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CH-02

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

2018Hun-Ma551

Question Presented
Whether prohibiting elementary and secondary schoolteachers from establishing and joining political parties unreasonably infringes on their right to freedom of association. Whether the ban on elementary and secondary schoolteachers creating or being members of “other political organizations” as stated in Article 65(1) of the State Public Officials Act is clear and meets the balancing test set up by the court to justify a restriction on political rights.
Legal Issue(s)
  • Freedom of association and assembly
  • Voters' Rights
Country
South Korea
Language of Decision
  • English
Date of decision
Apr 23, 2020
Date added
Nov 1, 2024
Judgment

Staatkundig Gereformeerde Partij v. the Netherlands

Question Presented
Whether religiously affiliated parties can exclude women from running as candidates on the grounds that forcing the party to host women candidates violates its freedom of religious expression, as it believes women are unsuited for public office?
Legal Issue(s)
  • Gender
Country
Netherlands
Language of Decision
  • English
Date of decision
Jul 10, 2012
Date added
Aug 9, 2024
Judgment

Kitute v. Independent Electoral and Boundaries Commission

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

Odinga, et. al v. Ruto

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

Alexander v. South Carolina State Conference of the NAACP

Question Presented
Whether the South Carolina legislature “subordinated” race-neutral districting criteria to draw a Congressional district map in the state and overtly relied on racial considerations.
Legal Issue(s)
  • Electoral Maps and Districting
Country
United States of America
Language of Decision
  • English
Date of decision
May 23, 2024
Date added
Aug 9, 2024
Judgment

Nmalamuwomu v. Shadrack

Question Presented
Whether the filing deadline for an election petition alleging vote buying made up to and on polling day runs for 21 days after the alleged payment,, or 21 days after the election result is released in the Official Gazette?.
Legal Issue(s)
  • Deadline(s)
  • Disputing Results
  • Electoral Integrity
Country
Vanuatu
Date of decision
Jun 24, 2020
Date added
Jan 31, 2024
Judgment

Barthelemy v. President of the Republic of Vanuatu

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

Wale v. Attorney-General

Question Presented
(1) Whether an unregistered party is considered a “non-contesting party” and is thus prohibited from forming a coalition with registered parties or independent groups in Parliament. (2) Whether the party registration requirement under the Political Party law to prove a certain number of registered voters support the formation of a party interferes with the voluntary nature of political parties and is a violation of the constitutional rights to freedom of association and assembly?
Legal Issue(s)
  • Freedom of association and assembly
  • Party Registration
  • Voters' Rights
Country
Solomon Islands
Date of decision
Nov 14, 2014
Date added
Jan 31, 2024
Judgment

Samuel v. Chief Electoral Officer et al.

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

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

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

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

City for All List, et. al v. Palestinian Central Election Commission, et. al

Question Presented
Whether the error in registration on the voter list of one candidate from an independent candidate list should result in rejecting the application of all the candidates on the list, and thus the entire list, from running for election.
Legal Issue(s)
  • Candidate Eligibility
  • Candidate Registration
Country
Palestine
Language of Decision
  • Arabic
Date of decision
Apr 23, 2017
Date added
Jan 4, 2023
Judgment

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

Monroy Hernandez v. Molano Granados

Question Presented
Whether the election of a municipal elected official should be nullified and/or her candidacy deemed ineligible on charges of nepotism due to her father holding a government position, which exercised administrative authority, within twelve months of her election even if there is no proof that he used or abused his position to further her candidacy.
Legal Issue(s)
  • Abuse of State Resources (ASR)
  • Disputing Results
  • Electoral Integrity
Country
Colombia
Language of Decision
  • Spanish
Date of decision
Mar 12, 2020
Date added
Oct 14, 2022
Judgment

Decision 207183

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

Decision No. 1 (1995)

Question Presented
Whether a law that permits the Prime Minister to exercise his discretionary power to transfer or declare a vacancy for the position of the President of the Supreme Court of char’i jaafarite contradicts the principle of “separation of powers” and should be repealed.
Legal Issue(s)
  • Civil Procedure
Country
Lebanon
Language of Decision
  • French
Date of decision
Nov 2, 1995
Date added
Sep 16, 2022
Judgment

Decision No. 207182

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

Decision 701/2020

Question Presented
Whether the Brosteni Constituency Electoral Bureau’s (BEC) decision to reject a former vice mayor seeking to run for the mayor and local councilor elections, based on a report by the National Integrity Agency alleging that he had conflicts of interest, was improper.
Legal Issue(s)
  • Candidate Registration
  • Civil Procedure
Country
Romania
Language of Decision
  • Romanian
Date of decision
Aug 17, 2020
Date added
Sep 16, 2022
Judgment

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

In the Matter of Rudolph W. Giuliani

Question Presented
Whether the respondent violated D.C. Bar Rules X and XI, § 2(b) by filing a frivolous lawsuit seeking to overturn the 2020 election results in Pennsylvania, which requires him to be sanctioned under the D.C. Rules of Professional Conduct.
Legal Issue(s)
  • Civil Procedure
  • Disputing Results
Country
United States of America
Language of Decision
  • English
Date of decision
Apr 4, 2022
Date added
Sep 16, 2022
Judgment

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

2017Hun-Ma813

Question Presented
Whether any of the following alleged acts violate citizens’ constitutional rights to vote or equality under the law: 1) denying a soldier’s request to watch presidential election interviews and debates; 2) requiring election campaign bulletins written in braille to be within the page limits for booklet-type campaign bulletins; and 3) failing to require Korean sign language or captions in all election-related broadcasts.
Legal Issue(s)
  • Accessibility
  • Elections as a Fundamental Right
  • Electoral Administration Irregularities
Country
South Korea
Language of Decision
  • English
Date of decision
Aug 28, 2020
Date added
Sep 14, 2022
Judgment

Odhiambo Oduol v. Independent Electoral & Boundaries Commission

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

Ledezma Acosta v. Ausecha Ordóñez and Armando Guevara Bravo

Question Presented
Whether a candidate’s disqualification from running in an election should affect the eligibility of all the candidates on the political party’s candidate list, since as a result of the disqualification the entire list did not meet the gender quota minimum required by law.
Legal Issue(s)
  • Candidate Registration
  • Disputing Results
  • Party Registration
  • Quotas
Country
Colombia
Language of Decision
  • Spanish
Date of decision
Sep 17, 2020
Date added
Sep 13, 2022
Judgment

Núñez de Armas v. Magdaniel Hernández

Question Presented
Whether a candidate must resign from his administrative position twelve months from the date of his registration as a candidate or twelve months from the date of the election to be eligible to run as a candidate.
Legal Issue(s)
  • Candidate Registration
Country
Colombia
Language of Decision
  • Spanish
Date of decision
Dec 16, 2020
Date added
Sep 13, 2022
Judgment

Ramos Rojas v. Sanabria Chacón

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

Zambrano Castro v. National Electoral Council

Question Presented
Whether the rejection of an applicant’s mayoral candidacy should be overturned because he initiated a lawsuit to revoke disciplinary sanctions against him, thereby potentially qualifying him for a “pending lawsuit” exception as outlined in Article 100, Paragraph 8 of the General Code of Procedure.
Legal Issue(s)
  • Candidate Registration
  • Civil Procedure
Country
Colombia
Language of Decision
  • Spanish
Date of decision
Oct 29, 2020
Date added
Sep 13, 2022
Judgment

Ortiz Daza v. Act Declaring the Election of Candelo Riascos

Question Presented
Whether a candidate is permitted to endorse a candidate from another party (“double militancy”) when he receives express permission or derogation from his own party to do so, despite the provision in law that prohibits this practice.
Legal Issue(s)
  • Candidate Registration
  • Disputing Results
Country
Colombia
Language of Decision
  • Spanish
Date of decision
Dec 10, 2020
Date added
Sep 13, 2022
Judgment

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