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Amended interim charter to only take into account votes in referendum, Wissanu says


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Amended interim charter to only take into account votes in referendum, Wissanu says
THE NATION

BANGKOK: -- ARTICLE 37 of the interim charter of 2014 regarding vote counting in a referendum takes into account only those who exercise their right to vote, and not all eligible voters, Deputy Prime Minister Wissanu Krea-ngam said yesterday.

If the country has 40 million eligible voters but only, for example, 10 million cast their ballots in the referendum, the majority of the 10 million, not 40 million, will decide the fate of the charter draft, he said.

He said the National Council for Peace and Order did not want to use the Public Referendum Act of 2009 because that law indicated that a referendum would only be legitimate if more then half of the eligible voters exercised their right to vote.

The NCPO did not want the referendum on the charter draft to be declared null and void (if there is a referendum), so it had the interim charter amended to overrule the vote-counting stipulation in the Public Referendum Act.

EC has no authority to dictate number of votes needed

Election Commission member Prawit Rattanapian said the EC had no authority to decide on the number of votes needed for the charter to be passed in the referendum.

He said the decision on whether to count only the votes of citizens who exercise their rights or all eligible voters rested solely with the prime minister.

A source said the EC had consulted its legal adviser, Surapol Nitikraipoj, on the issue. Surapol told the EC that the charter drafters wanted only the votes of people who actually cast ballots to be counted.

During the consultation, the EC ruled out seeking a Council of State ruling on the matter, reasoning that the EC was not entitled to do so since conflicts of opinion have not arisen between the EC and the government. Besides, the interim charter indicated that the EC's duties are limited to holding a referendum, not deciding on how the votes are counted.

Meanwhile, Prawit said people were free to express their opinions fully about the charter draft on social-media networks as long as they speak the truth or quote legal content related to the charter, refrain from vulgar language and mudslinging, and do not provoke turmoil.

He said the EC had tentatively chosen January 10 as the date of the referendum, but it might be delayed further.

Source: http://www.nationmultimedia.com/politics/Amended-interim-charter-to-only-take-into-account--30268102.html

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-- The Nation 2015-09-04

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NCPO doesn't like the law so it independently changes the law to fit its own agenda.

At least it didn't make a mockery of the law by having its rubberstamp NLA legally change the law.

Now the draft charter can be approved by a minority of eligible voters, just like the 2007 Constitution. And look what that got the Thai people.

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