Election Judgments - IFES

Election Judgments - IFES

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30 shown of 44 entities

Electoral Justice for All: A Practitioner's Guide to Increasing Women's Access to Electoral Justice

Document contents
dismissal of candidacy, the nullification of election results, or jail time.40 Mexico – one of only six countries in the world that has reached gender parity
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Legal Issue and/or Topic
  • Election Accessibility
  • Electoral Inclusion
  • Electoral Inclusion
Language
  • English
Date added
Oct 1, 2024
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Alternative Dispute Resolution in Elections: Practitioner Brief

Document contents
72 IFES Practitioner Brief on Alternative Dispute Resolution in Elections Mexico Mexico is an example of how ADR can make the electoral justice system more
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
Date added
May 5, 2023
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Advocate Prem Chandra Rai vs Government of Nepal

Document contents
vote is sent to the home country through post. Countries like Canada, Norway, Mexico, and Switzerland seem to be using this method. The third method of giving
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
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Election Dispute Resolution Report 2020

Document contents
(cases concerning candidate registration), Azerbaijan, Estonia, Latvia, Mexico. Andorra, Azerbaijan, Czech Republic, Ireland, Mexico, Ukraine. In Andorra, concerning disputes related to candidate
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Legal Issue and/or Topic
  • Election Dispute Resolution
  • Legal Frameworks
  • Regional Jurisprudence
Language
  • English
Date added
Dec 23, 2021
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Election Case Law Analysis Series: Lessons for Regulating Campaigning on Social Media

Document contents
the Superior Chamber of the Federal Electoral Tribunal of Mexico in which the Green Party of Mexico and various famous people, including athletes, musicians, and
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Legal Issue and/or Topic
  • Legal Frameworks
Language
  • English
Date added
Dec 22, 2021
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Election Case Law Analysis Series: Lessons on Gender Equality and Women’s Political Participation

Description
Analyzing litigation from France to Samoa and Kenya to Mexico, this paper explores on the legal questions
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Legal Issue and/or Topic
  • Electoral Inclusion
Language
  • English
Date added
Dec 22, 2021
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SUP-REP-16/2016 Y SUP-REP-22/2016 ACUMULADOS

Country
Mexico
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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
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Guidelines for National Political Parties and, where appropriate, Local Political Parties, to prevent, attend, sanction, repair and eradicate political violence against women based on gender

Author(s)
Instituto Nacional Electoral, Mexico
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Legal Issue and/or Topic
  • Electoral Inclusion
  • Electoral Inclusion
Language
  • Spanish
Date added
Oct 6, 2021
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(Mexico) SUP 2020 REC 102 924628

Country
Mexico
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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
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(Mexico) SM JDC 0167 2021

Country
Mexico
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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
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(Mexico) SCM JDC 0412 2021

Procedural history
Plaintiffs appealed to the Mexico City Regional Chamber of the Electoral Tribunal of the Federal Judicial
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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
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(Mexico) SX JE 0003 2021

Country
Mexico
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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
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Election Investigations Guidebook

Document contents
Electoral Institute, the institutional body in charge of organizing the elections in Mexico at the federal level and coordinating voting processes at the sub-national level
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
Date added
Dec 28, 2020
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Chiafalo v. Washington

Document contents
has no connection to elector appointment. See ante, at 5. For example, New Mexico imposes a legal duty on its electors: “All presidential electors shall cast
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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ACHPR Tanganyika Law Society v. Tanzania

Document contents
decision in the Inter – American Court of Human Rights Castañeda Gutman v Mexico, Judgment of 6 August 2008 Series C No 184 to the effect that
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Legal Issue and/or Topic
  • Regional Jurisprudence
  • Violation of an International Treaty
Language
  • English
Date added
Sep 9, 2020
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PAN v. PRI (SM JIN 0035 2015)

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

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

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

Country
Mexico
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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
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The Resolution of Election Disputes: Legal Principles That Control Election Challenges

Document contents
Alabama (8), Alaska (1), Delaware (1), Hawaii (2), Nevada (1), New Mexico (2), Vermont (1), and Wyoming (1). In addition, Connecticut, Maryland, Michigan
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
Date added
Jul 22, 2020
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When Are Elections Good Enough? Validating or Annulling Election Results

Document contents
Electoral Legislation of Mexico, Opinion No. 680 / 2012 CDL-AD(2013)021, http://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2013)021-e. 14 While judicial interlocutors in Mexico have told us
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Legal Issue and/or Topic
  • Election Annulments
Language
  • English
Date added
Jul 22, 2020
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Equal Access: How to Include Persons with Disabilities in Elections and Political Processes

Document contents
candidates and Mexico City mayoral candidates, with the exception of one party. Through these discussions ‒ which were the first-ever in Mexico between presidential
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Preview
Legal Issue and/or Topic
  • Election Accessibility
Language
  • English
Date added
Jul 22, 2020
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Mediation and Post Election Litigation: A Way Forward

Document contents
(1980) (any elector can contest results); N.M. STAT. ANN. §1-14-1 (2004) (New Mexico statute allows a candidate to contest the results of an election in court)
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
Date added
Jul 17, 2020
Resources
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Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors, and Lawyers

Document contents
GAOR, A/54/40 (vol. I), p. 67, para. 350. See also as to Mexico, insofar as there was no independent body to investigate the substantial
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
  • Portuguese
Date added
Jul 17, 2020
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In Re Case No. 9768, 9780 & 9828

Country
Mexico
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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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Campos v. Ecuador

Document contents
Case of Cabrera García and Montiel Flores v. Mexico, para. 201; Case of Rosendo Cantú et al. v. Mexico. Preliminary objection, merits, reparations and costs.
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Legal Issue and/or Topic
  • Judicial Independence
  • Regional Jurisprudence
Language
  • English
Date added
Jul 7, 2020
Resources
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Legal Considerations When Delaying or Adapting Elections

Document contents
Justice José Luis Vargas Valdez Electoral Tribunal of the Federal Judiciary of Mexico Founder of the Global Network on Electoral Justice International Foundation for Electoral
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Preview
Legal Issue and/or Topic
  • COVID-19 (Postponement and Accessibility)
  • Election Postponement
Language
  • English
  • Ukrainian
Date added
Jul 6, 2020
Resources
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Tanganyika Law Society v. Tanzania

Document contents
the decision in the InterAmerican Court of Human Rights; Castañeda Gutman v Mexico, Judgment of 6 August 2008 Series C No 184 to the effect that the
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Question Presented
Whether the Tanzania regulation prohibiting independent candidates from seeking public office is unconstitutional?
Legal Issue(s)
  • Candidate Registration
  • Judicial Independence
Country
Tanzania. United Republic of
Language of Decision
  • English
Date of decision
Jun 14, 2019
Date added
Aug 1, 2019
Judgment
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Mexico SUP JDC 304 2018

Country
Mexico
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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
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SUP RAP 0173 2018

Country
Mexico
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Question Presented
The TEPJF instructs the INE to issue a new resolution on the registration of Jaime Heliodoro Rodríguez as an independent candidate to the Presidency of the Republic.
Legal Issue(s)
  • Candidate Registration
Country
Mexico
Language of Decision
  • Spanish
Date of decision
Apr 9, 2018
Date added
Jul 16, 2019
Judgment
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