The Election Commission opposes a proposal under the new charter to curtail its power to organise polls and transfer the duties to a new body.
Somchai Srisutthiyakorn, Election Commissioner: Apologised last year for saying Interior Ministry officials "are prone to come under the influence of politicians" but now is giving similar sentiments.
On Thursday, the EC wrote to the National Council for Peace and Order (NCPO), the cabinet, the National Reform Council (NRC), the National Legislative Assembly (NLA) and the Constitution Drafting Committee (CDC) — the so-called "five rivers" — to hit back at the CDC's efforts to strip the agency of its power to organise polls.
Charter drafters have agreed the EC should assume a supervisory role and a new body should be set up separately to run the polls. Known as the Election Organising Committee (EOC), the body will specifically run the polls. It will comprise a group of seven state officials and one or two representatives from the civic sector.
The officials will be appointed by the national police chief and permanent secretaries from six ministries: the Defence Ministry, Interior Ministry, Agriculture and Agricultural Cooperatives Ministry, Public Health Ministry, Education Ministry and Transport Ministry.
Two representatives from the civic sector are likely to come from the proposed National People's Assembly, which will help monitor elections in the provinces. The assembly will be up and running after the new charter is promulgated.
Under the new charter, the EC will keep most of its powers granted by the now-abrogated 2007 charter. These include the powers to investigate election fraud, order re-elections and supervise referendums. It will also be able to transfer state officials suspected of election fraud as soon as a royal decree calling elections comes into effect.
The commission can order disciplinary investigations against officials and candidates suspected of poll fraud and its investigation reports can be used to take action against them.
In its letter, the EC said the separation of the body overseeing the poll and the body organising polls is not in compliance with an internationally accepted practice. The EC said the state officials to be appointed to the EOC would work under the supervision of politicians and so their neutrality and independence could be called into question.
In its letter, the poll agency also insisted it should be allowed to retain its power to issue both red and yellow cards for poll violations under the new charter. The CDC wants to transfer the power to issue red cards to the courts instead.
Under the current system, candidates issued yellow cards are allowed to compete in election re-runs, but those given red cards are disqualified.
The EC argued the courts may take time to rule on poll violations and issue red cards, and this could allow poll candidates accused of breaking election laws to assume office.