Election can be postponed by up to 30 days in emergencies, says EC secretary-general
Thailand’s Election Commission (EC) can postpone the general election by up to 30 days if there is a genuine necessity such as a border security crisis or martial law that disrupts voting
Speaking on December 13, 2025, after the House was dissolved amid clashes along the Thai–Cambodian border, Sawaeng Boonmee, EC secretary-general, explained how the Constitution allows for flexibility while still requiring a single nationwide election day.
1. Why must voting be held on the same day nationwide?
Sawaeng stressed that under the Constitution, the election must be held on the same day throughout the Kingdom.
If voting is not conducted on the same day nationwide, the election would be considered null and void from the outset – meaning:
- all results become invalid
- time and resources of all parties are wasted
- state budgets and private spending by candidates and parties are lost
- and the country loses an opportunity to move forward politically and economically.
2. What happens if there is an emergency?
Sawaeng outlined two main approaches for preserving a single election day when “necessary circumstances” arise, such as serious border incidents or martial law that affects voting:
2.1 Use the original election date (no postponement)
The EC can still hold the election on the original date set under Section 103 of the Constitution (within 60 days of the House dissolution).
In special or high-risk areas, election management can be adapted under the principle of “bringing people to the polling station” rather than bringing the polling station to the people (the latter still has legal constraints).
2.2 Set a new election date under Section 104
If there is a “necessary reason” that makes holding the election on the original date impossible, the EC can set a new election date under Section 104.
The key condition: voting must be held within 30 days after the necessity ends.
Sawaeng noted that “necessity” is open-ended in nature, but the deadline for holding the election is clearly closed-ended by the 30-day rule.
3. Does martial law automatically postpone an election?
Sawaeng emphasised that martial law does not automatically justify postponing an election.
Martial law can be declared to maintain order or protect national security from internal or external threats.
It may be nationwide or limited to certain areas.
Whether any specific martial law declaration qualifies as a “necessary reason” under Section 104 must be assessed case by case, based on:
- its content, and
- its impact on the EC’s ability to conduct an election.
“Not every declaration of martial law will amount to a ‘necessary reason’ under Section 104,” he said. Only once it is deemed to qualify can the EC then apply the solutions under point 2.
Finally, Sawaeng stressed that whether there is an emergency or not, once the House term ends or is dissolved, the EC is always required to announce an election date under Section 102 or Section 103 first, and only then, if a “necessary reason” arises, can Section 104 be used to adjust the timetable.
This framework, he said, is designed to balance flexibility in times of crisis with strict constitutional safeguards to protect the legitimacy of the electoral process.
