Guidelines for Understanding, Adjudicating, and Resolving Disputes in Elections Allowing EMBs a stronger preliminary role permits election related cases to be quickly reviewed as to their seriousness and substance, and allows commissions to screen frivolous or insignificant matters. Courts should be able to deny a full review and affirm actions or judgments of election authorities when those authorities have properly prepared for judicial review. Thus, election management bodies not only gather evidence more quickly, but also can serve as a filter to initially screen out trivial or unsubstantiated allegations, and to prioritize investigation of serious cases (subject to appeal). A. Country Example: Thailand 6 In many countries, the authority of the national EMB and subordinate commissions in adjudicating election-related disputes and complaints is often unclear under the electoral laws. By contrast, the Election Commission of Thailand (ECT) has been provided extraordinary powers for complaints adjudication as an independent body established by the Constitution. The ECT is authorized by law to exercise broad authority for investigation, adjudication and imposition of severe penalties to punish election law violators, based upon a historically defensible emphasis upon deterring “vote buying.” The ECT uses its power to overturn election outcomes as a primary means for punishment and, presumably, deterrence. Repeat elections are ordered in cases where the elections are deemed to have not been fair because of widespread allegations of violations, particularly due to vote-buying, regardless of whether the violations have been shown to have changed the election outcome. The tradition of the ECT requiring repeat elections and issuing “red cards” (banning certain candidates from further participation) and “yellow cards” (accusing certain candidates of likely violations) based upon ECT review of allegations has become engrained in the Thai system as the main sanction for electoral violations. This mechanism involves arguably harsh penalties for candidates considered to have committed, collaborated in or ignored violations of electoral laws (with potentially severe consequences for their Robert A. Dahl, Adjudication of Election Complaints: Overview and Assessment of the Legal Framework and Process, Presentation at a Conference Sponsored by the Election Commission of Thailand (June 2008). 6 116