We Will Disqualify Wrongdoers Before Thai Election, EC Panel Warns

[webfact]

We will disqualify wrongdoers before election, EC panel warns

By Prapasri Osathanon,

Olarn Lertrattanadamrongkul

The Nation

26 complaints, 140 tip-offs of illegal activity so far

The Election Commission warned yesterday that election candidates would be disqualified even before the July 3 general election if they clearly violated electoral law.

EC chairman Apichart Sukhagganond said the election agency's investigators were collecting information to determine whether any candidates had committed violations, such as buying votes or wrongly attacking their rivals.

"I believe that disqualification of candidates is possible before the July 3 election. The EC does not need to wait until after the election. We can do it in the run-up," Apichart said. "However, to give any candidate a 'red card', there must be clear evidence pointing to that candidate."

He said a candidate would be disqualified if he or she was found to have personally committed an electoral-law violation.

In the case of other people committing wrongdoings on behalf of candidates, their election victory will be annulled and the EC will call another round of voting in

their constituency, with the "yellow-carded" candidates being allowed to contest the new vote.

"EC investigators are gathering information and completing their investigations. If no red cards are issued ahead of the election, we [the EC] still have 30 more days to do so after the election, before we announce the voting results," he said. "I believe red cards and yellow cards will be issued," the EC chairman said. "This has been the case for every election."

Apichart said that to disqualify any candidate - giving him or her a red card - votes were required from at least four out of the five election commissioners, and not just a simple majority of three.

The election commissioner in charge of election management, Prapun Naigowit, said there had so far been 26 complaints and 140 tip-offs of electoral fraud and the EC was expediting its investigations.

Democrat Party leader Abhisit Vejjajiva yesterday called on the EC to disqualify a case or two of vote buying ahead of the election, as a warning to cheaters that the EC was serious.

"I believe this would help a lot" as a deterrent against vote buying, said the caretaker prime minister. But he added that he was aware that the EC needed convincing evidence before making a decisive move to disqualify a vote-buying candidate.

In a related development, the EC called a meeting of election directors from all provinces yesterday to discuss problems in different areas.

The election commissioner responsible for public participation, Wisuth Pothitaen, called on the officials to remain neutral, safeguard the EC's secrets, and coordinate with relevant agencies for speed and efficiency.

"If you fail to follow the proper procedures, nobody can help you when you are in trouble," he said.

Meanwhile, Pracha Promnok, a senior Pheu Thai figure who is an adviser to the party's centre against electoral fraud, said yesterday that a Pheu Thai candidate in the northeastern province of Buri Ram had petitioned the EC accusing a competitor from an unidentified political party of buying votes.

Pracha said the candidate from a rival party in Buri Ram had called two meetings of local residents early this month, after which the participants were paid Bt200 to Bt300 each, with those arriving in cars getting an extra Bt500 each and those riding motorcycles receiving an additional Bt100.

-- The Nation 2011-06-14

[virtualtraveller]

Under the current rules you disqualify a cheating candidate and re run the poll in that constituency but thats pointless since the party just puts up his/her sibling or offspring or whatever and wins the seat anyhow. Far better would be to award the victory to the next most popular candidate after the disqualification. In any case, by the time the investigation and hearing is completed fairly the govt will already be formed so it becomes irrelevant in the grander scheme of things.

Edited June 14, 2011 by virtualtraveller

[Ricardo]

I think it's more about trying to discourage individual candidates, from blatant vote-buying, a small step in the right direction, but agree that changing MPs'/candidates' behaviour is going to take a long time. The encouraging thing is that anyone is actually trying !

On the wider scale the actions of the E.C., in being willing to disband parties whose executives are conniving at cheating whole-sale, and also handing-out 5-year-bans from participation, perhaps gives parties a reason to be slightly-more honest or discrete. Although some groups seem to be very slow learners, and still indulge in the sort of activities, which got their previous 'incarnations' disbanded. Perhaps the punishments need to be greater ?

A cynic might suggest, that every time there is a demonstration against the E.C., it shows that their efforts have actually achieved something !

Edited June 14, 2011 by Ricardo

[samurai]

Under the current rules you disqualify a cheating candidate and re run the poll in that constituency but thats pointless since the party just puts up his/her sibling or offspring or whatever and wins the seat anyhow. Far better would be to award the victory to the next most popular candidate after the disqualification. In any case, by the time the investigation and hearing is completed fairly the govt will already be formed so it becomes irrelevant in the grander scheme of things.

... and wins the seat anyhow.

That is the relevant point.

A violation of the electoral law don't has to be exactly cheating, dirty tricks or something without the candidate in question would never have a chance to win.

[animatic]

Giving the cheaters any kind of fear of repercussions is a positive step, even if the big bosses are less likely to get caught now.

[whybother]

Jail time would be a better dis-incentive.

[anterian]

So a group of Dems go around disfiguring all the Dem posters, this gets the PT candidate suspended, or vice versa, sounds an interesting tactic

[jdinasia]

So a group of Dems go around disfiguring all the Dem posters, this gets the PT candidate suspended, or vice versa, sounds an interesting tactic

I think perhaps you should go back and reread the article.

To get a red-card it requires the action of the candidate himself --- a yellow card if people take action on your behalf.

[anterian]

So a group of Dems go around disfiguring all the Dem posters, this gets the PT candidate suspended, or vice versa, sounds an interesting tactic

I think perhaps you should go back and reread the article.

To get a red-card it requires the action of the candidate himself --- a yellow card if people take action on your behalf.

Sorry, I did not realised you lacked a sense of humour. OK yellow card. A bit like fining a football club for the behaviour of its supporters.

[whybother]

So a group of Dems go around disfiguring all the Dem posters, this gets the PT candidate suspended, or vice versa, sounds an interesting tactic

I think perhaps you should go back and reread the article.

To get a red-card it requires the action of the candidate himself --- a yellow card if people take action on your behalf.

Sorry, I did not realised you lacked a sense of humour. OK yellow card. A bit like fining a football club for the behaviour of its supporters.

So the Dem candidate will get a yellow card if the Dem supporters are caught damaging Dem posters. If no one gets caught, no one gets a card.

[anterian]

So a group of Dems go around disfiguring all the Dem posters, this gets the PT candidate suspended, or vice versa, sounds an interesting tactic

I think perhaps you should go back and reread the article.

To get a red-card it requires the action of the candidate himself --- a yellow card if people take action on your behalf.

Sorry, I did not realised you lacked a sense of humour. OK yellow card. A bit like fining a football club for the behaviour of its supporters.

So the Dem candidate will get a yellow card if the Dem supporters are caught damaging Dem posters. If no one gets caught, no one gets a card.

Yet another who lacks an appreciation of the humour in the ludicrous

[ianbaggie]

I have to say - im noticing more and more the vandalised election road hoardings - but I havent seen a vandalised Pheu Thai poster yet.

[ianbaggie]

Under the current rules you disqualify a cheating candidate and re run the poll in that constituency but thats pointless since the party just puts up his/her sibling or offspring or whatever and wins the seat anyhow. Far better would be to award the victory to the next most popular candidate after the disqualification. In any case, by the time the investigation and hearing is completed fairly the govt will already be formed so it becomes irrelevant in the grander scheme of things.

... and wins the seat anyhow.

That is the relevant point.

A violation of the electoral law don't has to be exactly cheating, dirty tricks or something without the candidate in question would never have a chance to win.

huh???

[hanuman1]

I have to say - im noticing more and more the vandalised election road hoardings - but I havent seen a vandalised Pheu Thai poster yet.

Yes, the only defaced posters I've seen are those of the Dems. Not nice to see, but at least Chuwit's No.5 ones never fail to amuse.

[newermonkey]

Will candidates get prosecuted when a serious road accident is caused by illegally placed placards on the side of roads and junctions. It is ilegal in Thailand to post a bilboard within 3 meters of the road side as this reduces visibility for road users?

Will candidates get prosecuted when they cause a noise nuisance when the convoy of megaphoned kitted out pickup trucks blast out stupid noise at over 200db can I call the police and have them arrested when they break the noise laws?

[hanuman1]

Will candidates get prosecuted when a serious road accident is caused by illegally placed placards on the side of roads and junctions. It is ilegal in Thailand to post a bilboard within 3 meters of the road side as this reduces visibility for road users?

Will candidates get prosecuted when they cause a noise nuisance when the convoy of megaphoned kitted out pickup trucks blast out stupid noise at over 200db can I call the police and have them arrested when they break the noise laws?

There are noise laws? I'd like to hear those.

[Thaddeus]

Will candidates get prosecuted when a serious road accident is caused by illegally placed placards on the side of roads and junctions. It is ilegal in Thailand to post a bilboard within 3 meters of the road side as this reduces visibility for road users?

Will candidates get prosecuted when they cause a noise nuisance when the convoy of megaphoned kitted out pickup trucks blast out stupid noise at over 200db can I call the police and have them arrested when they break the noise laws?

There are noise laws? I'd like to hear those.

You can't hear them, they are just a whisper.

[newermonkey]

Will candidates get prosecuted when a serious road accident is caused by illegally placed placards on the side of roads and junctions. It is ilegal in Thailand to post a bilboard within 3 meters of the road side as this reduces visibility for road users?

Will candidates get prosecuted when they cause a noise nuisance when the convoy of megaphoned kitted out pickup trucks blast out stupid noise at over 200db can I call the police and have them arrested when they break the noise laws?

There are noise laws? I'd like to hear those.

Yes... http://www.pcd.go.th/info_serv/en_reg_std_airsnd04.html :jap:

[samurai]

Under the current rules you disqualify a cheating candidate and re run the poll in that constituency but thats pointless since the party just puts up his/her sibling or offspring or whatever and wins the seat anyhow. Far better would be to award the victory to the next most popular candidate after the disqualification. In any case, by the time the investigation and hearing is completed fairly the govt will already be formed so it becomes irrelevant in the grander scheme of things.

... and wins the seat anyhow.

That is the relevant point.

A violation of the electoral law don't has to be exactly cheating, dirty tricks or something without the candidate in question would never have a chance to win.

huh???

Be the friendly popular guy in your community, throw a party for your supporters, provide some free snacks, a band playing some music, hand out some gimmicks like pens or shower caps, your friend from oversee holding a little speech what for a lovely chap you are, a lady from the community center says thank you for your donation to improve to renovate and improve the public children playground a stand up comedian telling some jokes and rant a little bit about the other candidate.

On election day win with 18453 votes, 153 people vote for other candidates. 149 for candidate B and 4 for candidate D.

But you are a cheater, you violated the electoral law in at least

a) 2

b ) 4

c) 8 points.

Whats your guess?

[tigermonkey]

Under the current rules you disqualify a cheating candidate and re run the poll in that constituency but thats pointless since the party just puts up his/her sibling or offspring or whatever and wins the seat anyhow. Far better would be to award the victory to the next most popular candidate after the disqualification. In any case, by the time the investigation and hearing is completed fairly the govt will already be formed so it becomes irrelevant in the grander scheme of things.

... and wins the seat anyhow.

That is the relevant point.

A violation of the electoral law don't has to be exactly cheating, dirty tricks or something without the candidate in question would never have a chance to win.

huh???

Be the friendly popular guy in your community, throw a party for your supporters, provide some free snacks, a band playing some music, hand out some gimmicks like pens or shower caps, your friend from oversee holding a little speech what for a lovely chap you are, a lady from the community center says thank you for your donation to improve to renovate and improve the public children playground a stand up comedian telling some jokes and rant a little bit about the other candidate.

On election day win with 18453 votes, 153 people vote for other candidates. 149 for candidate B and 4 for candidate D.

But you are a cheater, you violated the electoral law in at least

a) 2

b ) 4

c) 8 points.

Whats your guess?

Impossible to guess -- not enough information . Is the " popular guy " Thai ? What are the snacks ? By " oversee" , do you mean the EC ? Is the "donation" cash or donated renovations and improvements ? Are the rants insulting and dishonest ?

Edited June 14, 2011 by tigermonkey

[jdinasia]

In Thailand that would violate election law on a minimum of 2 points ... can't give away anything including food or trinkets..... Th band and speech are OK I think ... but the comedian ranting about the other candidate would also be wrong. I am not sure about pointing out the donation to the playground.

Doesn't matter though -- none are red-card violations and the food alone would probably warrant a yellow-card.

[OZEMADE]

This Red Yellow card thing comes up every election and not much comes from it.

The last election had the same crap.

Thaielection agency issues more yellow cards to winning candidates + - 17:03, January07, 2008

The Election Commission (EC) of Thailand Monday issued fourmore yellow cards to a winning candidate of the Democrat Party and threewinning candidates of the People Power Party (PPP).

EC Commissioner Praphan Naikowit said on Monday that SuthatJansaengsi, a winning candidate of the Democrat Party in Phetchabun Province;PPP candidates Surathin Phimarnmekhin, Anan Sriphan, Cherdchai Wichianwan inUdon Thani Province were disqualified because of election frauds.

Earlier, the EC has issued three red cards and three yellowcards to six PPP candidates.

According to the election law, a candidate who was issuedwith a red card will be disqualified in the by-elections, while a candidatewith a yellow card still can re-contest the by-elections.

During the general election held on Dec. 23 last year, thePPP won a total of 233 of the 480 parliament seats, while the Democrat Partywon 165. However, the EC said the election agency has got many reports ofelection fraud cases and it will rely on evidence to rule on how many red andyellow cards to be issued on electoral frauds.

Of all the 480 winners, the EC is still investigating onmore than 70 candidates who are suspected of election frauds and the electionagency will announce the final result of the under-investigation candidates byJan. 21.

After the by-elections, the first parliament meeting isscheduled to be held on Jan 22.

Source: Xinhua

[samurai]

... and wins the seat anyhow.

That is the relevant point.

A violation of the electoral law don't has to be exactly cheating, dirty tricks or something without the candidate in question would never have a chance to win.

huh???

Be the friendly popular guy in your community, throw a party for your supporters, provide some free snacks, a band playing some music, hand out some gimmicks like pens or shower caps, your friend from oversee holding a little speech what for a lovely chap you are, a lady from the community center says thank you for your donation to improve to renovate and improve the public children playground a stand up comedian telling some jokes and rant a little bit about the other candidate.

On election day win with 18453 votes, 153 people vote for other candidates. 149 for candidate B and 4 for candidate D.

But you are a cheater, you violated the electoral law in at least

a) 2

b ) 4

c) 8 points.

Whats your guess?

Impossible to guess -- not enough information . Is the " popular guy " Thai ? What are the snacks ? By " oversee" , do you mean the EC ? Is the "donation" cash or donated renovations and improvements ? Are the rants insulting and dishonest ?

The popular guy is Thai, member of a well respected family.

The snacks are muu ping and khao niau, grilled pork and sticky rice.

"Oversee" is a typo. I meant "oversea" as for foreigner or a person not being of Thai nationality.

He paid for the renovation, for new sand in the sandbox and for a new slide and two seesaws. To get the workers paid who repainted the old monkey bars he left some cash at the office in community center, so the lady there could give them their wage (without red tape).

The rants weren't that worse but a person lacking any sense of humour might describe them as inducing the misunderstanding in the popularity of that other candidate.

[samurai]

In Thailand that would violate election law on a minimum of 2 points ... can't give away anything including food or trinkets..... Th band and speech are OK I think ... but the comedian ranting about the other candidate would also be wrong. I am not sure about pointing out the donation to the playground.

Doesn't matter though -- none are red-card violations and the food alone would probably warrant a yellow-card.

It's more than 2 and the penalty for almost all of these violation could be imprisonment for a term of one to ten years and a fine of twenty thousand to two hundred thousand Baht.

The give aways of anything (the gimmicks like a shower cap) and food (the snacks) are a violation of two different paragraphs alone.

The comedian did it wrong. You spotted that right.

The band and the comedian (no matter what he said) are not OK, but a violation of the same paragraph that prohibits organizing an entertainment.

The speech was by a foreigner friend from oversee a misleading typo and should be read as friend from oversea. - sorry for that. It's an important point before you give an OK for it.

And there is still more to spot.

[chuang]

I have to say - im noticing more and more the vandalised election road hoardings - but I havent seen a vandalised Pheu Thai poster yet.

Yes, the only defaced posters I've seen are those of the Dems. Not nice to see, but at least Chuwit's No.5 ones never fail to amuse.

As soon as the PTP found a vandalised posters...the put up a new one...simple as that...

[Puccini]

...A cynic might suggest, that every time there is a demonstration against the E.C., it shows that their efforts have actually achieved something !

I would say such observation is actually a fact, not cynicism.

[ginjag]

In Thailand that would violate election law on a minimum of 2 points ... can't give away anything including food or trinkets..... Th band and speech are OK I think ... but the comedian ranting about the other candidate would also be wrong. I am not sure about pointing out the donation to the playground.

Doesn't matter though -- none are red-card violations and the food alone would probably warrant a yellow-card.

It's more than 2 and the penalty for almost all of these violation could be imprisonment for a term of one to ten years and a fine of twenty thousand to two hundred thousand Baht.

The give aways of anything (the gimmicks like a shower cap) and food (the snacks) are a violation of two different paragraphs alone.

The comedian did it wrong. You spotted that right.

The band and the comedian (no matter what he said) are not OK, but a violation of the same paragraph that prohibits organizing an entertainment.

The speech was by a foreigner friend from oversee a misleading typo and should be read as friend from oversea. - sorry for that. It's an important point before you give an OK for it.

And there is still more to spot.

What a load of bull is being talked about this that and the other, it would be good if a bit of humor was included in the posts, I wanted to respond to the fact that they will disqualify before the election date.

If foreigners G/F partners or wives have been given all these money handouts and we know. WHY doesn't the E.C. know?? and act all this has been going on for a month now, but they need evidence?? so I suppose no one could have been planted in areas (sort of undercover) this is a very difficult task Ha

[samurai]

...A cynic might suggest, that every time there is a demonstration against the E.C., it shows that their efforts have actually achieved something !

I would say such observation is actually a fact, not cynicism.

Last time when the EC was pretty sure that a violation of the law deserved punishment in form of a party dissolution and a ban from politics for the party executives they spoiled it and the court dismissed the case because of a legal technicality. The EC didn't conduct the legal process properly.

[samurai]

In Thailand that would violate election law on a minimum of 2 points ... can't give away anything including food or trinkets..... Th band and speech are OK I think ... but the comedian ranting about the other candidate would also be wrong. I am not sure about pointing out the donation to the playground.

Doesn't matter though -- none are red-card violations and the food alone would probably warrant a yellow-card.

It's more than 2 and the penalty for almost all of these violation could be imprisonment for a term of one to ten years and a fine of twenty thousand to two hundred thousand Baht.

The give aways of anything (the gimmicks like a shower cap) and food (the snacks) are a violation of two different paragraphs alone.

The comedian did it wrong. You spotted that right.

The band and the comedian (no matter what he said) are not OK, but a violation of the same paragraph that prohibits organizing an entertainment.

The speech was by a foreigner friend from oversee a misleading typo and should be read as friend from oversea. - sorry for that. It's an important point before you give an OK for it.

And there is still more to spot.

What a load of bull is being talked about this that and the other, it would be good if a bit of humor was included in the posts, I wanted to respond to the fact that they will disqualify before the election date.

If foreigners G/F partners or wives have been given all these money handouts and we know. WHY doesn't the E.C. know?? and act all this has been going on for a month now, but they need evidence?? so I suppose no one could have been planted in areas (sort of undercover) this is a very difficult task Ha

FYI: The load of bull is being talked about this that and the other, is called the Organic Act on the Election of Members of the House of Representatives and the Installation of Senators, B.E. 2550.

Cannot be wrong to have some knowledge about it before making foolish comments.

The E.C. don't know it as long nobody tells them that. All you have to do is to report it to the authorities. There is money($$$$) that can be made, no kidding.

Any person who violates Section 20, Section 53, Section 57 paragraph one, Section 70 or Section 83 shall be liable to imprisonment for a term of one to ten years and to a fine of twenty thousand to two hundred thousand Baht, and the court shall order the disfranchisement for a period of ten years.

In the case where there was a violation of Section 53 and the court passed a final judgment sentencing the author of such violation, the court shall reward the person who had reported the information with not more than half the amount of the fee. (Section 137, Organic Act on the Election of Members of the House of Representatives and the Installation of Senators, B.E. 2550 )

Section 53 covers money handouts.

[samurai]

Jail time would be a better dis-incentive.

Interesting is that in an other thread you were so proud that a BJT candidate got re-elected in a by-election after he got disqualified by the EC.