Giving EC absolute power may not be the solution

[webfact]

BURNING ISSUE
Giving EC absolute power may not be the solution
ATTAYUTH BOOTSRIPOOM

BANGKOK: -- THE CONSTITUTION Drafting Committee has agreed to give the Election Commission (EC) the power to issue both yellow and red cards against politicians suspected of having won due to dishonest dealings. Under the new plan, the EC will be able to punish fraudulent winners both before and after the election result is announced without having to get a court involved.

Now, it would be interesting to see if giving the EC such absolute power does indeed prevent electoral fraud.

The commission had similar powers before, but it attracted a lot of criticism.

When it was established under the 1997 Constitution, the EC had the power to call for a new round of voting in case of electoral fraud.

In those days, many candidates still resorted to vote buying, possibly because they were unaware of the EC's powers. In the 1980 Senate elections, the EC was able to void the victory of 78 candidates, and another 62 winners in the 1981 general election. A new round of voting was called in both cases.

Yet, despite calling for a new round of voting, the old winners kept resurfacing.

Then it was suggested that in addition to being able to nullify an election victory and calling for a new round of voting - which was later called "yellow carding" - the EC should also be able to "red card" candidates found to have committed electoral fraud more than once. Red-carded candidates were to be disqualified and prohibited from contesting again.

This idea materialised after the Election Act was amended. Initially, the EC's decisions were mostly accepted, with few if any protests against the decision. This was because at that time, the EC was highly credible.

Later, however, questions were raised about some EC decisions, and it was proposed that any decision to call for a new round of voting or to disqualify a candidate should be made by a court.

This idea was incorporated in the 2007 Constitution, and the accompanying Election Act only allowed the EC to issue yellow and red cards until the official election was announced. After that, the EC had to turn to the court to give their decisions a stamp of approval.

Many former and incumbent election commissioners still want the EC to continue turning to an electoral court for election-related issues. This way, they say, the EC will not be pressured and it also ensures checks and balances.

Now there is an advantage to giving the EC sufficient power to issue both red and yellow cards. For one thing, dishonest candidates will be afraid of the watchdog and drop any intention they may have of cheating.

However, to ensure success, election commissioners must command respect and maintain credibility. In reality, though, it is very difficult to find people who have all these qualities.

Relying on people with high integrity and absolute power alone may not solve the problem of electoral fraud, hence it might be better to design a system that is efficient and acceptable to all.

Source: http://www.nationmultimedia.com/politics/Giving-EC-absolute-power-may-not-be-the-solution-30271377.html


-- The Nation 2015-10-22

[smedly]

Give the EC the power to red card and give candidates access to an election appeal court if they feel they have been wronged - you then have the best of both

[bkkcanuck8]

The EC should be responsible for organizing elections only.

Election policing / judicial should be a completely separate function - which should have the powers to police the election and the EC.

[Emster23]

"However, to ensure success, election commissioners must command respect and maintain credibility. In reality, though, it is very difficult to find people who have all these qualities."

And therein lies the rub.... and just how do these people get on the EC? Can't draw from pool of politicians if want "respect and credibility".

[jcsmith]

Give the EC the power to red card and give candidates access to an election appeal court if they feel they have been wronged - you then have the best of both

Not if the EC red cards someone during a campaign. Even if they appeal and win, if the election has already taken place it doesn't matter.

[scorecard]

Give the EC the power to red card and give candidates access to an election appeal court if they feel they have been wronged - you then have the best of both

Not if the EC red cards someone during a campaign. Even if they appeal and win, if the election has already taken place it doesn't matter.

There could be very valid reasons why the candidate should be red carded immediately / during the campaign.

[scorecard]

"However, to ensure success, election commissioners must command respect and maintain credibility. In reality, though, it is very difficult to find people who have all these qualities."

And therein lies the rub.... and just how do these people get on the EC? Can't draw from pool of politicians if want "respect and credibility".

Agree, and the last gang of EC commissioners is a good example, most of the time they were mostly concerned about listening to their own individual voices and one up manship and on several occasions it was clear their philosophical understanding of elections / process was quite lacking.

[smutcakes]

Seems that vote buying was prevalent as far back as the early 80's. Reading TVF i was under the impression that it was invented by and only carried out by Thaksin and his related parties

[Eric Loh]

Seems that vote buying was prevalent as far back as the early 80's. Reading TVF i was under the impression that it was invented by and only carried out by Thaksin and his related parties

Vote buying in general elections was common even in the 1970s but became more prevalent and widespread in the mid to late 1980s. Guess which party was dominant during that period. Certainly not Thaksin linked parties.

[Thailand]

Hardly relevant unless there are likely to be elections when cards of any colour could be handed out.

Don't see them as being a happening,certainly not for the foreseeable future.

[h90]

Give the EC the power to red card and give candidates access to an election appeal court if they feel they have been wronged - you then have the best of both

Well the first question is who select the members of the EC.

Else the go only for the opposition or they are mixed and block each other, don't red card anyone.

Than the yellow card is nonsense. Someone did wrong or did not. A "half wrong" is a strange concept.

The red card must come automatically with freezing the bank accounts, putting the person into jail and removing active and passive voting rights for life.

I don't know for an appeal court....I see things drag out over years or till the next election, by being too sick, witnesses are getting sick, etc etc. If the politician must be in jail meanwhile (with no bail) and frozen bank accounts than it might work better.

[h90]

Seems that vote buying was prevalent as far back as the early 80's. Reading TVF i was under the impression that it was invented by and only carried out by Thaksin and his related parties

yes and Thaksin had the funds to make it full scale nation wide.....But I agree he didn't invent it.

[Praematura]

Hey Thailand, guess what this is a sham and the pm and this authoritarian government isn't going to give you democracy. He's told you ignorant people this already. Meh.[emoji19]