Bangkok: Somchai, a former Election Commission member, has asserted that conducting a referendum on question 1 alongside the general election scheduled for February 8th is not feasible due to conflicting legal timelines. He emphasized that while the election must be conducted within 60 days, the referendum is legally required to be held no less than 60 days later. This stipulation presents a challenge to the government, as it would necessitate additional funding and potentially create a budgetary obligation.

According to Thai News Agency, Somchai Srisutthiyakorn, a former Election Commissioner and academic, highlighted the developments concerning the constitutional amendment referendum. On the night of December 11, 2025, just before the royal decree to dissolve parliament, a parliamentary vote of 494 to 1 decided to forward the referendum question-“Do you agree or disagree with the drafting of a new constitution?”-to the Cabinet for consideration. The discussion is anticipated to occur at the Cabinet meeting on Tuesday, December 16th, raising the question of whether this referendum on drafting a new constitution will indeed proceed.

Mr. Somchai firmly stated that holding the referendum on the same day as the election is impossible due to non-aligned timelines. While a general election is to be conducted within 45-60 days, a concurrent referendum requires a minimum of 60 days. Therefore, with the election set for Sunday, February 8, 2026, which is 58 days post-parliament dissolution, conducting the referendum on the same day is unfeasible.

Somchai suggested that the Cabinet could resolve to hold the referendum on a different date, utilizing a 90-120 day window from the resolution’s passage. Should the Cabinet make this decision on Tuesday, the referendum could occur around mid-March 2026. However, the Cabinet must deliberate over the need for an additional budget of approximately 4,000 million baht to hold the referendum separately from the election. Article 169 (1) of the Constitution complicates this, as it restricts the caretaker Cabinet from approving work or projects that would obligate the succeeding Cabinet, unless already included in the annual budget.

‘The decision to hold a referendum on question 1 in March 2026 rests with the Cabinet and Mr. Anutin. We are merely supporters and will not assume any responsibility,’ Mr. Somchai stated.