The Election Commission on Saturday defended a draft organic law empowering poll investigators to arrest suspected violators of election laws, saying the measure was designed to combat poll fraud.
EC chairman Supachai Somcharoen said the proposed increase in poll investigators' powers is meant to address the Constitution Drafting Committee's concerns about cheats and vote-buying.
Under the proposed law which deals with the commission's structure and powers, its investigators would be authorised to summon, search and arrest those suspected of violations under the Criminal Code.
The proposal was snubbed by critics who claimed the commission had failed in its task and did not deserve more power. Among them was former Democrat MP Charnchai Isarasenarak who recommended harsher penalties for commission staff found in the wrong.
In response to Mr Charnchai's call, Mr Somchai said the EC investigators, once granted the powers under the Criminal Code, would be subject to penalties twice as severe as others when they break the law.
He said their conduct would also be governed by Section 157 of the Criminal Code, meaning they could face criminal investigation for negligence of duty and abuse of authority.
According to Mr Somchai, EC member Boonsong Noisopon is developing a training course for investigators to make sure they are up to the job, as the charter requires the Appeal Court's election division to use the commission's case files in trials.
He said there are about 200 vacant posts for commission investigators, and this post requires candidates with investigative skills and expertise. However, they do not need to have police backgrounds.
He said the commission is ready to clarify the draft organic law with the Constitution Drafting Committee on Thursday.
"These powers are limited to election- related offences, so it is not without proper reason. If they don't have the authority, no one will show up for questioning and the cases will stall," he said. "And when the alleged offenders get elected, they can wield their political power and undermine efforts to stamp out election fraud."
Mr Somchai said the EC also sees it as necessary to have provincial election offices help with the work. However, under the proposed law, provincial election officials would not be allowed to work in election fraud cases.
The EC chairman said two key elements in the draft law are the establishment of a fund for the prevention of poll fraud and a bargaining system to turn suspected vote sellers into witnesses.
Regarding the selection of senators, he said the commission is working on a related bill -- the most difficult among the organic laws.
Under the draft charter, a 200-member senate will be selected from 20 professional groups, 10 from each group.
"The system is new and the challenge is how to prevent 'organised voting blocks' and how to make sure that the candidates are from diverse groups," he said.
He said the bill will also be submitted to the Constitution Drafting Committee once it is completed.