Election Judgments - IFES

Election Judgments - IFES

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30 shown of 30 entities

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

Decision 378/2020

Question Presented
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.
Legal Issue(s)
  • Candidate Registration
  • Gender
Country
Romania
Language of Decision
  • Romanian
Date of decision
Oct 26, 2020
Date added
Sep 16, 2022
Judgment
View

2018Hun-Ma456

Question Presented
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.
Legal Issue(s)
  • Criminal Procedure
  • Social Media
Country
South Korea
Language of Decision
  • English
Date of decision
Jan 28, 2021
Date added
Sep 14, 2022
Judgment
View

Masumba v. Kamondo

Question Presented
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.
Legal Issue(s)
  • Disputing Results
  • Electoral Violence and Intimidation
Country
Zambia
Language of Decision
  • English
Date of decision
Nov 17, 2017
Date added
Sep 13, 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

VerfGH Thuringia, 07/15/2020 - VerfGH 2/20

Question Presented
Is a gender quota statute constitutional?
Legal Issue(s)
  • Gender
  • Quotas
Country
Germany
Language of Decision
  • German
Date of decision
Jul 15, 2020
Date added
Oct 19, 2021
Judgment
View

VerfGBbg, judgment of 23 October 2020 - VfGBbg 9/19

Question Presented
Are gender quotas constitutional?
Legal Issue(s)
  • Gender
  • Quotas
Country
Germany
Language of Decision
  • German
Date of decision
Oct 23, 2020
Date added
Oct 19, 2021
Judgment
View

VerfGBbg, judgment of 23. October 2020 - VfGBbg 55/19

Question Presented
Whether the gender quota under the Parity Act is constitutional
Legal Issue(s)
  • Gender
  • Quotas
Country
Germany
Language of Decision
  • German
Date of decision
Oct 23, 2020
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

BVerfG, decision of the Second Senate of December 15, 2020

Question Presented
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.
Legal Issue(s)
  • Gender
Country
Germany
Language of Decision
  • German
Date of decision
Dec 15, 2020
Date added
Oct 6, 2021
Judgment
View

Germin Organization v. Central Election Commission

Question Presented
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.
Legal Issue(s)
  • Civil Procedure
  • Vote Verification and Transmission
Country
Kosovo
Language of Decision
  • English
Date of decision
Oct 19, 2019
Date added
Oct 15, 2020
Judgment
View

In Re Dispute Case No. 1 of 1999

Question Presented
Whether two rival groups within the same political party may utilize the same political symbol on the eve of elections.
Legal Issue(s)
  • Candidate Registration
  • Party Registration
Country
India
Language of Decision
  • Arabic
  • English
Date of decision
Aug 7, 1999
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

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
View

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
View

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

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

Tabar v. Wong

Question Presented
Whether the petitioner met the evidentiary burden for a electoral bribery claim?
Legal Issue(s)
  • Criminal Procedure
  • Electoral Integrity
Country
Papua New Guinea
Language of Decision
  • English
Date of decision
Jan 18, 2018
Date added
Jul 16, 2020
Judgment
View

Suryadharma Ali & M. Romahurmuziy v. General Election Commission

Question Presented
Did the General Election Commission (KPU) violate the Legislative Election Law by eliminating a political party’s proposed candidate list with total women candidates that did not meet 30 percent gender quota as stipulated by the law?
Legal Issue(s)
  • Candidate Registration
  • Gender
  • Quotas
Country
Indonesia
Language of Decision
  • Indonesian
Date of decision
Jun 3, 2013
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

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

Mustafa v. Chairman of the Supreme Council of the Armed Forces

Question Presented
Whether closed party lists and a first past the post system discriminates against independent candidates?
Legal Issue(s)
  • Candidate Registration
  • Electoral Integrity
  • Voting Systems (Winner-take-all, proportional, etc.)
Country
Egypt
Language of Decision
  • English
Date of decision
Jun 14, 2012
Date added
Jul 6, 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

Balkan Investigative Reporting Network BIRN Internews and Kosova v. Serbian List

Question Presented
Whether the Serbian List's election spot violated the Election Code such that it incited hatred or violence.
Legal Issue(s)
  • Electoral Violence and Intimidation
  • Social Media
Country
Kosovo
Language of Decision
  • English
Date of decision
Sep 27, 2019
Date added
May 21, 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

Deshapriya v. Divisional Secretary

Question Presented
Whether public officers may be required to canvas for elected officials?
Legal Issue(s)
  • Abuse of State Resources (ASR)
  • Electoral Violence and Intimidation
Country
Sri Lanka
Language of Decision
  • English
Date of decision
Aug 20, 1999
Date added
Jul 10, 2019
Judgment
View

Shanmugam v. India

Question Presented
Whether the Election Commission of India may cancel or postpone elections based on the conduct and criminal actions of candidate.
Legal Issue(s)
  • Civil Procedure
  • Electoral Integrity
Country
India
Language of Decision
  • English
Date of decision
Apr 17, 2019
Date added
Jul 8, 2019
Judgment
View

Maurin v. France

Question Presented
Did the candidate violate campaign finance laws when he filed his campaign accounts late and failed to file certain expenses and financial notebooks?
Legal Issue(s)
  • Campaign Finance
Country
France
Language of Decision
  • French
Date of decision
Feb 1, 2019
Date added
Jun 28, 2019
Judgment
View

Harle v. France

Question Presented
Should elections be annulled when 1) there were inconsistencies between the number of ballot papers and signatures, and 2) the candidate violated electoral propaganda laws when he posted a personal propaganda photo on his Facebook?
Legal Issue(s)
  • Disputing Results
  • Electoral Integrity
  • Social Media
  • Technology
  • Vote Verification and Transmission
Country
France
Language of Decision
  • French
Date of decision
Dec 2, 2017
Date added
Jun 28, 2019
Judgment
View

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