Critics oppose EC’s lifetime political ban

CONCERNS mounted yesterday over a proposed organic law from the Election Commission that would allow it to ban for life any election candidate whose election rights are revoked by a court for fraud.

“Election fraud is not a crime that warrants a lifetime ban. It’s a serious punishment for politicians. It’s like cutting off their limbs,” Sodsri Sattayathum, a former election commissioner, said yesterday.

“With such a ban, politicians may be viewed as criminals.” 

Most politicians would disagree with the EC proposal, she said.

Under its draft bill on the elections of members of Parliament, as proposed to the Constitution Drafting Commission (CDC), the EC would be authorised to impose a lifelong ban on contesting any election for any candidate judged guilty of cheating. 

This is in line with in the new constitution’s provisions prohibiting such persons from becoming an MP, senator or political appointee, the EC argued. The proposed ban is called the “black card”, following the popular use of yellow, orange and red cards to denote other measures. 

Peerasak Porchit, vice president of the National Legislative Assembly, warned about allowing the EC to give out such severe sentences.

“It is not appropriate to hand the EC such a great power. Any such serious punishment should be decided by a court following a proper trial,” he said.

Democrat Party politician Wirat Kalayasiri yesterday voiced disagreement against empowering the EC to imposing a lifetime ban on candidates. He said such power should be for courts, and not the EC. Wirat, a legal expert for the party, expressed concern that the EC might abuse that power as has happened in the past.

CDC chairman Meechai Ruchupan refused to answer a question on whether giving the EC the right to issue a “black card” would go beyond the new constitution.

He said he has not read the EC’s draft bill so he could not comment on the clauses in question.

However, the bill’s clauses on “orange card” and “red card” – revocations of the election rights of candidates found to have won dishonestly – were in line with provisions in the constitution, he said.

Ongart Klampaiboon, deputy Democrat Party leader, said he did not think politicians contesting elections honestly would have anything to fear.

However, such a ban must be decided in an honest and fair manner.

“Elections are like sports games and the candidates are like players. We must play by the rules,” he said.

The Democrats approved all efforts to prevent vote buying, as such measures were necessary to screen out politicians unsuitable to rule the country.

The EC’s proposed bill was just preliminary and still needed endorsement from the NLA and the CDC before it actually gets promulgated, he added.

The National Reform Steering Assembly, chaired by Tinnapan Nakata, convened to consider on the draft bills on MP elections and political parties as proposed by the NRSA’s political reform committee.

Following hours of debate, the assembly agreed to meet again today to vote on endorsing the panel’s proposed bills.

 

 

Colour-coded punishments