Election Judgments - IFES

Election Judgments - IFES

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Decision 207183

Question Presented
Whether the Sabac City Assembly was the proper authority to hear a challenge about the conduct of a referendum.
Legal Issue(s)
  • Civil Procedure
  • Electoral Administration Irregularities
Country
Serbia
Language of Decision
  • Serbian
Date of decision
Feb 3, 2022
Date added
Sep 19, 2022
Judgment
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Decision No. 207182

Question Presented
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.
Legal Issue(s)
  • Accessibility
  • Electoral Administration Irregularities
  • Vote Form Irregularities
Country
Serbia
Language of Decision
  • Serbian
Date of decision
Feb 3, 2022
Date added
Sep 16, 2022
Judgment
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In the Matter of Rudolph W. Giuliani

Question Presented
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.
Legal Issue(s)
  • Civil Procedure
  • Disputing Results
Country
United States of America
Language of Decision
  • English
Date of decision
Apr 4, 2022
Date added
Sep 16, 2022
Judgment
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Albayda Judgment - Emergency Procedural Ruling

Question Presented
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.
Country
Libya
Language of Decision
  • Arabic
Date of decision
Dec 19, 2016
Date added
Oct 19, 2021
Judgment
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Albayda Judgment – Ali Tarhouni Case II (2016)

Question Presented
Whether the chairman of the CDA lost his Libyan citizenship and eligibility for office by obtaining American citizenship and marrying a foreigner.
Legal Issue(s)
  • Candidate Registration
Country
Libya
Language of Decision
  • Arabic
Date of decision
Nov 28, 2016
Date added
Oct 19, 2021
Judgment
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Conseil d'État (CE), 6ème chambre, 28 May 2021, N° 445567 (unpublished in Lebon collection)

Question Presented
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.
Legal Issue(s)
  • Disputing Results
  • Social Media
Country
France
Language of Decision
  • French
Date of decision
May 28, 2021
Date added
Jul 20, 2021
Judgment
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Conseil d'État (CE), 4ème chambre, 31 May 2021, N° 441849 (unpublished in Lebon collection)

Question Presented
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.
Legal Issue(s)
  • Disputing Results
  • Social Media
Country
France
Language of Decision
  • French
Date of decision
May 31, 2021
Date added
Jul 20, 2021
Judgment
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(Mexico) SCM JDC 0412 2021

Question Presented
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.
Legal Issue(s)
  • Gender
  • Quotas
Country
Mexico
Language of Decision
  • Spanish
Date of decision
Apr 3, 2021
Date added
Jul 1, 2021
Judgment
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Yang v. Kellner

Question Presented
Whether removal of the candidates from the primary ballots after the termination of their campaign violates the voter’s right to elect the candidate of their choosing.
Legal Issue(s)
  • Candidate Registration
  • Elections as a Fundamental Right
Country
United States of America
Language of Decision
  • English
Date of decision
May 5, 2020
Date added
Sep 17, 2020
Judgment
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Seawright v. Board of Elections & In re Hawatmeh v. State Board of Elections

Question Presented
Whether late filings during the COVID-9 pandemic constitute unique circumstances that would permit remedy of the fatal defect when otherwise not provide in law.
Legal Issue(s)
  • Candidate Registration
  • Health Concerns & Election Administration
Country
United States of America
Language of Decision
  • English
Date of decision
May 21, 2020
Date added
Jul 27, 2020
Judgment
View

Mwiru v. Samson

Question Presented
Whether the respondent’s education failed to meet the requirements for candidacy. If so, whether the respondent’s election as a Member of Parliament should be annulled.
Legal Issue(s)
  • Disputing Results
  • Electoral Integrity
Country
Uganda
Language of Decision
  • English
Date of decision
Jun 28, 2011
Date added
Jul 24, 2020
Judgment
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Opendi v. Electoral Commission

Question Presented
Whether the invalidation of seventeen polling station results is sufficient grounds to annul the election results.
Legal Issue(s)
  • Disputing Results
  • Vote Form Irregularities
Country
Uganda
Language of Decision
  • English
Date of decision
Sep 23, 2011
Date added
Jul 24, 2020
Judgment
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Kyewalabye v. Electoral Commission

Question Presented
Whether the plaintiff has the evidentiary burden to contest the election results.
Legal Issue(s)
  • Civil Procedure
  • Disputing Results
Country
Uganda
Language of Decision
  • English
Date of decision
Oct 3, 2016
Date added
Jul 24, 2020
Judgment
View

Jampen v. State Council

Question Presented
Whether when two distinct constituencies have a single electoral body and drastically different populations, the constituencies must be severed and granted their own electoral bodies.
Legal Issue(s)
  • Elections as a Fundamental Right
  • Electoral Maps and Districting
Country
Switzerland
Language of Decision
  • German
Date of decision
Mar 20, 1963
Date added
Jul 1, 2020
Judgment
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Wong Souk Yee v. Attorney General

Question Presented
Whether the Prime Minister had a duty to fill the vacancy in a Group Representation Constituency.
Legal Issue(s)
  • Electoral Integrity
  • EMB Independence
Country
Singapore
Language of Decision
  • English
Date of decision
Apr 10, 2019
Date added
Jul 1, 2020
Judgment
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Tan Chen Bock v. Attorney General

Question Presented
Whether the reserved election clause solely permits choosing from the terms of office of Presidents elected by the citizens, or also includes those chosen by Parliament.
Legal Issue(s)
  • Candidate Registration
Country
Singapore
Language of Decision
  • English
Date of decision
Aug 23, 2017
Date added
Jul 1, 2020
Judgment
View

Aryeh Bain v. Chief Electoral Officer

Question Presented
Whether setting election day as a Jewish holiday violates the right to vote?
Legal Issue(s)
  • Elections as a Fundamental Right
  • EMB Operation
Country
Canada
Language of Decision
  • English
Date of decision
Jun 26, 2019
Date added
Jun 23, 2020
Judgment
View

Electoral Commission v. Watson

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
View

Winnemucca v. United States

Question Presented
Whether the election of the Council Chairman and the Bureau of Indian Affairs’s nonrecognition of the new government is reviewable by the courts.
Legal Issue(s)
  • Civil Procedure
  • Disputing Results
  • Indigenous Persons
Country
United States of America
Language of Decision
  • English
Date added
Jun 19, 2020
Judgment
View

Texas Democratic Party v. Abbott

Question Presented
Whether the COVID-19 pandemic constitutes a disability under Texas law sufficient to modify the vote-by-mail system.
Legal Issue(s)
  • Elections as a Fundamental Right
  • Health Concerns & Election Administration
Country
United States of America
Language of Decision
  • English
Date of decision
Jun 4, 2020
Date added
Jun 10, 2020
Judgment
View

Electoral Commission of Uganda v. Bakireke

Question Presented
Was the election conducted legally? Did non-compliance substantially affect the results? Did the winning candidate commit electoral offenses? Did the trial judge err in annulling the elections at the trial level?
Legal Issue(s)
  • Disputing Results
  • Electoral Violence and Intimidation
Country
Uganda
Language of Decision
  • English
Date of decision
Jan 19, 2007
Date added
Aug 7, 2019
Judgment
View

10- Perera v. Senarathe

Question Presented
The petitioner, an MP, complained that the respondent, also an MP, has illegally entered into contracts with government institutions and seeks a declaration that the respondent's appointment is void.
Legal Issue(s)
  • Abuse of State Resources (ASR)
Country
Sri Lanka
Language of Decision
  • English
Date of decision
Dec 10, 1999
Date added
Jul 12, 2019
Judgment
View

Obradovic v. Bosnia and Herzegovina

Question Presented
Whether the plaintiff's dismissal from the military banned him from participating in the General Election?
Legal Issue(s)
  • Candidate Registration
Country
Bosnia and Herzegovina
Language of Decision
  • English
Date of decision
Oct 10, 2003
Date added
Jul 8, 2019
Judgment
View

Quinn Leandro v. Jonas

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
View

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