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Key election laws set to be decided

Six key issues to be decided by NLA in coming days

Published on September 25, 2007



The National Legislative Assembly (NLA) is due to start vetting three election-related bills tomorrow and some of the issues are bound to have a significant impact on the ballot. Here are six of those issues:

1. Establishment of a provincial Election Commission

Advocates of a provincial-level Election Commission say having 76 EC administrators will help speed up the work of the national EC and decentralise power from the centre. They say it will reduce corruption within the organisation because having more people involved will increase the chances of whistle-blowers from within.

Though the majority on the NLA committee reviewing the bills are all for it, some big players within the NLA, such as Somkiat Onwimon, will try to have it voted down this week. Somkiat argues that a provincial-level EC would not only make the EC bloated and too expensive to run but would also enable influential political figures to manipulate the local EC to their benefit.

2. The EC will be empowered to decide limits on campaign posters in terms of size, number and location

Committee member and NLA member Gothom Arya has said restrictions like these are long overdue.

"This is a major transformation," Gothom told The Nation. "Countries like Japan have [restrictions], though we don't talk much about them here. This will be a good law."

Politicians from big parties with big budgets, however, are likely to lobby some NLA members to oppose it because they could lose advantages they have traditionally enjoyed.

Some NLA members like Wuthipong Priabchariyawat believe campaign posters should and can be politically educational and should not be limited.

3. A single legal entity can nominate only one candidate for the selection of appointed senator

This move, supported by a majority on the NLA committee, has been vehemently opposed by the military-wing on the panel. Committee member Admiral Prasert Boonsrong has said time and again that if the regulation is adopted, the whole of the Ministry of Defence could only nominate six candidates. For instance, he said, since the Army is considered a single entity it can only nominate one person, just like any other little-known association with a few hundred members can nominate one name.

Though committee chairman Prasong Soonsiri is partial toward the military, other members fear any exceptions made for the military would only invite more criticism.

"We'll be attacked right away," said committee member Sujit Boonbongkarn.

Others are afraid that the Armed Forces would dominate the Senate once again.

"Think about it carefully … We can be criticised for supporting bureaucracy, which may become too powerful. Is that not a problem?" said committee member Somchao Srisuthiyakorn

Seventy-four of the 150 senators will be selected.

4. A proposal to restrict political activities that may be considered bribery

This proposal, supported by the majority in NLA, means that politicians will no longer be able to give away money and other forms of assistance to people within their constituency.

Though temples and other religious bodies can still ask for donations, they will only be legal if initiated by monks or temple authorities and not politicians themselves.

Committee member and Chat Thai Party executive Kanchana Silpa-archa decried the decision, saying it would deride the "human qualities" of local politicians. Other supporters of the move say it lessens the patronage culture often practised by provincial politicians.

5. Empowering the EC to stop any activities believed to lead to electoral fraud and to scrutinise the bank account of anyone suspected of electoral fraud

This issue is contentious as some see this as giving too much power to the EC.

"The EC is not the police or the judiciary ... There will be people who will abuse the power," committee member and EC secretary Suthipol Thaweechaikarn warned.

But supporters say it's outrageous the EC is not given such rights as it would otherwise be powerless and unable to nip electoral fraud in the bud.

6. The proposal to limit individual and corporate donations to Bt50 million per party per annum

Opponents of the move, such as committee member Narong Chokewattana, say it is tantamount to legalising political bribery. Narong reasons that it's almost impossible for the donor of such a big sum - corporate or individual - not to expect anything in return.

"They will definitely expect something in return," Narong warned.

Proponents, such as committee member Borwornsak Uwanno, say it will enable the public to better understand who or which business groups are behind each party, thus making money-for-favour deals less likely to happen.

Borwornsak calls it a "transparency of political finance".

Wuthipong argues that the ceiling is too high, because even in rich countries like the United States, the limit is $100,000 or Bt3.42 million.

Pravit Rojanaphruk

 The Nation


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