Election Judgments - IFES

Election Judgments - IFES

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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
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State of Washington v. Facebook, Inc.

Question Presented
Whether Facebook violated election law by not maintaining records of their political advertising and failing to make those records available to the public.
Legal Issue(s)
  • Campaign Finance
  • Social Media
Country
United States of America
Language of Decision
  • English
Date of decision
Jun 8, 2018
Date added
Sep 13, 2022
Judgment
View

SUP-REP-16/2016 Y SUP-REP-22/2016 ACUMULADOS

Question Presented
Whether the Green Party of Mexico and various famous persons were rightfully sanctioned for alleged campaign violations.
Legal Issue(s)
  • Social Media
Country
Mexico
Language of Decision
  • Spanish
Date of decision
Apr 20, 2016
Date added
Oct 26, 2021
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
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Conseil d'État (CE), 6ème chambre, 28 May 2021, N° 445567 (unpublished in Lebon collection)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
View

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
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

Antonio Pedro de Siqueira Indio da Costa v. Public Electoral Ministry (No. 1825-24.2010.6.00.0000)

Question Presented
Whether tweets announcing candidacy before the election period violate the Election Law because it is a publicly accessible platform.
Legal Issue(s)
  • Social Media
Country
Brazil
Language of Decision
  • Portuguese
Date of decision
Jun 4, 2010
Date added
Aug 10, 2020
Judgment
View

PAN v. PRI (SM JIN 0035 2015)

Question Presented
Whether the Governor's presence and irregularities are sufficient to annul the election results.
Legal Issue(s)
  • Disputing Results
  • Electoral Administration Irregularities
  • Electoral Integrity
  • Social Media
Country
Mexico
Language of Decision
  • Spanish
Date of decision
Aug 4, 2017
Date added
Aug 7, 2020
Judgment
View

MOREA v. Party of Institutional Revolutionary (SUP 2015 REP 544 499367)

Question Presented
Whether the dissemination of campaign materials on twitter accounts of candidate and alternate candidates violate the electoral silence laws?
Legal Issue(s)
  • Electoral Integrity
  • Social Media
Country
Mexico
Language of Decision
  • Spanish
Date of decision
Apr 20, 2016
Date added
Aug 7, 2020
Judgment
View

Institutional Revolutionary Party v. Miguel Angel Yunes Linares (SUP JRC 0168 2016)

Question Presented
Whether Facebook posts that indicate a political position, but do not solicit votes constitute pre-campaign activity.
Legal Issue(s)
  • Social Media
Country
Mexico
Language of Decision
  • Spanish
Date of decision
Apr 25, 2016
Date added
Aug 7, 2020
Judgment
View

Institutional Revolutionary Party v. Andrés Manuel López Obrador (SUP RAP 0268 2012)

Question Presented
Whether Twitter posts and Youtube videos constitute campaign acts?
Legal Issue(s)
  • Social Media
Country
Mexico
Language of Decision
  • Spanish
Date of decision
May 24, 2012
Date added
Aug 7, 2020
Judgment
View

In re Article 138 Electoral Code — No. 0382-E8-2018

Question Presented
What is the scope of the Electoral Code as it pertains to the dissemination of opinion polls and surveys by companies and organizations not registered with the Electoral Administration when dispersed through social media platforms?
Legal Issue(s)
  • Social Media
Country
Costa Rica
Language of Decision
  • Spanish
Date of decision
Jan 16, 2018
Date added
Aug 7, 2020
Judgment
View

1999 (Gyo Tsu) 35 [Judgment of the Grant Bench, dismissed by the Supreme Court]

Question Presented
Whether the unequal treatment between independent and political party candidates regarding broadcasting during campaigns was unconstitutional.
Legal Issue(s)
  • Electoral Maps and Districting
  • Social Media
Country
Japan
Language of Decision
  • English
Date of decision
Oct 19, 1999
Date added
Jun 29, 2020
Judgment
View

Canadian Broadcasting Corp. v. Canada

Question Presented
Whether the broadcasting restricted and alleged Charter violations therein may be heard on an expedited review basis.
Legal Issue(s)
  • Social Media
  • Vote Verification and Transmission
Country
Canada
Language of Decision
  • English
Date of decision
Apr 11, 2011
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

Case on Election Campaign by Teacher via Social Networking

Question Presented
A public school teacher shared a post on his/her Facebook that indicated that a political candidate was lying.
Legal Issue(s)
  • Social Media
Country
South Korea
Language of Decision
  • English
Date of decision
Feb 27, 2020
Date added
Jun 18, 2020
Judgment
View

Case on Restricting Online Media from Publishing Columns, etc. Written by Candidates for Public Official Election

Legal Issue(s)
  • Social Media
Country
South Korea
Language of Decision
  • English
Date of decision
Nov 28, 2019
Date added
Jun 18, 2020
Judgment
View

BIRN v. Democratic League of Kosovo

Question Presented
Whether the claimant met its evidentiary burden for determining that the respondent violated election law.
Legal Issue(s)
  • Civil Procedure
  • Social Media
Country
Kosovo
Language of Decision
  • English
Date of decision
Oct 6, 2019
Date added
May 21, 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

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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