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Election disaster possible due to inflexibility in proposed candidate registration approach: Somchai


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Election disaster possible due to inflexibility in proposed candidate registration approach: Somchai

By The Nation 

 

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File Photo: Somchai

 

An outgoing member of the Election Commission (EC) has red-flagged the new organic bill on Lower House members, which disallows online application of election candidates, expressing concern that it could put the country at risk of losing billions in the event that brick-and-mortar application stations failed.

 

In a post to Facebook, Somchai Srisuthiyakorn pointed to the 2014 case in which the Constitutional Court ruled that an election was unconstitutional due to the dysfunction at some application stations.

 

At the time, demonstrations by the People’s Democratic Reform Committee (PDRC) were taking place in Bangkok and several other provinces. The protesters besieged some application stations, making it impossible for candidates to apply to run in the election. As a result, the February 2 general election could not be held successfully in some areas and the Constitutional Court declared the election illegal.

 

Somchai said that failure had wasted some Bt3 billion of the state budget.

 

Learning from the mistake, the outgoing EC had developed a parallel online system through which candidates could apply to run in the poll, while also continuing the option for people to use the traditional brick-and-mortar stations, Somchai said.

 

However, the new organic law allows only the traditional approach, he said.

 

If the events of 2014 recur, the law states that authorities could designate new stations in place of the inaccessible ones, the EC member added.

 

“If that is the case, then maybe candidates from Nakhon Sri Thammarat [located in the south] may have to travel all the way to Udon Thani [in the northeast] just to apply to run in an election,” Somchai wrote, implying that the traditional means was rather inflexible.

 

However, Somchai said the EC was ready to cooperate with the law and would not petition its constitutionality.

 

Source: http://www.nationmultimedia.com/detail/politics/30330746

 
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-- © Copyright The Nation 2017-11-3
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The elections look to be a dog and pony show.  Candidates need more time to legally organize.  

13 hours ago, snoop1130 said:

Constitutional Court ruled that an election was unconstitutional due to the dysfunction at some application stations.

That alone makes it disturbingly easy to null en void an election.  

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2 hours ago, yellowboat said:

The elections look to be a dog and pony show.  Candidates need more time to legally organize.  

That alone makes it disturbingly easy to null en void an election.  

The Constitutional Court has now nullified three elections to date I believe.

 

I also recall that in the case of the February 2014 election that in addition to the PDRC blocking candidate registration stations, it also prevented about 10% of voter turnout from voting at their polling stations. I believe that all the candidates were able to register in time for the general election and there was no constitutional challenge with that.

 

But in response to those denied those denied voting as was their constitutional right to vote, the EC and government jointly made provisions for taking their votes at newly designated poll stations several days after the national election. It was that provision for the additional voting after the date of the national election that the Constitutional Court invalidated the entire election. The reason given was that people were only allowed to vote on the one day specified by the Constitution. However, the Constitution did have provisions for follow up voting in a number of situations for which blocked voter venues would have qualified.

 

When the Constitutional Court cites nonexistent laws or ignores laws in the course of its authority, there is little legal recourse for the Thai people. Under the 2017 Constitution the Constitutional Court has even greater incontestable power.

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