EC objects to ‘reset’, wants 6 bill changes

The move to “reset” the Election Commission (EC) through an organic bill violates the rule of law and the constitution, the poll agency says.

The bill also flouts the constitution in five other key areas, the poll agency said.

As a result the agency will send the bill back to the National Legislative Assembly (NLA) on Friday for it to be amended, commission spokesman Poompitak Gongkaew said yesterday.

He was speaking after EC commissioners met yesterday to discuss the bill.

The NLA passed the organic bill on June 9 by a vote of 177-1 with five abstentions. The bill was drafted by the Constitution Drafting Assembly and amended by an NLA panel that proposed the current five EC commissioners be removed and replaced by seven new ones. The EC had the right to challenge the amendments.

Mr Poompitak said the main objection concerns Section 70, which forces the present EC members to vacate their posts — which has been called the “resetting” approach.

The EC said this contravenes the rule of law, traditional practices and constitutional spirits, according to Mr Poompitak.

Another objection was to Section 11 (3) of the bill relating to the qualifications of panelists selecting EC members.

Mr Poompitak said it stipulates panelists must be neutral, scrupulous, understand the EC’s duties and must not be influenced by any political parties. This last requirement goes beyond what is set in the charter, he said.

A third objection involves commissioners’ qualifications, set out in Section 12 (1) of the bill, which say they must not be influenced by political parties and display the right attitudes in accomplishing their tasks. Mr Poompitak said the EC considered this goes beyond what the charter requires.

The fourth concerned Section 26, which empowers any EC member to defer, suspend or re-arrange an election in polling units or constituencies. The EC said this again does not comply with the charter.

The fifth pointed to Section 27, referring to EC powers in dealing with the election of local executives, which the EC said does not comply with the charter’s spirit.

The last targets Section 42, which authorises the EC to conduct an inquiry over poll fraud. According to the EC, this also does not abide with the charter.

Election Commissioner Theerawat Theerarojanawit said he was the only one who backed the “resetting proposal”.

He said, the NLA overwhelmingly passed the bill so he respected the vote.

He said opposing “resetting” would raise suspicions as to whether EC members were protecting their interests.