Postal Referendum Risks Invalidity Due to Legal Constraints, Says Election Commission

Bangkok: The issue of conducting a postal referendum has been scrutinized for its potential legal ramifications, as highlighted by Mr. Saeng. The decision to interpret a postal referendum as early voting poses risks of invalidity, given that the current law does not require this method. Although the Election Commission (EC) has the administrative capacity to facilitate such a process, it remains cautious about taking any risks.

According to Thai News Agency, Mr. Sawang Boonmee, Secretary-General of the Election Commission, addressed a proposal from Mr. Parit Watcharasithu, a member of parliament from the People’s Party, suggesting an advance referendum via mail. Mr. Boonmee expressed appreciation for the suggestion but emphasized that both elections and referendums must adhere to strict criteria to ensure they are free, fair, transparent, and convenient for the public. He highlighted that the EC’s management will ensure compliance with these standards and that results will be thoroughly reviewed to maintain election integrity, especially when elections and referendums are conducted concurrently.

Mr. Sa-nguan, a senior figure within the EC, clarified that although administrative measures could potentially facilitate the process, any deviation from the law could jeopardize the election’s validity. He stated that the commission is unwilling to risk the election process and its outcomes. He also indicated that the EC would re-examine the law to explore feasible options without compromising legal requirements.

When questioned about the legality of advance mail-in referendums, Mr. Sa-nguan explained that the main concern lies in whether the law deems it necessary. He noted that mail-in registration could be interpreted as advance voting, which the law currently prohibits. While administrative tasks related to vote tallying pose no issues, the challenge remains whether the law permits a mail-in referendum that does not coincide with the scheduled referendum day.

Further addressing logistics, Mr. Sa-nguan mentioned that the upcoming referendum, planned alongside the general election, will utilize both types of ballots. He pointed out that conducting referendums outside the Kingdom might necessitate alternative methods, as the Ministry of Foreign Affairs and embassies have the authority to manage these processes. He assured that embassies could facilitate mail voting, accommodating the large number of Thai citizens abroad, despite limited embassy staff.

Lastly, Mr. Sa-nguan discussed a proposal to include party logos and colors on ballots to enhance public convenience. This initiative is already underway for party-list ballots, while constituency ballots already provide candidate details at polling stations, enabling voters to easily identify their choices.