969 FOR NEW ZEALAND : POUR LA NOUVELLE-ZÉLANDE: 3a Rony H) POR NUEVA ZELANDIA: FRANK HENRY
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Legal Issue and/or Topic
  • International Treaty
Language
  • English
Date added
Jul 10, 2019
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Bangladesh 16th amendment ruling

Document contents
(federal), Bangladesh, Malawi, Canada, Malta, India, Maldives, Kiribati, Nauru, New Zealand, Samoa, Sierra Leone, South Africa, Sri Lanka, Tuvalu and the United
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Question Presented
Does the 16th amendment, which allows the legislature to remove Supreme Court justices on grounds of incapacity or misconduct, violate the Constitution?
Legal Issue(s)
  • EMB Independence
  • Judicial Independence
Country
Bangladesh
Language of Decision
  • English
Date of decision
Jul 3, 2017
Date added
Jul 8, 2019
Judgment
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GUARDE: Guidelines for Understanding, Adjudicating, and Resolving Disputes in Elections

Document contents
“complete democracies” such as in Western Europe, North America, Australia and New Zealand, in stable democracies like Brazil, India, Mexico and parts of Eastern
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
Date added
Jul 2, 2019
Resources
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The Hierarchy of Laws: Understanding and Implementing the Legal Frameworks that Govern Elections

Document contents
to international law. In some countries, such as the United Kingdom and New Zealand, constitutional principles may be found in several statutes, treaties and even
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Legal Issue and/or Topic
  • Electoral Fraud
Language
  • English
Date added
Jul 2, 2019
Resources
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Electoral Justice Regulations Around the World: Key findings from International IDEA's global research on electoral dispute-resolution systems

Document contents
Parties Act 2002 in Sierra Leone and the Broadcasting Act 1989 in New Zealand classify certain types of misconduct related to campaign finance as criminal
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
Date added
Jul 2, 2019
Resources
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Electoral Justice: The International IDEA Handbook

Document contents
electoral rights. Some countries grant electoral rights to resident foreigners. New Zealand does so for all elections. Other countries, for example, Argentina, Canada
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
Date added
Jul 2, 2019
Resources
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Quinn Leandro v. Jonas

Document contents
after that hour to the polling booth for the purpose of voting. In New Zealand, statute64 provides that the poll at every election shall commence at
Legal Issue(s)
  • Disputing Results
  • Electoral Administration Irregularities
  • Electoral Integrity
Country
Antigua and Barbuda
Language of Decision
  • English
Date of decision
Oct 27, 2010
Date added
Jun 20, 2019
Judgment
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Odinga v. IEBC

Document contents
candidate only where a clear preference for that candidate is indicated; in New Zealand, Sections 178179 of the Electoral Act 1993 makes a distinction between
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Question Presented
Which party has the burden of proof to contest an election?
Legal Issue(s)
  • Disputing Results
  • Electoral Integrity
Country
Kenya
Language of Decision
  • English
Date of decision
Sep 1, 2017
Date added
Jun 19, 2019
Judgment
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