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2. Efficient structure of the election monitoring
complied with the election law:
When considering the problems caused by the electoral
misconduct, the reform of the election in Thailand seems to be
necessary to include the required principles through the amendment
of the election law. This study has examined the Act, the Court
Sentences, and other related studies and the finding is leading to
6 suggestions for the effective election monitoring as follows:
First, the voters must own the rights of objection to the
result of the election because they are the owners of sovereignty
with the rights to monitor the political procedure and express their
own political opinions.
Second, the duration for the objection to the result is an
important component in the election case, so the duration must be
appropriate, not too long and not too short. If the duration is too
short, the voters may not be able to gather the evidence to file the
case on time. In contrast, if the duration is too long or unlimited,
the objection can occur anytime along with the vulnerability of the
Parliament.
Third, the petition of the election case should not affect the
performance of the representatives in the Parliament. The accused
should be able to perform their duty as usual until the Supreme
Court and the Election Commission reach the final judgment.
การคัดค้านผลการเลือกตั้งโดยผู้มีสิทธิเลือกตั้ง 29
Fourth, the authorities to consider the election case must be
in the juridical system because of the expertise in law, the potential
process of considering the case, and the impartiality.
Fifth, the hearings of the case must include the whole fact of
the case, not only what is submitted through the petition due to the
significant impact of the case. The authorities usually have a better
access to relevant information to the case than the public. The court
should have the rights to gather related information and evidence to
be considered in the case thoroughly.
Last, the termination of the result in the election must be
related to the significant impact to the election in term of morality
and fairness.
The six suggestions are based on the election monitoring
complied with the law of the country with the intention to improve
Democratic Representative. The details of the legal procedure and
the local condition of Thailand must be taken into account. Although
the suggestions are to propose the reform of the election policy,
they may not lead to the actual action in the near future. The actual
solutions for the election may not become in action without the reform
of the election monitoring.