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Alternative Dispute Resolution in Elections: Practitioner Brief

Document contents
in the Republic of Zambia - Preliminary Statement. (2016, August 13). https://www.eisa.org/pdf/zam2016eom0.pdf European Union election observation mission final report: Republic of Zambia
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
Date added
May 5, 2023
Resources

Bench Book on Electoral Dispute Resolution

Document contents
RESOLUTION XXXV Republic v IEBC & Another Ex Parte CORD [2017] eKLR (HC) Republic v IEBC Ex-Parte Charles Olari Chebet [2013] eKLR (HC) Republic v IEBC &
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Legal Issue and/or Topic
  • Election Dispute Resolution
  • Judicial Independence
  • Legal Frameworks
  • Regional Jurisprudence
Language
  • English
Date added
Oct 12, 2022
Resources

Decision 207183

Procedural history
The applicant then appealed to the Republic Election Commission, which rejected his appeal.
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. 207182

Procedural history
The Republic Election Commission (REC) ruled against the complainant.
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

Odhiambo Oduol v. Independent Electoral & Boundaries Commission

Summary
Here, the Court relied on its opinion in Republic v.
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

Ramos Rojas v. Sanabria Chacón

Summary
party 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

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
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

Election Dispute Resolution Report 2020

Document contents
(government), Slovak Republic, Switzerland. 49 Brazil, Croatia, Czech Republic, Estonia, France, Georgia, Ireland,(for political party registration/appeal board), Republic of Korea, Luxembourg
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Legal Issue and/or Topic
  • Election Dispute Resolution
  • Legal Frameworks
  • Regional Jurisprudence
Language
  • English
Date added
Dec 23, 2021
Resources

Election Case Law Analysis Series: Lessons for Regulating Campaigning on Social Media

Document contents
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
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Legal Issue and/or Topic
  • Legal Frameworks
Language
  • English
Date added
Dec 22, 2021
Resources

Election Case Law Analysis Series: Lessons on Gender Equality and Women’s Political Participation

Document contents
berliner- zeitung.de/en/germany-mulls-electoral-gender-equality-law-li.138445 20 Basic Law for the Federal Republic of Germany in the revised version published in the Federal Law Gazette Part III
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Legal Issue and/or Topic
  • Electoral Inclusion
Language
  • English
Date added
Dec 22, 2021
Resources

Guide Electoral, Tome III Référencement jurisprudentiel 2006-2018

Description
Compendium of electoral case law from the Democratic Republic of the Congo
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • French
Date added
Dec 22, 2021
Resources

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

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
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

Electoral Justice: Here, Now, Tomorrow [The Case of Serbia]

Document contents
Article 3 Law on the Election of the President of the Republic, Official Gazette of the Republic of Serbia, Nos. 111/2007 and 104/2009 – Other Law. 13
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
  • Serbian
Date added
Oct 25, 2021
Resources

The Right to Participate in the Government of One's Country in the Context of an Election Held During a Public Health Emergency or a Pandemic, Such as the COVID-19 Crisis, No. 001/2020, Advisory Opinion, African Court on Human and Peoples' Rights [Afr. Ct. H.P.R.] (July 16, 2021).

Document contents
The Author states that it is an African organisation based in Arusha, United Republic of Tanzania. It further states that it is recognised by the African Union (hereinafter
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Legal Issue and/or Topic
  • COVID-19 (Postponement and Accessibility)
Language
  • English
Date added
Jul 26, 2021
Resources

Budding Democracy or Judicialisation: Lessons from Africa’s Emerging Electoral Jurisprudence

Document contents
President, Africa Judges and Jurists Forum (AJJF), Retired Chief Justice of the Republic of Kenya and former President of the Supreme Court of Kenya CHAPTER 1
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Legal Issue and/or Topic
  • Election Annulments
  • Election Dispute Resolution
Language
  • English
Date added
Jun 4, 2021
Resources

Election Investigations Guidebook

Document contents
of the Republic of Armenia adjunct to the Government of the Republic of Armenia — information on the fact of being absent from the Republic of Armenia
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
Date added
Dec 28, 2020
Resources

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.
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

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
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

Georgian Labour Party v. Georgia

Document contents
systems of electoral administration in Belgium, Bosnia and Herzegovina, Bulgaria, the Czech Republic, Germany, Hungary, Italy, Moldova, Portugal, Serbia, Spain, Sweden and the
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Legal Issue and/or Topic
  • Electoral Fraud
  • Regional Jurisprudence
  • Violation of an International Treaty
Language
  • English
Date added
Sep 23, 2020
Resources

Incal v. Turkey

Document contents
Freedoms (“the Convention”). It originated in an application (no. 22678/93) against the Republic of Turkey lodged with the Commission under Article 25 by a Turkish national, Mr
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Legal Issue and/or Topic
  • Regional Jurisprudence
  • Violation of an International Treaty
Language
  • English
Date added
Sep 23, 2020
Resources

Atakishi v. Azerbaijan

Document contents
date: PROCEDURE 1. The case originated in an application (no. 18469/06) against the Republic of Azerbaijan lodged with the Court under Article 34 of the Convention for the
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Legal Issue and/or Topic
  • Regional Jurisprudence
  • Violation of an International Treaty
Language
  • English
Date added
Sep 23, 2020
Resources

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
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

Kerimova v. Azerbaijan

Document contents
date: PROCEDURE 1. The case originated in an application (no. 20799/06) against the Republic of Azerbaijan lodged with the Court under Article 34 of the Convention for the
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Legal Issue and/or Topic
  • Election Annulments
  • Regional Jurisprudence
  • Violation of an International Treaty
Language
  • English
Date added
Sep 23, 2020
Resources

Hajili v. Azerbaijan

Document contents
date: PROCEDURE 1. The case originated in an application (no. 6984/06) against the Republic of Azerbaijan lodged with the Court under Article 34 of the Convention for the
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Legal Issue and/or Topic
  • Election Annulments
  • Regional Jurisprudence
  • Violation of an International Treaty
Language
  • English
Date added
Sep 23, 2020
Resources

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

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,
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

Aliyev v. Azerbaijan

Document contents
date: PROCEDURE 1. The case originated in an application (no. 18705/06) against the Republic of Azerbaijan lodged with the Court under Article 34 of the Convention for the
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Legal Issue and/or Topic
  • Regional Jurisprudence
  • Violation of an International Treaty
Language
  • English
Date added
Sep 23, 2020
Resources

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

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
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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