Election Commission

Thailand

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The Election Commission of the Kingdom of Thailand (Thai: คณะกรรมการการเลือกตั้ง; RTGS: Khana Kammakan Kan Lueak Tang; Abrv: ECT) is an independent government agency and the sole Electoral Commission of Thailand tasked with overseeing Senate, House, local and district elections throughout the Kingdom of Thailand. Established by the Constitution, the Election Commission (EC) has extensive powers to manage, oversee, and regulate the electoral process. The EC adopted a highly interventionist approach to the 2000 Senate elections, the 2006 House elections, and the 2007 House elections, forcing re-elections and disqualifying many candidates.

Roles and responsibilities

The primary role of the Commission is ensure that that elections carried out in the Kingdom of Thailand is lawful and compatible with the Constitution. It is also in charge of enforcing National election laws covering: House of Representatives, Senate, Districts, Referendums, Bangkok Gubernatorial elections and Political parties. Its constitutional duty includes the publishing and all election returns, therefore formalizing them. The Commissioners also have the right to disqualify a candidate, or call for a re-count for a particular seat.

Its responsibilities include the organization, management and counting of all elections and voting in the Kingdom, all procedures and staff will also be under the Commission's administration. Other roles are to advise and suggest to the National Assembly future policies concerning elections and suffrage. The Commission also have legal power as a law enforcement agency to investigate and indict those who break election laws through: bribery, corruption, vote buying and blackmail. The Commission also has powers to investigate the finances and donor lists of all political parties. Other responsibilities include: to educate the public about elections and the importance of them.

Structure

The Election Commission of Thailand is made up of a committee of five members; one President (Thai: ประธานกรรมการการเลือกตั้ง) and four associate Commissioner (Thai: กรรมการการเลือกตั้ง). The administrative side of the commission is ran by the Secretary of the Commission (Thai: เลขาธิการคณะกรรมการการเลือกตั้ง). As well as being a regular member of the commission, the five members are also given various responsibilities. All Commissioners are appointed by the King, with the advice of the Senate of Thailand; for a term of seven years. The current Commission is the 3rd set of commission, appointed on 20 September 2006 (immediately after the 2006 Thai coup d'état) :

History

Prior to 1992, the responsibility of overseeing elections fell on the Ministry of Interior or Mahatthai Ministry. Under the premiership of Anand Panyarachun after the Thai general election of 1992, the Prime Minister realised the need to create a central and independent body, whose sole purpose was to regulate and manage elections. As a result on the 22 March 1992 the "Committee to Administer and Investigate Elections to the House of Representatives" (Thai: "คณะกรรมการติดตามและสอดส่องดูแลการเลือกตั้งสมาชิกสภาผู้แทนราษฎร") was created, a precursor of the Commission. The Commission in its current form was created in the 1997 Constitution of Thailand.

2006 House election

The Thai general elction of 2006, which was held on the 9 April for the House of Representatives and the 19 April for the Senate. The main opposition parties composed of: the Democrat Party, the Chart Thai Party and the Mahachon Party decided to boycott the election. They felt that Thaksin Shinawatra's government has unfairly called an election to divert public attention form the Shin Corp scandal. Despite this the Election Commission and the government continued and press for the election, the election went ahead.

On 3 April 2006, the People's Alliance for Democracy (PAD) petitioned the Administrative Court to suspend the results of the election and accused the Election Commission of violating voter privacy. It accused the Commission of placing voting booths so that voters' backs were to the public, whereas in previous elections, voters faced the public, with a board one-half meter tall at the front of the booth separating the voter from the public. The Commission claimed the new arrangement was designed to prevent various forms of poll fraud including the use of cameras by voters to take photographs of their ballots. After the 2005 election, cameras and cameraphones had been banned from voting stations due to fears that canvassers would demand ballot photographs in return for money.^[1][2][3] However, the PAD claimed that this allowed onlookers to peek over voters' shoulders and see who they voted for.^[4][5]

The elections were finally declared invalid by Thailand's Constitutional Court, which found that the positioning of the voting booths violated voter privacy. The Constitutional Court later pressured the Election Commission to resign for its management of the April elections. The Court was unsuccessful in pressuring the then President to resign; however, it did prevent the Senate from appointing a replacement for commissioner Jaral Buranapansri, who had died.^[6] This prevented the Commission from achieving a quorum.^[7] It later found the remaining Commissioners guilty of malfeasance and jailed them, albeit for only one night. an entirely new commission was appointed.

2007 House election

Polling Station during the 2007 election, a voting booth in the foreground, election workers (including a guard) in the background.

A number of MPs (mainly those elected for the PPP) were given so-called "red cards" for suspected vote-buying, meaning they will not be able to contest the resulting by-elections, while other MPs issued with "yellow cards" are not banned from contesting such by-elections.^[8] By 3 January 2008, the Election Commission had endorsed 397 MPs and was still investigating 83 MPs for fraud.^[9]

By-elections were held on 13 January, 17 January, 20 January (the day before the first session of the newly elected parliament) and 27 January 2008.^[10] The Electoral Commission was still looking into allegations of fraud by PPP deputy leader Yongyuth Tiyaphairat; if he is given a red card, the PPP faces dissolution. PPP officials have stated that they are not worried over the possible dissolution, and that they would simply find a new party instead; local reports state that a likely candidate for takeover by PPP members would be the Thai Land Power Party (Palang Pandin Thai Party).^[11]

Disqualified were:

• PPP
  • red cards for Prakit Poldej, Pornchai Srisuthiyothin, Rungroj Thongsri – Buri Ram Province Constituency 1^[12]
  • yellow cards for Boonlert Krudkhunthod, Linda Cherdchai, Prasert Chanruangthong – Nakhon Ratchasima Province Constituency 3^[13]
  • yellow card for Thanatorn Losunthorn – Lampang Province Constituency 1^[14]
  • yellow cards for Surathin Phimarnmekhin, Anan Sriphan, Cherdchai Wichianwan – Udon Thani Province^[15]
  • yellow cards for Prasop Busarakham and one other MP, with Busarakham's card changed to red later^[16] – Udon Thani Province Constituency 3^[17]
• Thai Nation Party
  • red cards for two MPs – Chai Nat Province^[17]
• Democrat Party
  • yellow card for Suthat Jansaengsi – Phetchabun Province^[15] 86
• For the Motherland Party
  • yellow cards for two MPs^[18]

2008 Senate election

No major event occurred.

See also

• Elections in Thailand
• Constitution of Thailand
• Thai general election, April 2006
• Thai general election, 2007
• House of Representatives of Thailand
• List of ministries of Thailand

References

External links

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