Election Judgments - IFES

Election Judgments - IFES

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30 shown of 95 entities

Madhav Prasad Paudel and others vs Office of the PM, Local development Ministry, Election Commission Nepal et. al

Question Presented
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.
Legal Issue(s)
  • Election Date
  • Electoral Integrity
Country
Nepal
Language of Decision
  • Nepali
Date of decision
Nov 7, 2012
Date added
Jan 13, 2023
Judgment
View

Chaturman Beda vs Election Special Court and others

Question Presented
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.
Legal Issue(s)
  • Candidate Registration
  • Disputing Results
  • Electoral Integrity
Country
Nepal
Language of Decision
  • Nepali
Date of decision
Feb 14, 1990
Date added
Jan 13, 2023
Judgment
View

Advocate Prem Chandra Rai vs Government of Nepal

Question Presented
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.
Legal Issue(s)
  • Accessibility
  • Elections as a Fundamental Right
  • Out of Country Voting
Country
Nepal
Language of Decision
  • Nepali
Date of decision
Mar 21, 2018
Date added
Jan 13, 2023
Judgment
View

Palmer v. Australian Electoral Commission (AEC)

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
View

Marube Ombeta, Kamotho Njenga v. Independent Electoral and Boundaries Commission

Question Presented
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.
Legal Issue(s)
  • Candidate Registration
  • Gender
  • Quotas
Country
Kenya
Language of Decision
  • English
Date of decision
Jun 13, 2022
Date added
Sep 13, 2022
Judgment
View

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

Question Presented
Whether the 2018 mayoral election in Chisinau were appropriately annulled due to violations of the electoral silence period on election day.
Legal Issue(s)
  • Disputing Results
  • Social Media
Country
Moldova
Language of Decision
  • Romanian
Date of decision
Jun 25, 2018
Date added
Oct 26, 2021
Judgment
View

The National Electoral Board of Ethiopia v. The Harari Peoples’ Regional State, Harari National Congress

Question Presented
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.
Legal Issue(s)
  • Elections as a Fundamental Right
Country
Ethiopia
Language of Decision
  • Amharic
Date of decision
May 27, 2021
Date added
Oct 19, 2021
Judgment
View

Supreme Court of Samoa, Faatuatua I Le Atua Samoa Ua Tasi (F.A.S.T. Party) v. Electoral Commissioner

Question Presented
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.
Legal Issue(s)
  • Gender
  • Quotas
Country
Samoa
Language of Decision
  • English
Date of decision
May 14, 2021
Date added
Oct 19, 2021
Judgment
View

In re Article 27 (3) & (8) of the Constitution of Kenya 2010

Question Presented
Whether failure to enact the two-third gender rule despite Court orders to do so calls for dissolvement of the Parliament.
Legal Issue(s)
  • Gender
  • Quotas
Country
Kenya
Language of Decision
  • English
Date of decision
Sep 21, 2020
Date added
Oct 2, 2020
Judgment
View

Karnwea v. National Elections Commission

Question Presented
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?
Legal Issue(s)
  • Candidate Registration
  • Civil Procedure
  • EMB Independence
Country
Liberia
Language of Decision
  • English
Date of decision
Jul 20, 2017
Date added
Oct 1, 2020
Judgment
View

Baytan v. Commission on Elections

Question Presented
Whether petitioner's voluntary disclosure and alleged good faith mistake is sufficient to survive a preliminary hearing requiring only probable cause?
Legal Issue(s)
  • Civil Procedure
  • Voter Registration
Country
Phillippines
Language of Decision
  • English
Date of decision
Feb 4, 2003
Date added
Sep 23, 2020
Judgment
View

Gandhi v. Narain

Question Presented
Whether legislative acts passed during the appeals process may be retroactively applied to validate an election currently in the courts.
Legal Issue(s)
  • Disputing Results
  • Judicial Independence
Country
India
Language of Decision
  • English
Date of decision
Jul 11, 1975
Date added
Sep 23, 2020
Judgment
View

Chiafalo v. Washington

Question Presented
Whether a pledge requirement and sanction violates the Electors Constitutional right to pledge electoral votes regardless of voter preference?
Legal Issue(s)
  • Elections as a Fundamental Right
Country
United States of America
Language of Decision
  • English
Date of decision
Jul 6, 2020
Date added
Sep 17, 2020
Judgment
View

National Elections Commission v. Siebo

Question Presented
Whether the respondent lost his right to appeal the Review Panel rejection of his application when he failed to meet the Election Commission’s deadline.
Legal Issue(s)
  • Candidate Registration
  • Civil Procedure
Country
Liberia
Language of Decision
  • English
Date of decision
Sep 19, 2017
Date added
Sep 16, 2020
Judgment
View

Jupica vs Nec

Question Presented
Whether the postponement of the Liberian elections to a date when the Ebola threat was still ongoing was unconstitutional?
Legal Issue(s)
  • Electoral Administration Irregularities
  • EMB Independence
  • Health Concerns & Election Administration
Country
Liberia
Language of Decision
  • English
Date of decision
Jan 13, 2016
Date added
Aug 26, 2020
Judgment
View

Rideout v. Gardner

Question Presented
Whether a prohibition of a photograph of a completed ballot violates the First Amendment?
Legal Issue(s)
  • Social Media
  • Technology
Country
United States of America
Language of Decision
  • English
Date of decision
Aug 11, 2015
Date added
Aug 19, 2020
Judgment
View

Wendenberg v. Netherlands

Question Presented
Whether an electoral bribe must be for the amount promised in order to be a criminal offense.
Legal Issue(s)
  • Criminal Procedure
  • Electoral Integrity
Country
Netherlands
Language of Decision
  • Dutch
Date of decision
Apr 9, 2019
Date added
Jul 24, 2020
Judgment
View

Hong Kong Police Force v. Electoral Affairs Commission

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
View

In re Constituent Assembly Elections of 2011

Question Presented
Whether the right to secrecy was violated in the 2011 election sufficient to annul the election results.
Legal Issue(s)
  • Electoral Administration Irregularities
  • Electoral Integrity
Country
Iceland
Language of Decision
  • Icelandic
Date of decision
Jan 6, 2011
Date added
Jul 23, 2020
Judgment
View

In re 2016 Election of President of Iceland

Question Presented
Whether the prohibition of voters from signing support petitions for multiple candidates conflicts with Act. No. 36. 1945. Whether the plaintiff has a cause of action before elections take place.
Legal Issue(s)
  • Candidate Registration
  • Civil Procedure
Country
Iceland
Language of Decision
  • Icelandic
Date of decision
Jun 15, 2016
Date added
Jul 23, 2020
Judgment
View

In re the Icelandic Presidential Election of 2012

Question Presented
Whether the inability of disabled voters to cast secret ballots is sufficient grounds for annulling election results.
Legal Issue(s)
  • Accessibility
  • Electoral Administration Irregularities
  • Electoral Integrity
Country
Iceland
Language of Decision
  • Icelandic
Date of decision
Jun 6, 2012
Date added
Jul 23, 2020
Judgment
View

Electoral Commission v. Rawali

Question Presented
Whether the postponement of the polling day due to inclement weather violated sec. 97, 115, 117, and 206 of Organic Law.
Legal Issue(s)
  • EMB Independence
  • EMB Operation
  • Judicial Independence
Country
Papua New Guinea
Language of Decision
  • English
Date of decision
Jun 20, 2003
Date added
Jul 16, 2020
Judgment
View

Hvit Election Alliance v. Attorney General

Question Presented
Whether a discriminatory election alliance member's criminal conviction violates domestic law and the ECHR?
Legal Issue(s)
  • Electoral Violence and Intimidation
  • Party Registration
Country
Norway
Language of Decision
  • Norwegian
Date of decision
Nov 28, 1997
Date added
Jul 15, 2020
Judgment
View

In re Luis Gullermo Otoya Gertds

Question Presented
Whether an alleged vote counting inconsistency is sufficient to sustain a claim for election annulment without a claim of harm?
Legal Issue(s)
  • Civil Procedure
  • Electoral Integrity
Country
Colombia
Language of Decision
  • Spanish
Date of decision
Jun 2, 2014
Date added
Jul 13, 2020
Judgment
View

In re Valdes

Question Presented
Whether a judicial election taking place after a newly election procedure was passed, but initiated before has ground for annulment.
Legal Issue(s)
  • Electoral Administration Irregularities
  • Judicial Independence
Country
Colombia
Language of Decision
  • Spanish
Date of decision
Feb 23, 2017
Date added
Jul 13, 2020
Judgment
View

In re Representation of People Act and the September 7, 2015 Elections.

Question Presented
Whether the potential for Chief Justice bias is sufficient to overturn the dismissal of a petition challenging election results.
Legal Issue(s)
  • Civil Procedure
  • Electoral Integrity
  • Judicial Independence
Country
Trinidad and Tobago
Language of Decision
  • English
Date of decision
Feb 6, 2020
Date added
Jul 10, 2020
Judgment
View

Attorney General v. Taylor

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
View

Together for the Change Without Formalizing Candidacies

Question Presented
Whether the when there is a vacancy in the candidate list and a legal framework for alternating candidate gender on the ballot, the substitute must be of the same gender as the deceased.
Legal Issue(s)
  • Candidate Registration
  • Gender
Country
Argentina
Language of Decision
  • Spanish
Date of decision
Nov 12, 2019
Date added
Jul 7, 2020
Judgment
View

K., B., & S. v. Government Council

Question Presented
Whether a voter is deprived of their right to vote if they vote for a candidate that has orally withdrawn from the race, but that withdraw is not recognized by the Governor and the candidate’s name appears on the ballot?
Legal Issue(s)
  • Elections as a Fundamental Right
  • Vote Form Irregularities
Country
Switzerland
Language of Decision
  • German
Date of decision
Feb 11, 1987
Date added
Jul 1, 2020
Judgment
View

Chee Siok Chin v. Attorney General

Question Presented
Whether the plaintiff’s application for Parliament was constitutionally denied. If not, whether the election results may be overturned for all members of Parliament.
Legal Issue(s)
  • Candidate Registration
  • Electoral Integrity
Country
Singapore
Language of Decision
  • English
Date of decision
Jun 22, 2006
Date added
Jul 1, 2020
Judgment
View

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