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Election law is a discipline falling at the juncture of constitutional law and political science. It researches "the politics of law and the law of politics". The conceptual knowledge behind election law focuses on who votes, when that person can vote, and the construction behind the tabulated totals.[1]

Issues

Some of the questions that are addressed by election law are:

Sources of election law

This article may be expanded with text translated from the corresponding article in Spanish. (October 2013) Click [show] for important translation instructions. View a machine-translated version of the Spanish article. Machine translation like DeepL or Google Translate is a useful starting point for translations, but translators must revise errors as necessary and confirm that the translation is accurate, rather than simply copy-pasting machine-translated text into the English Wikipedia. Consider adding a topic to this template: there are already 4,894 articles in the main category, and specifying|topic= will aid in categorization. Do not translate text that appears unreliable or low-quality. If possible, verify the text with references provided in the foreign-language article. You must provide copyright attribution in the edit summary accompanying your translation by providing an interlanguage link to the source of your translation. A model attribution edit summary is Content in this edit is translated from the existing Spanish Wikipedia article at [[:es:Derecho electoral#Fuentes del derecho electoral]]; see its history for attribution. You should also add the template ((Translated|es|Derecho electoral#Fuentes del derecho electoral)) to the talk page. For more guidance, see Wikipedia:Translation.

Regimes in comparative law

France

The French electoral code addresses most of the elections. However, other texts frame this material for special elections. Thus the Constitution but fixed some general basic provisions concerning the presidential election, the legislative and senatorial elections.

For litigation election, the court depends on the concerned election. The Constitutional Council is responsible for the most important elections: presidential elections and senatorial elections or referendums. In contrast, to the municipal or district elections the administrative tribunal has jurisdiction, then the appeal is to the State Council. Finally, for the regional and European elections, the Council of State which has jurisdiction at first and last resort.

In decisions on electoral matters, the law takes into account the results: if an essential principle is violated, the election is canceled but if fraud is "classic" (ballot stuffing, failure to register as voters, vote the dead ...) but the election was won (after counting of ballots invalidated) with a large or very large lead, the judge then cancels rarely the result.[2]

Italy

The Italian Constitution fixes some general basic provisions concerning the legislative elections. Electoral disputes in Italy are complex because they are divided between several court orders. For example, with regard to the dispute concerning registration of candidates for ballots or litigation election, the administrative court has jurisdiction. For eligibility and disfranchisement, the judge is the ordinary tribunal.[3]

If a fraud is proven by the judge, it does not cancel necessarily the elections,[4] unless they think that the result of election without the fraud would not have been identical. The survival of the acts already performed by the elected organs would seem solved by abundant case law that protects innocent trust of third parties.[5]

Mexico

Main article: Elections in Mexico

Elections in Mexico are held every 6 years to elect a president and every 3 years to elect a legislature. These elections determine who, on the national level, takes the position of the head of state – the president – as well as the legislature. At the local level, each of Mexico's 31 constituent states elects a governor to serve a six-year term; they also elect legislative deputies who sit in state congresses, and municipal presidents (presidentes municipales, or mayors). Mexico City, the national capital, elects a head of government in lieu of a mayor, city assemblymen in lieu of state congressional deputies, and borough mayors in lieu of municipal mayors.

Philippines

Main article: Elections in the Philippines

The president, vice-president, and the senators are elected for a six-year term, while the members of the House of Representatives, governors, vice-governors, members of the Sangguniang Panlalawigan (provincial board members), mayors, vice-mayors, members of the Sangguniang Panlungsod/members of the Sangguniang Bayan (city/municipal councilors), barangay officials, and the members of the Sangguniang Kabataan (youth councilors) are elected to serve for a three-year term.

Synchronized with the national elections are the local elections. The voter may vote for any of the following:

If the city the voter is residing in a highly urbanized city, or independent component city. or in Pateros, the voter can not vote for any of the provincial-level positions.

Republic of the Congo

Main article: Election law of the Republic of the Congo

United States

Main article: Elections in the United States

Elections in the United States are held for government officials at the federal, state, and local levels. At the federal level, the nation's head of state, the president, is elected indirectly by the people of each state, through an Electoral College. Today, these electors almost always vote with the popular vote of their state. All members of the federal legislature, the Congress, are directly elected by the people of each state. There are many elected offices at state level, each state having at least an elective governor and legislature. There are also elected offices at the local level, in counties, cities, towns, townships, boroughs, and villages; as well as for special districts and school districts which may transcend county and municipal boundaries.

United Kingdom

In the United Kingdom, election law is legislated for by The Houses of Parliament. The statutory governance of UK Election law comes from acts of parliament such as the Fixed-term Parliaments Act 2011. The Electoral Commission's mandate and establishment was set out in the Political Parties, Elections and Referendums Act 2000 (PPERA), and ranges from the regulation of political donations and expenditure by political and third parties through to promoting greater participation in the electoral process.

The Electoral Administration Act 2006 made a number of improvements to electoral registration, improving the security arrangements for absent voting, allowing observers to attend elections and a major change in reducing the minimum age for candidates at UK parliamentary elections. It also introduced the performance standards regime for electoral services.

See also

References

  1. ^ "Electoral Laws —". aceproject.org. Retrieved 2018-06-26.
  2. ^ On the other side, opposite judgement comes when the participation of the lists has resulted in an imbalance, also because the deviation of the votes between the two clusters is less than one thousand ballotts: Buonomo, Giampiero (2001). "La partecipazione (viziata) delle liste produce uno squilibrio nel voto". Diritto&Giustizia Edizione Online.[dead link]
  3. ^ "A principle of separation of powers ( ... ) is the rationale of the law ( ... ) which ousts the administrative courts from ineligibility dispute": Buonomo, Giampiero (2000). "Il giudicato civile in materia elettorale preclude l'azione popolare davanti al Tar". Diritto&Giustizia Edizione Online.[dead link]
  4. ^ The faults, as null and void, cannot justify a reversal "by forfeit" of the electoral outcome: Buonomo, Giampiero (2000). "Elezioni Molise: gestione incerta fino all'annullamento definitivo". Diritto&Giustizia Edizione Online.[dead link]
  5. ^ Buonomo, Giampiero (2002). "L'incandidabilità di un eletto travolge il consiglio regionale abruzzese (e ripropone gli interrogativi molisani)". Diritto&Giustizia Edizione Online.[dead link]

Further reading