Election Judgments - IFES

Election Judgments - IFES

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21 shown of 21 entities

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
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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

(Mexico) SUP 2020 REC 102 924628

Question Presented
Whether indigenous customs for men to elect political leaders outweigh the principles of non-discrimination, equality and gender parity, as well as the right of "every woman [...] to a life free of violence, both in the public and private spheres" and to "freely and fully exercise their political rights.”
Legal Issue(s)
  • Gender
  • Indigenous Persons
Country
Mexico
Language of Decision
  • Spanish
Date of decision
Sep 15, 2020
Date added
Jul 1, 2021
Judgment
View

(Mexico) SM JDC 0167 2021

Question Presented
Whether it was incorrect that the request for a citizen's trial that he filed in the initial instance was processed as a complaint, considering that this is the ideal way in which a favorable resolution could be obtained that guarantees the inclusion of members of the LGBTQIA+ community. Whether political parties are obligated to have a quota for candidates that identify as LGBTQIA+ to guarantee their inclusion in the political process.
Legal Issue(s)
  • Gender
  • Quotas
Country
Mexico
Language of Decision
  • Spanish
Date of decision
Mar 31, 2021
Date added
Jul 1, 2021
Judgment
View

(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
View

(Mexico) SX JE 0003 2021

Question Presented
Whether there were procedural irregularities in the lower court’s decision based on the timeliness of the complaint and lack of notice by the court. Whether evidence from Facebook and WhatsApp demonstrating gender based political violence were illegally obtained and possess the truth and veracity it asserts.
Legal Issue(s)
  • Gender
Country
Mexico
Language of Decision
  • Spanish
Date of decision
Jan 21, 2021
Date added
Jun 23, 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

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

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

In re Sixty-two deputies of the Group Popular Parliamentary of Congress

Question Presented
Whether Spain's gender quotas violate the Spanish Constitution (art. 3.7, 20.4-7)
Legal Issue(s)
  • Gender
  • Quotas
Country
Spain
Language of Decision
  • Spanish
Date of decision
Feb 13, 2009
Date added
Jun 9, 2020
Judgment
View

Décision n° 98 407 DC du 14 janvier 1999 Conseil constitutionnel

Question Presented
Whether the Electoral Code provision requiring parity between male and female candidates violates the French Constitution?
Legal Issue(s)
  • Candidate Registration
  • Gender
Country
France
Language of Decision
  • English
  • French
Date of decision
Jan 14, 1999
Date added
Jul 25, 2019
Judgment
View

Décision n° 2001 445 DC du 19 juin 2001 Conseil constitutionnel

Question Presented
Whether section 33 of the French Institutional Act violates the Constitution.
Legal Issue(s)
  • Gender
Country
France
Language of Decision
  • English
  • French
Date of decision
Jun 19, 2001
Date added
Jul 25, 2019
Judgment
View

Décision n° 2015 465 QPC du 24 avril 2015 Conseil constitutionnel

Legal Issue(s)
  • Gender
Country
France
Language of Decision
  • French
Date of decision
Apr 24, 2015
Date added
Jul 25, 2019
Judgment
View

Huarte-Mendicoa v. Basque Parliament Act

Legal Issue(s)
  • Gender
Country
Spain
Language of Decision
  • Spanish
Date of decision
Jan 19, 2009
Date added
Jul 23, 2019
Judgment
View

Popular Parliamentary Group of Congress of Deputies (Review of Law)

Question Presented
Whether the ballot parity is sufficiently remedied in the voter pool. Whether such quotas are constitutional.
Legal Issue(s)
  • Gender
  • Quotas
Country
Spain
Language of Decision
  • Spanish
Date of decision
Feb 29, 2008
Date added
Jul 23, 2019
Judgment
View

Mexico SUP JDC 304 2018

Question Presented
The High Chamber of the confirmed the validity of the candidacy of two transgender people (muxes in the state of Oaxaca) to occupy public posts reserved for women and revoked the registration of 15 male candidates.
Legal Issue(s)
  • Candidate Registration
  • Gender
  • Quotas
Country
Mexico
Language of Decision
  • Spanish
Date of decision
Jun 21, 2018
Date added
Jul 16, 2019
Judgment
View

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