No second poll decree required, Thai govt says

[webfact]

No second poll decree required, govt says
Chanikarn Phumhiran,
Somroutai Sapsomboon,
Prapasri Osathanon
The Nation

Phongthep says EC request to 'legalise' voting in the South is not necessary

BANGKOK: -- In another sign of discord, the government rejected a proposal by the election agency yesterday to issue a new Royal Decree to set a new date for voting in southern provinces where there were no candidates in the election.

The Election Commission (EC) resolved yesterday to propose that the caretaker government issue a new Royal Decree to set a new poll date for 28 constituencies in eight provinces which have no candidates.

Election commissioner Somchai Srisuthiyakorn said after a special meeting that the EC felt the government needed to issue a new decree to handle polling in the 28 constituencies because the EC had no authority. There were no candidates in these seats because protesters had blocked candidates from registering. He said the poll agency would submit its opinion by letter and asked the government to respond as soon as possible.

However, the proposal was rebutted by caretaker Deputy Prime Minister Phongthep Thepkanjana. He said it was not necessary to issue a new decree as each one allowed the EC to hold voting until all MP seats are filled, as required by the Constitution, or 95 per cent of the 500 seats before convening a House session.

"You can trace back to 1997 when we first had the EC to organise the election. As long as the EC has not endorsed the poll results it can hold voting several times under the same decree," he said.

However, the government would consult with its legal advisers if the EC sent the proposal, he said.

If the government issues a new decree to conduct polling in the 28 constituencies without candidates it could automatically nullify the February 2 ballot, legal experts claim.

Former Democrat MP legal expert Wirat Kalayasiri said the EC had no authority to set a new poll date for those constituencies. The only way to fill MPs in the 28 constituencies was to issue a new decree to set a new general poll date for the whole country or 375 constituencies, following Article 108 of the charter.

Meanwhile, many figures in the ruling party have admitted to the increasing likelihood that the February 2 election will be declared void and that Pheu Thai will be unable to form a new government after the poll, a party source has claimed.

The party's secretary-general, Phumtham Vechayachai, said yesterday that Pheu Thai had not ruled out the possibility of the election being declared void although its politicians see no legal issues that could lead to such a scenario.

The Democrat Party filed a petition to the Constitutional Court this week seeking to nullify the poll

The EC spent six hours in its meeting yesterday to decide what to do with several problems related to the election.

It resolved to hold new voting in 671 polling stations in seven provinces that closed or failed to open because of blockades or disruptions. These were some of the total of 10,284 stations in 18 provinces, where protesters blocked ballots from being cast last Sunday. The provinces are Rayong, Yala, Pattani, Narathiwat, Phetchaburi, Prachuap Khiri Khan, and Satun. The EC will talk with election chiefs in the seven provinces next Tuesday on when the new date should be set.

The EC also resolved to organise new voting for absentee voting in 83 constituencies in 15 provinces, which were blocked by protesters on January 26. Around 2 million voters failed to cast their ballots on that day.

The EC's Somchai said voting at polling stations where some people had managed to initially cast ballots but which was later disrupted by protesters would not be held again. The EC would instead count the already-cast ballots, he said.

The February 2 election caused many problems for the EC. Some 28 constituencies had no candidates; more than 10,000 polling stations were not able to open; about 10 million voters were not able to cast ballots; a second round of advance voting is still needed; and 16 constituencies having only one candidate. As well, party-list MPs cannot be decided until people vote in 15 southern provinces where polling was not held due to the ballot cards being blocked and not delivered.

But people still managed to vote at almost 90 per cent of polling stations on February 2.


-- The Nation 2014-02-08

[spirit47]

Time over....

[chainarong]

I think Wirat is correct, a general election was held, there were no candidates,the poll has closed , so the whole shebang has to be done again.

[Prbkk]

This is rubbish from EC. Had it been "an act of god" preventing voting in some constituencies, he would not be calling for a new decree. This is political. No need...just get on with it, organise the election and do your job or F off

[LuckyLew]

This is rubbish from EC. Had it been "an act of god" preventing voting in some constituencies, he would not be calling for a new decree. This is political. No need...just get on with it, organise the election and do your job or F off

I think they will choose the F off option, the EC is in no rush to do anything that will allow the desert coward to regain control

[seajae]

here we go again, people that do not know/understand the laws etc telling the EC what is and isnt allowed, we already know the the ptp has no idea and is only talking sh*t and it looks like the red backers are following suit, ho hum.

[whybother]

This is rubbish from EC. Had it been "an act of god" preventing voting in some constituencies, he would not be calling for a new decree. This is political. No need...just get on with it, organise the election and do your job or F off

I think it may depend on whether new candidate registrations are required. If it was simply moving the poll date because of an "act of god", then that might be fine.

Some electorates have no candidates, so candidate registration is needs to be done again. Some electorates had incomplete polling, so do people who didn't get to vote just miss out, or does a the full election need to be rerun for that electorate?

There was a royal decree for the by-elections for the 8 Democrat MPs that resigned last November, so there is a precedent for the royal decree for by-elections.

[MaxLee]

We don't give a damn to anyone, we won't listen to anyone, we do it our way, we do it, Pheu Thai way no matter what anyone says...

[Spalpeen]

This slithering around by the EC shows their utter contempt for the roughly 20 million people who have already voted, and for the millions more who still want to do so. It has nothing to do with laws or decrees or deadlines. It is, plain and simple, an attack on the democratic will of the Thai people as expressed clearly on Feb 2nd 2014.

[focus27]

I smell a trap by the EC. Another bit of time-wasting.

Sections 93 and 109 make no mention that another Royal Decree is necessary. Indeed, were the gov to fall into this trap and the by-elections fail again, they would have a problem in that the same decree cannot be issued twice for the same reason, that is, the willful sabotage of the election process by persons known.

One thing, it seems to me that the ministers still in the caretaker government don't seem able to separate statements made as ministers and as party politicians - unlike their other party members, they are still in office. It is also a slippery slope for ministers to really slam other organs of government. Does the PTP not have a committee that can make official statements on behalf of the party but without a minister opening his or her mouth?

Let us also not forget that the election commissioner wanted to resign over the whole fiasco. The EC have been less than competent and at some point may need a legal kicking.

[focus27]

This is rubbish from EC. Had it been "an act of god" preventing voting in some constituencies, he would not be calling for a new decree. This is political. No need...just get on with it, organise the election and do your job or F off

I think it may depend on whether new candidate registrations are required. If it was simply moving the poll date because of an "act of god", then that might be fine.

Some electorates have no candidates, so candidate registration is needs to be done again. Some electorates had incomplete polling, so do people who didn't get to vote just miss out, or does a the full election need to be rerun for that electorate?

There was a royal decree for the by-elections for the 8 Democrat MPs that resigned last November, so there is a precedent for the royal decree for by-elections.

Do you know why a royal decree was then necessary?

Edited February 8, 2014 by metisdead
30) Do not modify someone else's post in your quoted reply, either with font or color changes, added emoticons, or altered wording.

[Thait Spot]

This slithering around by the EC shows their utter contempt for the roughly 20 million people who have already voted, and for the millions more who still want to do so. It has nothing to do with laws or decrees or deadlines. It is, plain and simple, an attack on the democratic will of the Thai people as expressed clearly on Feb 2nd 2014.

I'll take what the EC says over a keyboard leprechaun any day

Sent from my Nexus 4 using Thaivisa Connect Thailand mobile app

[whybother]

This is rubbish from EC. Had it been "an act of god" preventing voting in some constituencies, he would not be calling for a new decree. This is political. No need...just get on with it, organise the election and do your job or F off

I think it may depend on whether new candidate registrations are required. If it was simply moving the poll date because of an "act of god", then that might be fine.

Some electorates have no candidates, so candidate registration is needs to be done again. Some electorates had incomplete polling, so do people who didn't get to vote just miss out, or does a the full election need to be rerun for that electorate?

There was a royal decree for the by-elections for the 8 Democrat MPs that resigned last November, so there is a precedent for the royal decree for by-elections.

Do you know why a royal decree was then necessary?

For the same reasons as they're necessary now?? Maybe because that's what the law says is required?? Do you know?

[h90]

This is rubbish from EC. Had it been "an act of god" preventing voting in some constituencies, he would not be calling for a new decree. This is political. No need...just get on with it, organise the election and do your job or F off

and how do you do a new candidate registration?

[SABloke]

EDIT: Self delet double post

Edited February 8, 2014 by SABloke

[SABloke]

This is rubbish from EC. Had it been "an act of god" preventing voting in some constituencies, he would not be calling for a new decree. This is political. No need...just get on with it, organise the election and do your job or F off

Thank god we have a legal expert like yourself otherwise we'd all be left guessing. Now if you could please elaborate in legal terms why what the Election Commission says regarding an ELECTION is rubbish, we can close this thread and all sleep well tonight. In Prbkk we trust. Amen

[Bluespunk]

"However, the government would consult with its legal advisers if the EC sent the proposal, he said."

So this statement is what this PT individual wants the legal position to be, rather than the legal position as defined by the law.

[Spalpeen]

This slithering around by the EC shows their utter contempt for the roughly 20 million people who have already voted, and for the millions more who still want to do so. It has nothing to do with laws or decrees or deadlines. It is, plain and simple, an attack on the democratic will of the Thai people as expressed clearly on Feb 2nd 2014.

I'll take what the EC says over a keyboard leprechaun any day

Sent from my Nexus 4 using Thaivisa Connect Thailand mobile app

.

I'll respect the votes of 20,000,000 Thai people over the word of 5 corrupt commissioners and 1 troll any day.

[webfact]

Election Commission proposes royal decree to declare new polls in 8 provinces
By Digital Content



BANGKOK, Feb 8 – The Election Commission (EC) has unanimously decided to propose the government to issue a royal decree for new elections in 28 constituencies in eight southern provinces.

EC member Somchai Srisuthiyakorn said after a tense six-hour meeting yesterday that the EC was quite confident that it could hold new elections in the five provinces of Rayong, Yala, Pattani, Narathiwat and Petchaburi.

“We are not quite sure if new elections could be successfully held in Prachuap Khiri Khan and Satun which have 222 and 300 polling stations, respectively,” he said.

He said violence might interrupt the balloting but the EC would reassess the situation again on Tuesday, after which EC leaders in the seven pending provinces would be invited to discuss preparations for the election.

In the 28 constituencies in eight southern provinces where not a single candidate has registered to run in the polls, Mr Somchai said the government would have to issue a royal decree for new elections, as the EC lacks the authority to do so.

“The EC will submit a letter to the government regarding the royal decree so that the government gives us a reply in writing,” he said.

He said there were individual comments that the government has already issued a royal decree for the Feb 2 general election and it would not issue another one for new elections.

“That’s why we need an official reply from the government, not an individual’s verbal response,” he said.

He said new ballots will have to be printed and the ballots will have new colours. He would not disclose the printing house.

EC secretary general Puchong Nutrawong said the EC has set March 30 for Senate election, and March 23 for advance election.

Candidacy registration is scheduled for March 4-8, he said. (MCOT online news)


-- TNA 2014-02-08

[MaxLee]

I smell a trap by the EC. Another bit of time-wasting.

Sections 93 and 109 make no mention that another Royal Decree is necessary. Indeed, were the gov to fall into this trap and the by-elections fail again, they would have a problem in that the same decree cannot be issued twice for the same reason, that is, the willful sabotage of the election process by persons known.

One thing, it seems to me that the ministers still in the caretaker government don't seem able to separate statements made as ministers and as party politicians - unlike their other party members, they are still in office. It is also a slippery slope for ministers to really slam other organs of government. Does the PTP not have a committee that can make official statements on behalf of the party but without a minister opening his or her mouth?

Let us also not forget that the election commissioner wanted to resign over the whole fiasco. The EC have been less than competent and at some point may need a legal kicking.

Nope, the Pheu Thai can PUSH THE RESET BUTTON have as many election as much as they want without any question asked...

[Scamper]

Anyone who is brave enough to digest all the facts in this article probably needs to lie down. This is a huge, grand mess. All the main characters in this play are still playing their inscrutable roles. They're still not talking to each other. Instead, they send frantic letters that the other side says they'll check to see if they've received. They speak to the camera. They'll never use the phone. The administration still sees no reason to listen to the advice of the EC. Or even to face them. The EC is subsequently now improvising wildly in its new role as banished constitutional advisor. In the meantime ...

" Some 28 constituencies had no candidates; more than 10,000 polling stations were not able to open; about 10 million voters were not able to cast ballots; a second round of advance voting is still needed; and 16 constituencies having only one candidate. "

This will all be decided by the current motion before the Constitutional Court. They will certainly not concur with Pheu Thai that " it can hold voting several times under the same decree " ! It hasn't been held on one day. Article 28 says it must. The election will be voided.

[Crushdepth]

Why open themselves up for yet another legal challenge? If the EC wants another decree just get one. These guys are monkey-dumb.

[Spalpeen]

Nope, the Pheu Thai can PUSH THE RESET BUTTON have as many election as much as they want without any question asked...

.

.......and they'll still win every time, until the so-called Democrat party stops whining and starts acting like a democratic political party.

[mightyatom]

This slithering around by the EC shows their utter contempt for the roughly 20 million people who have already voted, and for the millions more who still want to do so. It has nothing to do with laws or decrees or deadlines. It is, plain and simple, an attack on the democratic will of the Thai people as expressed clearly on Feb 2nd 2014.

So you saying that the EC should declare the elections full and final even though 28 constituencies are short and that means parliament can never been convened???

Is that what you are saying? So you consider this a brilliant election do you??

PTP don't want any more voting because they know it is all Dem territory and the 90% + 'no vote' will water down the mandate even more and make the PTP look a bunch of tits, (bigger tits than they already look).

No candidates means the election process would need to start from scratch in those constituencies, and that would DEMAND a royal decree.

PTP are on their way out, they know this election is void and they know it will be a few months of power for the next election to be organized, and they know the Dems will contest it and they know the Dems will mop up PTP's 7.5 million disenfranchised voters who have gone missing, and that added to their 12 million existing voter base will see them take a victory in the region of 19 mill versus about 8 million.

Thaksin does not want this to be seen, so they are clinging on for dear life in the hope they can get some more cash out of the system before F...ing off to Dubai.

Edited February 8, 2014 by mightyatom

[mightyatom]

Nope, the Pheu Thai can PUSH THE RESET BUTTON have as many election as much as they want without any question asked...

.

.......and they'll still win every time, until the so-called Democrat party stops whining and starts acting like a democratic political party.

Hahahaha.

EC has already leaked out that PTP have only 8 million votes and all voting was completed and unobstructed in the PTP voting areas, all that is left are hardcore Dem voting areas.

You are so 2011

Edited February 8, 2014 by mightyatom

[Melyn]

This slithering around by the EC shows their utter contempt for the roughly 20 million people who have already voted, and for the millions more who still want to do so. It has nothing to do with laws or decrees or deadlines. It is, plain and simple, an attack on the democratic will of the Thai people as expressed clearly on Feb 2nd 2014.

I'll take what the EC says over a keyboard leprechaun any day

Sent from my Nexus 4 using Thaivisa Connect Thailand mobile app

.

I'll respect the votes of 20,000,000 Thai people over the word of 5 corrupt commissioners and 1 troll any day.

image.jpg

That many votes must be worth billions oop north

I'd wager they would all be happy to have a new vote and take the cash again next month

Sent from my Nexus 7 using Thaivisa Connect Thailand mobile app

Edited February 8, 2014 by Melyn

[timewilltell]

Well either the Thais are incapable of writing laws or the minions reading them can't understand them. How you can get to a situation where the government doesn't really know if the vote will be valid or not given it will not be held on one day as the constitution seems to require and that there must be some interpretation of what has to now happen sort of sums up the whole sorry process. How can anyone have any confidence in a place that seems to have trouble with the most basic and fundamental requirements of a democracy. It would be funny but ordinary people with ordinary lives suffer because of the lack of responsibility and ethics of these scumbags on both sides.

Someone help Thailand please!

[Spalpeen]

This slithering around by the EC shows their utter contempt for the roughly 20 million people who have already voted, and for the millions more who still want to do so. It has nothing to do with laws or decrees or deadlines. It is, plain and simple, an attack on the democratic will of the Thai people as expressed clearly on Feb 2nd 2014.

So you saying that the EC should declare the elections full and final even though 28 constituencies are short and that means parliament can never been convened???

Is that what you are saying?

.

Are you saying that Thailand can never again have an elected government as long as any half-arsed bunch of terrorists.........

.

.........can disrupt voting in more than 5% of constituencies? Is that what you're saying? So if there was ever an election that the laughable 'Democrat' party had a chance of winning, all the reds would have to do is block voting in 6% of constituencies in the north east and Thailand would never have a government again?

Is that what you're saying? Any tiny group of terrorists can control Thailand as long as they can block a few polling stations?

Why don't the CC and EC stop dicking around and finish the election so we can see who won......like we don't know already.

Or maybe this lot..........

............should have a veto on Thai elections?

[Melyn]

Well either the Thais are incapable of writing laws or the minions reading them can't understand them. How you can get to a situation where the government doesn't really know if the vote will be valid or not given it will not be held on one day as the constitution seems to require and that there must be some interpretation of what has to now happen sort of sums up the whole sorry process. How can anyone have any confidence in a place that seems to have trouble with the most basic and fundamental requirements of a democracy. It would be funny but ordinary people with ordinary lives suffer because of the lack of responsibility and ethics of these scumbags on both sides.

Someone help Thailand please!

We're certainly at a junction.

Either the Constitution is not sophisticated enough or the unfolding of events is too complex for it.

You can see why the EC may say that the only option is to scrap it and start again

Sent from my Nexus 7 using Thaivisa Connect Thailand mobile app

[Spalpeen]

Well either the Thais are incapable of writing laws or the minions reading them can't understand them. How you can get to a situation where the government doesn't really know if the vote will be valid or not given it will not be held on one day as the constitution seems to require and that there must be some interpretation of what has to now happen sort of sums up the whole sorry process. How can anyone have any confidence in a place that seems to have trouble with the most basic and fundamental requirements of a democracy. It would be funny but ordinary people with ordinary lives suffer because of the lack of responsibility and ethics of these scumbags on both sides.

Someone help Thailand please!

We're certainly at a junction.

Either the Constitution is not sophisticated enough or the unfolding of events is too complex for it.

You can see why the EC may say that the only option is to scrap it and start again

Sent from my Nexus 7 using Thaivisa Connect Thailand mobile app

.

If a constitution allows a tiny gang of troublemakers to obstruct a national election by obstructing no more than 6% of polling stations then it is obviously not fit for purpose. I think it's an appalling state of affairs that just five HiSo appointed commissioners and a handful of judges can hold a country of 67 million people to ransom.