case law as well as data from EMB case management systems that captures administrative decisions made and resolutions or remedies extended. 2. Is the remedy timely? One way of assessing the timeliness of remedies is by looking at what is set out in the legal framework regarding timelines (legal deadlines, the electoral calendar, constitutional requirements, and international principles), and the level of adherence to those timelines. This examination could review the actual or average time it takes to resolve certain types of election complaints, as well as the number of appeals directly related to a lack of timely remedy. As outlined by Martin Kuijer in “Effective Remedies as a Fundamental Right,” the experience of the ECtHR has been that repetitive appeals to the ECtHR “generally reveal a failure to implement effective domestic remedies…if States fail to provide effective remedies, individuals will systematically be forced to refer to the Court in Strasbourg complaints that would otherwise . . . have to be addressed in the first place within the national legal system.”98 Surveys could also be used to assess whether complainants consider their claim was dealt with in a timely manner. 3. Was the remedy proportional to the violation or irregularity? Measuring the proportionality of a remedy will require reference to other models, such as those used in the criminal justice sphere. For example, a significant amount of literature and scientific research exists on evidence-based practice regarding probation policies. That is, “supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under probation, parole or post-release supervision.”99 Significant research also exists on sentencing for white collar crime, which differs from other criminal offenses in the relationship between offender and victim: “[u]nlike the victims of violent crime, victims of white-collar crime rarely suffer from direct physical harm or the apprehension of such injury. . . .These features of white-collar crime are important to legal theory because they call attention to the complicated relationship of these offenses to the harm principle.”100 This body of research may be particularly applicable to the elections context, as the impact that white-collar crimes such as tax evasion or fraud may have could be similar to certain types of electoral fraud in “undermining the trust and integrity essential for the effective functioning of the economy and polity.”101 4. Is the remedy enforceable? This question requires a review of whether the state can and does enforce remedies. Enforceability could be assessed via comparative analysis of factors such as: access to the 98 Martin Kuijer, Escuela Judicial Española & European Judicial Training Network, Effective Remedies as a Fundamental Right 2 (2014) http://www.ejtn.eu/Documents/About%20EJTN/Independent%20Seminars/Human%20Rights%20BCN%202829%20April%202014/Outline_Lecture_Effective_Remedies_KUIJER_Martin.pdf. 99 Hon. J. Richard Couzens, Placer County Superior Court (Ret.), “Evidence-Based Practices-Reducing Recidivism to Increase Public Safety: A Cooperative Effort by Courts and Probation” June, 2011, at 5. 100 Samuel W. Buell, Fraud in Government & Punishment and Public Attitudes, in “WHITE COLLAR” CRIMES 853 & 859 (2014), http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=6035&context=faculty_scholarship. 101 Id.

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