Election Disputes Research Articles

Continuing Disputes and Validity of Voting for the Regent and Deputy Regent of Yalimo Regency in Papua Indonesia

This study examines the disputed decisions made by the Constitutional Court of the Republic of Indonesia on the election of the Regent and Deputy Regent of Yalimo Regency, Papua Province, in 2020 that do not adhere to the principle of permanent and final legal force. The Constitutional Court's decision on the dispute over the election of the elected Regent and Deputy Regent resulted in a lengthy case due to the possibility of re-election, which still resulted in general election disputes. The author discusses the consequences of re-election, which has the potential for ongoing disputes at the Constitutional Court of the Republic of Indonesia, as well as non-compliance with the principle of final punishment, which has permanent legal force from the standpoint of fairness and justice. Findings from the study of the proposed candidate having been sentenced by the court, as well as the validity of the vote count results in the District that has been declared valid and not re-voted in the Constitutional Court Decision Number 97/PHP.BUP-XIX/2021 (Study of Constitutional Court Decision Number 145/PHP BUP-XIX/2021) are also presented. According to this study, in the dispute over the election of Yalimo's regent and deputy regent, the judge decided on the same case, which had permanent legal force and violated the principle of legal certainty.

A Constitutional Court Decision Has Final Law And Binding Related to Decision No. 57/PHP.BUP-XIX/2021, North Halmahera Election Results Disputes

Constitutional Court Decision(MK) who is final and binding as stated in Article 24 C paragraph (1) of the 1945 Constitution of the Republic of Indonesia, and Saccording to the provisions of article 47,and explanation of article 10 paragraph (1), Law no. 24 year 2003. The final nature of this Constitutional Court decision includes binding legal force (final and binding).. It turns out, in amarConstitutional Court Decision No 57/PHP.BUP-XIX/2021 cause new legal problems or conflicts of norm because it does not yet have final and binding power in the North Halmahera election dispute, because the Constitutional Court's decision still opens the opportunity for new applications to be resubmitted in the Constitutional Court. MKNumber 14/PHP.BUP-XV/2017, and Decision Number 42/PHP.BUP-XV/2017, on amarthe decision is very clear, the decision has binding power after the decision so that the Constitutional Court can no longer re-hear the election results case after the PSU has been carried out, only the determination is carried out after the KPUD reports the PSU results.This study aims to analyze, first,Is the Constitutional Court's decision no longer final and binding in dealing with regional election disputes, especially the North Halmahera regional election dispute, second, how are the legal problems of the Constitutional Court's decision which is no longer final and binding?. This research is qualified into normative legal research, with an approach Legal approach (Statute Approach), Concept Approach and Case approach. The results of the study show, firstly, that the Constitutional Court's decision creates new legal problems in its decisions which are different from the previous decisions, Second, there is a need for Consistency of the Constitutional Court in deciding disputes that are final and binding so that it does not cause new problems in constitutional law

Interpreting the Functions of the Roman Clergy in the Early Fifth Century

Examining the information we have about deacons and presbyters in Rome during the first two decades of the fifth century contributes to the larger picture of their role and function and is instructive for several reasons. While there has been scholarly attention drawn to the prescriptive decrees of the Roman bishops regulating the life of their clergy, particularly regarding the clerical cursus honorum and lifestyle (marriage and sexual continence), less has been given to descriptive information about how deacons and presbyters operated. Although far from complete, this information is valuable. From the letters of Innocent I (402–417) we discover much about the liturgical functions of such clerics (through the invaluable letter to Decentius of Gubbio) as well as the role they played in being episcopal letter-bearers and negotiators. From Boniface I (418–422) we are reminded of another role of deacons and presbyters, that of electors and candidates for episcopal office. This information is filtered through the imperial correspondence concerning the electoral dispute between Boniface and Eulalius. We only gain insight into this process of episcopal election in practice when something went wrong. In this case, the undercurrent of tension between deacons and presbyters in Rome overflowed into open rivalry that required imperial intervention. This dispute is linked with the tensions that characterized the last months of Zosimus’s episcopacy of 417–418, where complaints about the bishop reached the imperial court in Ravenna and seem to have flowed from reactions to Zosimus’s changing responses to the Pelagian controversy. Such tension between deacons and presbyters existed in the time of Damasus (366–384), as revealed through Ambrosiaster and Jerome. It would be reasonable to conclude that such tension was present throughout this fifty-year period, ignited by different issues and most visible at the time of the election of a new bishop. Why then do we not find evidence of this tension under Innocent I? Perhaps he was a successful enough manager of his personnel that there were no significant outbreaks, or whatever problems there were did not require him to write about them to anyone else, thereby eliminating any trace of them from recorded memory. Most of our information comes filtered through the bishop’s perspective, and it is only with a letter sent from the presbyters of Rome to Ravenna in 419 in support of Boniface that we hear anything from the clergy themselves during this period. The evidence for the liturgical function of presbyters in the letter to Decentius perhaps unwittingly helps us understand the tension. Presbyters were closely tied to the populace, while, as we know from elsewhere, deacons were more closely tied to the bishop. It was the priestly or sacramental function of presbyters in controlling the boundaries of church membership that contributed to the collision course between them and the financially and administratively powerful deacons.

The Effects of Political Attitudes on Affective Polarization: Survey Evidence from 165 Elections

How do individual-level political attitudes influence affective polarization on a global scale? This article contributes to the debate on the social distance of party affect by testing a set of hypotheses in 165 elections across the world. With a sample of over 170,000 voters, the results of multilevel mixed-effects regressions demonstrate that ideological radicalism, political knowledge, and external efficacy substantively affect how voters see the main political parties in electoral disputes taking place in 52 countries from 1996 to 2019. Satisfaction with democracy, however, is context-dependent; it positively influences affective polarization only when generalized democratic satisfaction is low. Furthermore, I show that these correlations remain stable regardless of the operationalization of affective polarization—that is, based on two dominant parties and weighted for multiparty competition. These findings provide robust inputs to the study of party preferences and social distance in a cross-national longitudinal perspective.

Uma análise do perfil dos secretários de saúde: interfaces entre saúde e os processos político-eleitorais

ABSTRACT The present paper aims to systematize information on health leaders inserted in state and municipal governments, to reflect on technical, academic and political influences in shaping their trajectories, seeking to contribute to the design an overview of Unified Health System (SUS) management at subnational bodies. The study is supported by research from secondary sources, including official databases, government portals and commercial news. Information from the secretaries of the 26 states and their capitals, in addition to the Federal District, in office in May 2021, was processed, generating 53 resumes, that were categorized as specialists (79%), health professionals (75%), career politicians (25%) and businesspeople (19%). Despite the significant partisan influence, a process of formation of bureaucratic cadres by the parties was found, beyond the electoral dispute. Of the thirteen career politicians identified, eleven were also typified by the analysis as ‘specialized’, questioning senses about the opposition between ‘technical’ versus ‘political’ profiles, suggesting the relevance of the intersections of trajectories. An exceptionality of technical insulation of health was not confirmed. Thus, the image that political party forces are antagonistic to academic training and experience in public administration is unrealistic, suggesting that health is simultaneously specialized and politicized.

Counting Electoral Votes: How the Constitution Empowers Congress - And Not the Vice President - To Resolve Electoral Disputes

Counting Electoral Votes: How the Constitution Empowers Congress - And Not the Vice President - To Resolve Electoral Disputes

Applicability of procedural reflection of the court in the settlement of electoral disputes (analysis of the practice of the ecthr)

Applicability of procedural reflection of the court in the settlement of electoral disputes (analysis of the practice of the ecthr)

Solving the Jigsaw Puzzle: The Jurisdiction of IEBC Dispute Resolution Committee and the Political Parties Dispute Resolution Tribunal in the Resolution of Electoral Disputes and Malpractices in Kenya

Solving the Jigsaw Puzzle: The Jurisdiction of IEBC Dispute Resolution Committee and the Political Parties Dispute Resolution Tribunal in the Resolution of Electoral Disputes and Malpractices in Kenya

CATEGORIES OF LITIGATION IN CASES OF PROTECTING THE ELECTORAL RIGHTS OF CITIZENS OF THE RUSSIAN FEDERATION

The article examines the main types of electoral disputes considered by Russian courts in recent years.Illustrated by examples of court disputes on appealing decisions of election commissions on registration orrefusal to register candidates for elections of deputies of legislative (representative) government bodies of the constituent entities of the Russian Federation and local government bodies, senior officials of the constituententities of the Russian Federation (heads of the supreme executive body of state power of the constituententity of the Russian Federation), appeal against the registration of candidates (electoral associations) inconnection with violations committed during the campaign, as well as violations during voting and theestablishment of the results and results of elections. Based on the analysis of the established judicial practice,some amendments to the electoral legislation have been proposed

The Role of the Regional Economic Communities and their Strategies to Promote and Uphold Credible and Legitimate Electoral Processes in Africa

Electoral malpractices in Africa are multifaceted, intertwined, and complex. Most African countries have held regular elections, albeit often flawed and contested. Elections have been contested because of structural problems within States and elections have become highly competitive. The rise of authoritarian democracies where most elections serve as a means of survival for African leaders determined to remain in power has resulted in disputed elections. The shrinking political spaces within States has led to a slide towards authoritarian democracy. The capture and neutralisation of democracy-enhancing institutions has caused vote-rigging, voter intimidation, and manipulation of vote results to mention a few. The phenomena of third termism and increasing prospects of life presidencies have been common causes of disputed elections. The use of constitutional and soft coups to retain power has often resulted in contested elections. These and many other structural issues have affected the credibility and legitimacy of elections in Africa mostly. The Regional Economic Communities (RECs) have assumed a role to address these challenges. They have adopted legal instruments to promote democratic elections. They are involved in observing elections (pre- and post-electoral audits), mediation, political negotiations, and dialogues. In some cases, they have imposed sanctions on States violating constitutional order to protect democracy within States. This article discusses how the RECs have dealt with election disputes in the past decades, and their strategies to promote and uphold credible and legitimate electoral processes in their regions. This article concludes by highlighting the challenges of electoral democracy within the RECs, and what they could do better to promote credible and legitimate elections in their regions.

Adjudicating Presidential Election Disputes in Africa: The Emerging Challenge of Election Technology

Challenging the results of presidential elections in courts in many African countries is largely a phenomenon that accompanied the fall of dictatorships and one-party regimes across Africa in the late 1980s and early 1990s. The reintroduction of multiparty democracy entailed that elections would be genuinely contested between several candidates, with the possibility that opposition leaders could wrestle power from the incumbent leaders. Many constitutions or electoral laws adopted following this wind of change provide for the possibility of aggrieved individuals and/or entities to seek legal redress in courts of law or other quasi-judicial bodies, usually on specified grounds. This phenomenon is now compounded by the increased use of Information Communication Technology (ICT) in the electoral process. In the last ten years, almost all presidential election disputes in Africa have revolved around failure or alleged tampering with the ICT facilities in the electoral process. It would, therefore, seem that ICTs, although helpful in increasing efficiency in the electoral process, provide possible new and cleaner ways of stealing elections. This new development presents new challenges to courts as ICTs are often adopted by Electoral Management Bodies (EMBs) without appropriate changes to the electoral laws to enhance transparency and accountability. This article analyses how the courts are facing the challenge of increased use of technology in elections and explores the way forward in terms of progressive interpretation and proactive adjudication of election matters.

The Union Election Commission of Myanmar 2010–2020

AbstractThe 2008 Constitution of the Union of Myanmar establishes the framework for a ‘discipline-flourishing’ constitutional democracy in which the Tatmadaw, the Burmese military, retains a significant degree of power. Under this Constitution, the Union Election Commission (UEC) is vested with significant authority to supervise elections, regulate political parties and electoral campaigns, register voters, suspend elections, and to make conclusive determinations in electoral disputes. Between 2010 and 2020, the UEC oversaw three consecutive general elections and three by-elections. Following a term under the former military leadership, the country's major democratic opposition party, the National League for Democracy (NLD), won a resounding victory in the 2015 elections. In the years that followed, civilian-military relations were a source of tension, as the NLD attempted to reform the executive and legislative roles for the military guaranteed by the Constitution. These tensions became in particular tangible during the 2020 elections, which the NLD again won in a landslide victory. The military alleged the election was marred by fraud while the UEC rejected this allegation. On 1 February 2021, hours before the new parliament was to convene, the Tatmadaw staged a coup d’état. This article reviews the UEC in its constitutional and political context. It identifies its institutional features, significant points in its brief history, and the impact of UEC leadership as a contributing factor in fostering confidence in the electoral process.

Disqualification of the Candidate Pair for the Elected Regional Head of Sabu Raijua Regency

The dispute over the results of the regional head election of Sabu Raijua Regency which is legally formal has passed the deadline for submitting a dispute request (expired). Through the Constitutional Court Decision No. 135/PHP.BUP-XIX/2021, cancels KPU's decision regarding the determination of the elected pairs of candidates for Regent and Deputy Regent and orders a re-election and disqualification of the elected candidate pair. This research is normative juridical research (doctrinal law research) using a statutory approach and a case approach. The data obtained were analyzed and presented descriptively analytically. The finding in this study indicates that, the basis for the consideration of the Constitutional Court in ordering a re-election and disqualifying the chosen pair chosen by the people of Sabu Raijua Regency, is based on the legal fact that the violation of the principle of 'honest' from the Orient Patriot Riwu Kore pair who from the beginning of the registration stage the prospective candidate pair hides the United States citizenship status he holds, which if this foreign citizenship status is known from the beginning, then administratively does not qualify as a candidate pair. In addition, the election dispute for Sabu Raijua Regency is specific and casuistic which creates a legal need and vacuum, and if it is not acted upon, in principle it has violated the exclusive rights of citizens in government guaranteed by the 1945 Constitution.

Role of the Courts in Ensuring Free and Fair Elections in Kenya

Although the Judiciary has made many decisions that are consistent with the ideal of free and fair elections in the last fifty-six years, its dominant approach to electoral dispute resolution generally entails making superficially sound but disingenuous and deeply flawed decisions. This ‘clever’ approach, referred to as ‘legal sophistry’ in this article, generally entails an inflexible emphasis of legal and procedural technicalities; eschewing or suppressing serious genuine questions regarding the validity and integrity of elections; disingenuous adoption of discreditable case law from countries that practice pseudo or sham democracy; and manipulation of the law in favour of incumbency. Legal sophistry is inconsistent with the transformative agenda of the 2010 Constitution, which, inter alia, requires the Judiciary to promote the values and principles embodied in the Constitution and determine (electoral) disputes without undue regard to technicalities of law and procedure. Legal sophistry undermines the ideal of free and fair elections in at least three significant ways. First, it encourages electoral fraud and malpractice. Secondly, it leads to absurd or unjust outcomes, such as judicial affirmation of flawed elections. Lastly, legal sophistry undermines democracy, the rule of law and public confidence in the courts as honest arbiters of political disputes. The entrenchment of legal sophistry as the Judiciary’s dominant approach to electoral dispute resolution has defied constitutional, legal and institutional reforms specifically designed to end it. The resilience of legal sophistry may be attributed to the factors that have influenced the evolution of the Judiciary from its inception to date, especially colonial legacy, corruption, patronage politics, impunity and the institutional degradation of the pre-2010 years.

Adjudicating electoral disputes or judicialising politics? The Supreme Court of Ghana and the disputed 2012 presidential election in perspective

ABSTRACT The constitutional role of Supreme Courts to adjudicate disputed electoral outcomes is well-accepted within contemporary democracies. How a Supreme Court’s judicial reasoning is portrayed in the popular press will impact on citizens’ understanding of and commitment to democratic processes. In the protracted litigation in the aftermath of Ghana’s disputed 2012 election, its Supreme Court found its judgements and management of proceedings represented as partial, in terms of an unelected body determining political outcomes. This article explores two key questions: what was the nature of the coverage of the Court’s reasoning, and to what extent did this coverage fortify or threaten the legitimacy of the Supreme Court within the political system? It concludes that the specialist politics and law journalists failed to demystify the constitutional reasoning of the Court in such a way that ordinary citizens were able to gain an understanding of the judicial reasoning being applied. There is, the authors believe, some value in examining this issue despite the passage of time since the delivery of the court’s verdict.

Rethinking the Supreme Court’s Appellate Jurisdiction on Questions Involving Interpretation or Application of the Constitution

Walter Khobe in his article, ‘The Jurisdictional Remit of the Supreme Court of Kenya Over Questions Involving the ‘Interpretation and Application of the Constitution’ lauds the Supreme Court for adopting the unbound normative derivative doctrine to justify its enlarged jurisdiction under article 163(4)(a) of the Constitution, 2010 in matters arising from interpretation or application of the Constitution, including election petitions. Whereas I agree in principle that the doctrine is firmly embedded in the Constitution, I submit that invoking the doctrine as a means to exercise appellate jurisdiction specifically in election disputes is inconsistent with a holistic reading of the Constitution and election laws. Besides, the sui generis nature of election disputes and the capacity constraints of the Supreme Court, among other factors, militate against a blanket application of the doctrine in exercise of appellate jurisdiction in election petitions. In the end, I recommend that to foreground the broad transformative goals of the Constitution, the Supreme Court should decline any invitation to exercise appellate jurisdiction in election petitions, especially under article 163(4) (a).

Developing Jurisprudence beyond the Horizon

This paper scrutinises the Supreme Court decision that nullified Kenya’s presidential election in 2017. It emphasises that, thanks to judicialisation of politics in Kenya’s current constitutional era, the judiciary is placed at the centre of resolving electoral disputes. Basing arguments on articles 20 and 38 of the 2010 Constitution, the paper draws attention to the shortfalls in the Supreme Court’s reasoning in its decision to nullify the election. It is suggested that, a proper right-centric approach, one that is conscious of the people’s sovereign will in a political democratic process, would have led the court to question whether the election result expressed the will of the electorate. Thus, it is argued that the precedent’s standard on nullification of an election has proved inadequate and has eroded the institutional integrity of the Court. With an eye on the next general elections, recommendations are made on how the Supreme Court may improve this condition.

Kewenangan Bawaslu Kabupaten/Kota dalam Menyelesaikan Sengketa Proses Pemilu Menurut Undang-Undang Nomor 7 Tahun 2017 Tentang Pemilu

The purpose of this study is to determine the authority of the Regency/City General Election Supervisory Body (Bawaslu) in resolving electoral process disputes based on Law Number 7 of 2017 concerning Elections. The research method used is normative juridical through a statutory approach. The main data sources in this study consist of primary legal materials, secondary legal materials and tertiary legal materials. Data analysis was carried out qualitatively through analytical and prescriptive methods. The conclusions drawn by the researcher from the results of this study were carried out using a qualitative descriptive normative method. The results of the research are that the Regency/Municipal General Election Supervisory Body (Bawaslu) has the authority to resolve electoral process disputes that occur in regencies/municipalities, both among election participants or election participants with the KPU due to the issuance of a Decree or Official Report. The process of implementing electoral process disputes is carried out through mediation and adjudication. Election process dispute decisions made by Bawaslu are final and binding, except for election process disputes relating to the verification of Election Political Parties, determination of DCT members of DPR, DPD, Provincial DPRD, and Regency/Municipal DPRD as well as the determination of Candidate Pairs that can be sued to the Election Commission. Administrative Court (PTUN). It is recommended to Bawaslu to strengthen the human resources of Bawaslu members at the Regency/City level, especially the ability of Bawaslu members to resolve disputes in the election process.Keywords: Authority, Regency/City, Dispute, Election

Complexity of Village Democracy Problems in Law Number 6 of 2014 Concerning Village

The implementation and institutionalization of democracy with the absence of substantial democratization in the lower level of community does necessarily cause a problem. What it has been becoming a culture and being embraced by people for hundred or even thousand years, would be difficult to be transformed, even though its canalization is in the form of constitution. It may work in the conceptual level yet it may find obstacles in the implementation one. This condition influences the implementation of Village Constitution. The village democracy institutionalization is the focus of this study that covers three forms, they are: the election of village head, the village head election disputes, and term of office of village head. The research method of this study is normative-juridical. The writer initially studied the juridical provisions concerning the three main problems above, and then analyzed the implementation problems in the field. The result of this research showed that the direct election of village heads, village head election disputes done by the regional head, and term of office of the village head office for six (6) years in three periods as it is written on Laws Number. 6 of 2014, causes many problems theoretically as well as philosophically. The result of this study is described descriptively and analytically in the analysis part

Hidden in plain sight? Irregularities on statutory forms and electoral fraud

The most common method of tabulating election results around the world is manually compiling paper forms at the local level. Recent election disputes in developing democracies, particularly in Africa, have centered on irregularities observed on these forms. However, scholars do not yet have a good understanding of the distribution of these irregularities, nor of their relationship to systematic fraud. In this paper, we theorize a catalog of irregularities that goes beyond simple vote tally editing. We use deep neural networks to identify these irregularities on forms from about 30,000 polling stations in Kenya’s 2013 presidential election. We find that although irregularities manifest differently in government and opposition strongholds, they do not correlate with election outcomes, and they are unaffected by the presence of electoral observers. Taken together, our findings suggest scholars of election integrity should pay greater attention to problems of benign human error and overtaxed bureaucrats.