Election Judgments - IFES

Election Judgments - IFES

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CH-02

Document contents
INSTANTIE: CONSTITUTIONEEL HOF van de REPUBLIEK SURINAME CONSTITUTIONAL COURT OF THE REPUBLIC OF SURINAME ZAAKNUMMER: CH-02 DATUM BESLISSING: 05 AUGUSTUS 2022 PUBLICATIEDATUM: RECHTSGEBIED:
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Question Presented
Are elements of the national electoral code that define allotment of legislative seats across the country's 10 districts (based off population patterns and anticipated growth in 1987) in conflict with the Constitution, the International Covenant on Civil and Political Rights, the American Convention of Human Rights, and the Universal Declaration of Human Rights?
Legal Issue(s)
  • Electoral Maps and Districting
Country
Suriname
Language of Decision
  • Dutch
Date of decision
Aug 5, 2022
Date added
Apr 30, 2025
Judgment
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Kitute v. Independent Electoral and Boundaries Commission

Document contents
Kitute v Independent Electoral and Boundaries Commission & 2 others [2017] eKLR THE REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI ELECTION PETITION NO 1 OF
Question Presented
Is electronic evidence submitted in support of allegations of election fraud subject to the Evidence Act, which requires authentication or certification by an appropriate authority or expert?
Legal Issue(s)
  • Civil Procedure
  • Disputing Results
  • Electoral Administration Irregularities
  • Electoral Integrity
  • Electronic Voting
Country
Kenya
Language of Decision
  • English
Date of decision
Nov 6, 2017
Date added
Aug 9, 2024
Judgment
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Odinga, et. al v. Ruto

Document contents
(Election Petitions) (5 September 2022) (Judgment) Neutral citation: [2022] KESC 54 (KLR) REPUBLIC OF KENYA IN THE SUPREME COURT OF KENYA ELECTION PETITIONS PRESIDENTIAL ELECTION PETITION
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Question Presented
Whether petitioners’ evidence of interference and election fraud satisfied the appropriate level of evidence as required by the Court and affected the election result, warranting the cancellation and rerun of the election?
Legal Issue(s)
  • Civil Procedure
  • Disputing Results
  • Electoral Administration Irregularities
  • Electoral Integrity
  • Electronic Voting
  • EMB Operation
Country
Kenya
Language of Decision
  • English
Date of decision
Sep 5, 2022
Date added
Aug 9, 2024
Judgment
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Barthelemy v. President of the Republic of Vanuatu

Title
President of the Republic of Vanuatu
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Question Presented
(1) Was the Council of Minister’s advice to the President to dissolve Parliament while there was a pending motion of no confidence by members of parliament a violation of the Constitution? (2) If so, was the dissolution of parliament by President void? (3) Does the Supreme Court have jurisdiction to hear constitutional writ petitions relating to the dissolution of parliament?
Legal Issue(s)
  • Conflict of Interests
  • Improper Practices
Country
Vanuatu
Date of decision
Sep 9, 2022
Date added
Jan 31, 2024
Judgment
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Samuel v. Chief Electoral Officer et al.

Document contents
1 2018 IN THE HIGH COURT OF THE REPUBLIC OF THE MARSHALL ISLANDS MUDGE SAMUEL, Appellant Samuel, V. ·) ) ) ) REPUBLIC OF THE MARSHALL ISLANDS CNIL ACTION NO
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Question Presented
(1) Whether Chief Electoral Officer (“CEO”) erred in rejecting a candidate’s request for a re-count due to a close mayoral race with 3,25% of vote difference and alleged violations? (2) Whether the refusal to add a name of a voter to the voter registry beyond the deadline for voter registration can be raised as a class action to protect the rights of voters?
Legal Issue(s)
  • Disputing Results
  • EMB Operation
Country
Marshall Islands
Language of Decision
  • English
Date of decision
Aug 31, 2018
Date added
Jan 24, 2024
Judgment
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Decision 207183

Procedural history
The applicant then appealed to the Republic Election Commission, which rejected his appeal.
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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

Procedural history
The Republic Election Commission (REC) ruled against the complainant.
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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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Odhiambo Oduol v. Independent Electoral & Boundaries Commission

Summary
Here, the Court relied on its opinion in Republic v.
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Question Presented
Whether petitioner’s affidavit verifying a video recording meets the evidentiary burden outlined in Section 107 of the Evidence Act relating to electronic evidence.
Legal Issue(s)
  • Disputing Results
  • Electoral Integrity
  • Vote Verification and Transmission
Country
Kenya
Language of Decision
  • English
Date of decision
Jun 5, 2013
Date added
Sep 14, 2022
Judgment
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Ramos Rojas v. Sanabria Chacón

Summary
is not valid because it “‘enshrin[es] provisions contrary to the Constitution and the laws of the Republic
Question Presented
Whether a political party’s internal rules on candidacy criteria relating to nepotism may nullify an election of one of its registered candidates if he violated the party rules but otherwise met the eligibility criteria set up in the Constitution or statutes.
Legal Issue(s)
  • Candidate Registration
Country
Colombia
Language of Decision
  • Spanish
Date of decision
Dec 3, 2020
Date added
Sep 13, 2022
Judgment
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Marube Ombeta, Kamotho Njenga v. Independent Electoral and Boundaries Commission

Document contents
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CONSTITUTIONAL AND HUMAN RIGHTS DIVISION (Coram: A. C. Mrima, J.) CONSTITUIONAL PETITION NO. E211 OF 2022 (Consolidated
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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
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King v. Whitmer

Document contents
election machines and software filed against Powell and her company, Defending the Republic, Inc.: U.S. Dominion, Inc. v. Powell, No. 1:21-cv00040 (D.D.C. filed Jan.
Question Presented
Whether to impose sanctions on the Plaintiff’s attorneys for filing frivolous litigation in violation of Rule 11 of the Federal Rules of Civil Procedure.
Legal Issue(s)
  • Frivolous Litigation
Country
United States of America
Language of Decision
  • English
Date of decision
Aug 25, 2021
Date added
Nov 29, 2021
Judgment
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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

Title
Platform" and the electoral candidate Andrei Năstase, by Political Party "Party of Socialists of the Republic
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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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Germin Organization v. Central Election Commission

Document contents
Republic of Kosovo Republika e Kosovës-Republika Kosova Paneli Zgjedhor për Ankesa dhe Parashtresa Izborni Panel za Zalbe i Predstavke Elections Complaints and Appeals Panel A.no.
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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
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Karnwea v. National Elections Commission

Document contents
IN THE HONORABLE SUPREME COURT OF THE REPUBLIC OF LIBERIA SITTING IN ITS MARCH TERM, A. D. 2017 BEFORE HIS HONOR: FRANCIS S. KORKPOR, SR......................CHIEF JUSTICE
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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
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Domingo v. Commission on Elections

Document contents
On 10 February 2007, Republic Act No. 9369[33] took effect. Section 13 of Republic Act No. 9369 amended Section 11 of Republic Act No. 8436 and renumbered
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Question Presented
Whether there was sufficient evidence to conclude that the incumbent mayor prodded potential Board of Election Inspectors for the City?
Legal Issue(s)
  • Civil Procedure
  • Electoral Integrity
  • EMB Independence
  • EMB Operation
Country
Phillippines
Language of Decision
  • English
Date of decision
Dec 1, 1998
Date added
Sep 23, 2020
Judgment
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Inkatha Freedom Party v. Independent Electoral Commission

Document contents
of section 1(d) of the Constitution one of the founding values of our Republic is universal adult suffrage. After all the objects of the commission are
Question Presented
Whether alleged electoral illegalities were sufficient to require an investigation into the election results.
Legal Issue(s)
  • Civil Procedure
  • Electoral Integrity
Country
South Africa
Language of Decision
  • English
Date of decision
Jul 14, 2001
Date added
Sep 23, 2020
Judgment
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Gandhi v. Narain

Document contents
‘‘Sovereign Democratic Republic’’. The expression ‘‘this Constitution’’ in the preamble has a basic structure comprising the three organs of the Republic: the Executive,
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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
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Chiafalo v. Washington

Document contents
Jefferson, whom he loathed but viewed as less of an existential threat to the Republic.) By then, everyone had had enough of the Electoral College’s original voting rules
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
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National Elections Commission v. Siebo

Document contents
) ) Republic of Liberia…………………….……………Complainant ) ) VERSUS Nomination ) ) The Nomination Committee of National Elections Rejection ) Commission (NEC) of the Republic of Liberia…Appellee
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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
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Jupica vs Nec

Document contents
of Liberia, bordering the neighboring Republic of Guinea. There had been an earlier report of an outbreak of the disease in the Republic of Guinea. Efforts to contain the
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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
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Mwiru v. Samson

Document contents
THE REPUBLIC OF UGANDA IN THE COURT OF APPEAL OF UGANDA AT KAMPALA CORAM: BYAMUGISHA, NSHIMYE&ARACH-AMOKO, JJA ELECTION PETITION APPEAL NO.6/11 BETWEEN 10 PAUL MWIRU::::::::::::::
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

Document contents
5 THE REPUBLIC OF UGANDA IN THE COURT OF APPEAL OF UGANDA AT KAMPALA 10 ELECTION PETITION APPEAL N0. 39 OF 2011 (Arising from Election Petition No. 28 of
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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In re Representation of People Act and the September 7, 2015 Elections.

Document contents
THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL Port of Spain Civil Appeal Number: S 293 of 2016 Claim Number: CV 2015-03128 IN THE MATTER OF THE
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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
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Attorney General v. Taylor

Document contents
possibility of paying compensation: European Convention on Human Rights Act 2003 (Republic of Ireland), s 5. Taylor (CA), above n 4, at [66]. Mandic v Cornwall
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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
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In Re Case No. 9768, 9780 & 9828

Document contents
the claimant filed a complaint alleging forgery with the Attorney General of the Republic (Procuraduría General de la República) on August 26, 1985, without any apparent result
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Question Presented
Whether the elections violated the citizen’s political rights even though the domestic options were exhausted.
Legal Issue(s)
  • Electoral Integrity
  • EMB Independence
  • EMB Operation
Country
Mexico
Language of Decision
  • English
Date of decision
May 17, 1990
Date added
Jul 8, 2020
Judgment
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Shura Council Speaker's request for constitutional review of the drafted law.

Document contents
of Allah, the Most Merciful, the Most Compassionate The Arab Republic of Egypt The Presidency of the Republic Official Gazette Price: EGP 3 Issue No. 7 (bis) Issued
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Question Presented
Whether the proposed provisions are constitutional.
Legal Issue(s)
  • Electoral Maps and Districting
  • Vote Form Irregularities
Country
Egypt
Language of Decision
  • English
Date of decision
Feb 13, 2013
Date added
Jul 6, 2020
Judgment
View

Shura Council Speaker request for constitutional review of the draft law regulating the exercise of political rights.

Document contents
of Allah, the Most Merciful, the Most Compassionate The Arab Republic of Egypt The Presidency of the Republic Official Gazette Price: EGP 3 Issue No. 21 bis (a) Issued
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Question Presented
Whether the draft law adheres to the current constitutional political protections.
Legal Issue(s)
  • Accessibility
  • Vote Verification and Transmission
Country
Egypt
Language of Decision
  • English
Date of decision
May 26, 2013
Date added
Jul 6, 2020
Judgment
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Mustafa v. Chairman of the Supreme Council of the Armed Forces

Document contents
ten years prior to 11/2/2011 as the President of the Republic, or Vice President of the Republic, or Prime Minister or…” for a period of ten years
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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
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Abdel-Razeq v. Ahmed

Document contents
of Allah, the Most Merciful, the Most Compassionate The Arab Republic of Egypt The Presidency of the Republic _____ Official Gazette Price: EGP 3 Issue No. 9 (Bis)
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Question Presented
Where the constituency representation scheme violates the reasonableness standard.
Legal Issue(s)
  • Electoral Integrity
  • Electoral Maps and Districting
Country
Egypt
Language of Decision
  • English
Date of decision
Mar 15, 2015
Date added
Jul 6, 2020
Judgment
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Mohamed v. Chairman of High Elections Commission

Document contents
In the Name of Allah, the Most Merciful, the Most Compassionate The Arab Republic of Egypt The Egyptian Presidency Official Journal Price: EGP 3.0 Issue # 22 (Ibid)
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Question Presented
Whether the elections of the Shura Council, Upper House, exceed the bodies authority and whether and actions taken by the body are consequently unconstitutional.
Legal Issue(s)
  • Candidate Registration
  • Electoral Integrity
  • Judicial Independence
Country
Egypt
Language of Decision
  • English
Date of decision
Jun 3, 2013
Date added
Jul 6, 2020
Judgment
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