NLA passes organic bill on election board
The National Legislative Assembly (NLA) has approved the organic bill on the Election Commission (EC), in effect rejecting five counterpoints, including resistance to the so-called “set zero” proposal for poll commissioners raised by the EC.
The lawmakers unanimously voted to approve the bill after it was reviewed by a joint committee made up of the NLA, the EC and the Constitution Drafting Committee, which drafted the bill.
The joint panel was formed to iron out differences of opinion over the NLA-modified organic bill. However, the NLA had the final say on whether the bill it modified should stay intact.
The NLA included the stipulation about the replacement of the incumbent poll commissioners when the bill is enforced. The bill passed by a vote of 194 to zero. The NLA insisted the set zero section did not contravene the charter or the rule of law, as claimed by the EC.
The EC also challenged a new qualification criteria added by the NLA during scrutiny of the bill, requiring poll commissioners to be free of any association with a political party. The EC argued the section exceeded what is stated in the constitution, but the NLA did not agree.
The EC also had a problem with the NLAmodified section that deprived individual commissioners of the power to immediately suspend or delay an election at a polling station or in a constituency upon the discovery of alleged fraud. EC chairman Supachai Somcharoen said if the EC could not act to stop suspected poll fraud, it could be prosecuted for dereliction of duty.
However, Gen Suphawut Uttama, who sat on the joint panel, said the EC would still be able to suspend polls immediately with an order from an EC meeting.
Mr Supachai also objected to unclear writing in the bill that could lead to misinterpretation that the EC no longer supervises local elections.
Pakorn Nilaprapan, a member of the joint panel, said the EC was authorised to assign other agencies to hold local administration organisation polls on its behalf if needed. But the poll must be conducted in strict compliance with EC rules.
The EC also argued against the EC secretary-general handling the poll investigation, maintaining such power should rest with the election commissioners.
The joint panel said the secretary-general would help the EC work against poll irregularities, forwarding cases to prosecutors without having to submit them to the police first, as in the past.
On the set zero issue, Mr Supachai insisted it was unfair and against good governance to remove the present election commissioners because the NLA has not put in place similar standards for other independent agencies.
Somchai Sawangkarn, an NLA member on the joint panel, said the qualifications of election commissioners under the new charter differ from those of the current batch in terms of authority, so it was necessary to clear the decks, despite the criticism.